Page:1887 Compiled Laws of Dakota Territory.pdf/151

 failure of the officers of any township, city or town to perform their duty, as hereinbefore provided, shall not invalidate said list made up by the clerk of the district court.

Formation of county board to select jurors. s. 5, c. 72, 1883.

§ 455. Within two days from the receipt of the order of the judge of the district court, directing a jury to be summoned, the clerk of the district court, or his deputy in case such clerk of the court does not act, and the county clerk, county treasurer and sheriff, or a majority of them, shall meet together at the county seat. In case the sheriff shall be disqualified by reason of being a party to any suit pending in said district court, or suspension from office, the coroner shall serve with said officers in place of the sheriff. The meeting of said officers shall be after notice in writing has been served the same day upon them, or their deputies, or by leaving a copy of said notice in their respective offices in case any such officer or deputy is absent from the county seat. Said notice must be served by the said clerk of the court, and must state therein the object to be to draw names for jurors of the next term of the district court, and the place and time of such meeting.

Drawing jurors, manner of. s. 6, c. 72, 1883.

§ 456. At such meeting the clerk of the district court or his deputy shall write the name of each person on said juror list on a separate ticket, and the remainder of the officers at such meeting shall compare such tickets with said list, and when all of said names on said tickets are found to correspond with said list, the said tickets shall then be folded and placed in a box or some suitable receptacle and shaken.

Same. s. 7, c. 72, 1883.

§ 457. One of said county officers, other than the clerk of the district court or his deputy, shall then proceed to draw enough of said tickets to equal the number of jurors directed to be summoned by the judge of the district court, and the clerk of the court or his deputy shall record such names in the order in which they are drawn, in a book to be kept for that purpose. The jurors first drawn to the number 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 be liable to serve as petit jurors.

Duty of clerk of court. s. 8, c. 72, 1883.

§ 458. The clerk of the court shall on the day of the drawing as last herein provided, issue a venire or venires, as the case may be, directed to the proper officer of the county, commanding such officer to summon the persons 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.

Number of names to be kept at maximum. s. 9, c. 72, 1883. s. 5, c. 80, 1887.

§ 459. Such number of two hundred names 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 furnishing of so many names as have been drawn so as to keep said number of two hundred full. And at the subsequent meeting the said board of commissioners shall proceed to apportion as hereinbefore provided for making up the whole of said list, and the same proceedings shall take place as to such names so required as are herein directed to be taken in making said full list, except that the board of supervisors of any township, the board of aldermen or the city council of any city, or the board of trustees of any town, need not be specially called to draw any such names, but may do so at any regularly called meeting, provided that in the notice of such meeting the fact that names for a jury list are to be drawn shall be stated therein as heretofore provided.