Page:Revised Codes of the State of North Dakota 1895.pdf/1440

§§ 7989-7995 § 7989. When grand jury may be called. No grand jury shall be drawn or summoned to attend at the session of any district court within this state unless the judge thereof shall so direct by order in writing under his hand and filed with the clerk of the court at which said grand jury is required to attend. The judge of the district court in and for any county or judicial subdivision must, in the manner herein provided, direct that a grand jury be drawn and summoned to attend at a term of the said court, whenever:

1. He shall deem the attendance of such jury necessary for the due enforcement of the laws of this state.

2. The board of county commissioners of the county wherein the court is to be held, in writing, requests him so to do; or,

3. A petition in writing, signed by at least twenty-five resident freeholders or taxpayers of said county or judicial subdivision and requesting the same is presented to such judge. The request provided for in subdivision 2 of this section and the petition mentioned in subdivision 3 hereof must be presented to such judge at least fifteen days before the commencement of the term at which the attendance of a grand jury is requested.

ARTICLE 1.- FORMATION OF THE GRAND JURY.

§ 7990. Challenges. State. Accused. The state or a person held to answer a charge for a public offense, may challenge the panel of a grand jury, or an individual grand juror.

§ 7991. Challenge allowed. Procedure. Whenever a challenge to the panel or to an individual grand juror is allowed, the court shall make an order to the sheriff or other officer to summon without delay from the body of the county, a sufficient number of persons to complete or to form a grand jury.

§ 7992. Twelve jurors may find an indictment. No indictment shall be found, nor shall any presentment or accusation be made, without the concurrence of at least twelve grand jurors.

§ 7993. Challenge to panel. Causes for. A challenge to the panel may be interposed by either party for one or more of the following causes only:

1. That the requisite number of ballots was not drawn from the jury box of the county or subdivision.

2. That notice of the drawing of the grand jury was not given.

3. That the clrawing was not had in the presence of the officers designated by law, or in the manner prescribed by law.

§ 7994. Challenge allowed, jury discharged. If a challenge to the panel is allowed, the grand jury must be discharged.

§ 7996. Challenge to individual grand juror. Causes for challenge to an individual grand juror may be interposed by either party, for one or more of the following causes only:

1. That he is a minor.

2. That he is not a qualified elector.

3. That he is otherwise disqualified under any of the provisions of article 10. chapter 7 of the political code.

4. That he is insane.

5. That he is a prosecutor upon a charge against the defendant.

6. That he is a witness on the part of the prosecution, and has been served with process or bound by an undertaking as such. 1406