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 office of clerk of the district court, as the same are or may be prescribed by law, may institute legal proceedings upon the bond of such clerk, and collect thereon double the amount of damages actually sustained by such aggrieved person, which suit may be brought before any court having competent jurisdiction; and the county treasurer is also authorized and required for every such violation or neglect of duty, to collect a fine of not less than fifty dollars for any such violation of duty, or refusal or neglect on the part of said clerk of the district court.

Duties of clerk of court. s. 3 and 4, c. 14, Pol. C.

§ 441. It shall be the duty of the clerk of the district court to perform all duties which are or may be assigned him by law, and the rules of the court of which he is clerk, made in pursuance of the statute in such case provided. In the absence of the clerk of the district court from his office, or from the court, the deputy, appointed in pursuance of law, may perform all the duties pertaining to the office.

Clerk may adjourn court when. s. 5, c. 14, Pol. C.

§ 442. The clerk of any district court, whenever the judge whose duty it may be to preside therein is hindered or delayed from any cause from being at the place of holding the same on the first, second or third day of the term thereof, is hereby authorized to adjourn said court from day to day, until the fourth day of said term; then if said judge does not appear and take his seat to preside therein, and the clerk does not receive a written order of adjournment, the clerk aforesaid shall adjourn said court without day; but the justice may, by written order to the clerk, have an adjournment of any term of court within the four days as aforesaid, to such other time as he may therein appoint; and such adjourned term shall be considered as a regular term for all lawful purposes whatever.

ARTICLE 5.-JURORS. Section.

General provisions|443-445e}}

Drawing in counties without township organization|446-450}}

Section.

Drawing in counties with township organization|451-459}}

Drawing in judicial subdivisions of more than one county|460, 461}}

Section.

443. Qualifications of jurors

444. Jury summoned only on order of court.

445. Grand jury, how summoned.

445a. Jurors must appear.

Section.

445b. Court may order jury forthwith.

445c. Summons for special panel.

445d. Citizens selected in rotation.

445e. Penalty for failure to appear.

Qualification of jurors. s. 1, c. 19, Pol. C.

§ 443. All male citizens residing in any of the counties of this territory, having the qualifications of electors, and being over the age of twenty-one years, and of sound mind and discretion, and not judges of the supreme court or district courts, clerks of the supreme or district courts, sheriffs, coroners, licensed attorneys, engaged in practice, or jailers, and not subject to any bodily infirmity amounting to a disability, and who have not been convicted of a criminal offense punishable by imprisonment in the penitentiary, and not subject to disability for the commission of any offense which by special provision of law does or shall disqualify them, are and shall be competent persons to serve on all grand and petit juries within their counties or subdivisions respectively; provided, that persons over sixty years of age, ministers of the gospel, probate judges, county commissioners, registers of deeds, practising physicians, postmasters and carriers of the United States mail, shall not be compelled to serve as jurors; and provided further, that all members in good standing of any regularly organized fire company shall be excused from serving as jurors in the courts of this territory.

Jury summoned on order of district court. s. 5, c. 19, Pol. s. 1, c. 74, 1883.

§ 444. No jury shall be summoned except by order of the judge of the district court, who shall issue an order to the clerk of said court that a jury shall be summoned, and in such order shall specify the number of petit jurors that shall be summoned,