Page:1887 Compiled Laws of Dakota Territory.pdf/149

 from the last annual tax list, and furnished to the clerks of the district courts by the county commissioners, from which to draw the grand and petit jurors; and such numbers shall at all times be kept full by completing the number after each term of court when a jury or juries have been drawn and summoned; and at the end of each term of the district court the clerk thereof shall make requisition upon the county commissioners for the furnish- ing of so many names as have been drawn, so as to keep the said number of two hundred full; and such county acommissioners shall, at their first meeting after receiving such requisition, fur- nish such number of names, so selected, of persons so qualified, to complete and keep full such number of two hundred; provided, that upon discovery by the court or county commissioners of the name of any person who is a non-resident or disqualified, they shall withdraw such name.

Clerk puts names on tickets. s. 7, c. 19, Pol. C.

§ 447. The clerk or deputy clerk receiving the names from the county commissioners as herein [above] provided, shall write the name of each person selected om a separate ticket and place the whole number of tickets in a box or other suitable and safe receptacle, and shall preserve the list of names furnished by the commissioners in the files of his office.

Clerk and sheriff draw jurors by lot. s. 8, c. 19, Pol. C.

§ 448. The clerk of the district court or his deputy, and the sheriff or his deputy, or if there be no sheriff, or in case of his disability or suspension from office, the coroner, shall immedi- ately upon or within two days from the receipt of the order directing a jury to be summoned, meet together and draw by lot out of the box or receptacle wherein shall be kept the tickets aforesaid, the number of jurors directed to be summoned by the judge of the district court. The jurors first drawn, to the num- ber required in the order, shall serve as grand jurors, if a grand jury shall be ordered to be summoned, and the remainder drawn in compliance with said order shall serve as petit jurors.

Clerk to issue venires. s. 9, c. 19, Pol. C.

§ 449. The clerk shall, on the day of the drawing as herein provided, issue a venire or venires, as the case may be, directed to the proper officer of the counties respectively from which the jurors are drawn, commanding such officer to summon the per- sons whose names are drawn to appear before the district court at the hour, day and place designated in the order of the judge. A separate venire shall issue for the grand jury when such jury shall be ordered.

Venire, how served. s. 10, c. 19, Pol. C.

§ 450. The officer receiving such venire shall forthwith serve the same by reading or delivering a true copy thereof to each person therein named, or by leaving such a copy at his usual place of residence (such copy need contain only the name of the juror served), and shall make return thereof, with his proceed- ings indorsed thereon, to the clerk as soon as he has executed the same.

Section.

451. Drawing jurors in counties wholly or partially organized into civil townships.

452. Clerks of townships to post notices.

453. Supervisors, aldermen or trustees to select jurors.

454. Clerk to send list to clerk of court.

Section.

455. County board to select jurors.

456. Manner of drawing jurors.

457. Same-Grand aud petit jurors.

458. Duty of clerk of court.

459. Number of names to be kept at maximum.

Manner of drawing jurors in counties wholly or partially organized into civil townships. s. 1, c. 80, 1887.

§ 451. In every county in this territory, either wholly or partially organized into civil townships, wherein a district court is appointed or directed to be holden, the names of two hundred persons who are qualified to act as jurors shall be selected in the manner hereinafter provided, from which to draw the grand and petit jurors. The board of county commissioners in each county in which only a portion of the civil townships are or may be or-