Page:1887 Compiled Laws of Dakota Territory.pdf/150

The Judiciary. ganized, shall apportion to each of the organized townships, and to each incorporated city or town in such county, and to the unorganized portion of such county, as near as may be, its pro rata share of the said number of names. The number of names to be selected from those of the qualified residents of the portion or portions of such county not organized into civil townships and not embraced within the limits of any incorporated city or town, shall be furnished by the county commissioners in the manner now provided by law for counties having no organized townships. In each county in which the entire number of townships are organized into civil townships, the board of county commissioners shall, as near as may be, apportion pro rata the said two hundred names among the several townships in their respective counties; provided, that in counties containing an incorporated city or town, or incorporated cities or towns, the county commissioners shall apportion, as near as may be, to each incorporated city or town, its pro rata share of said number of names. The basis of any apportionment provided for in this section, shall be the proper names on the several assessors' lists for the year preceding the making or filling of such list of names for jurors.

Clerks of townships to post notices. s. 2, c. 80, 1887.

§ 452. Whenever the county commissioners of any such county shall have determined the number of such names for each of the organized civil townships, and for each incorporated city or town, if any there be in such county, the county clerk shall forth with notify the clerk of each of such townships, cities and towns of the apportionment for his township, city or town, and said clerk shall immediately thereafter cause to be posted in three public places in his township, city or town a notice that the board of supervisors of the township, or the board of aldermen or the city council of the city, or the board of trustees of the town, as the case may be, will meet to draw the names of qualified jurors of the township, city or town to make up the grand and petit jurors' list of the county. Such notice shall state a place and hour of such meeting within the township, city or town, and designate a day, not less than five nor more than ten from the date of posting such notice.

Aldermen, supervisors and trustees to select jurors-Manner of. s. 3, c. 80, 1887.

§ 453. Upon the day mentioned in section 452, the board of supervisors of the township, the board of aldermen or the city council of the city, or the board of trustees of the town, shall meet at the time and place mentioned in such notice, and select from the names of the resident tax payers of such township, city or town, three times as many names as are apportioned to the township, city or town by the county commissioners; and the township, city or town clerk shall at such meeting write each name so selected upon a separate ticket, and shall also record a list of said names so written and selected a book to be kept for that purpose. The said board shall then compare the names on said tickets with such recorded list of names, to see that said tickets are correct. The tickets shall then be folded, placed in a box or some other receptacle, and shaken up; one member of the board shall then select by lot, from the tickets in said box or receptacle, the proper number of names so apportioned to his township, city or town, as the case may be; and the clerk shall then record, in a book to be kept for that purpose, such names in the order in which they are drawn.

Clerk to send list to clerk of court. s. 4, c. 80, 1887.

§ 454. said clerk shall immediately thereafter forward by mail to the clerk of the district court of his county a list of the names so drawn; and such clerk of the court shall make out and record, in a book to be used for that purpose, a list of the names returned to him under the provisions of this act; but the