Page:Revised Codes of the State of North Dakota 1895.pdf/1442

§§ 8004-8011 $ 8004. Oath to foreman. The following onth must be administered to the foreman of the grand jury:

"You, as foreman of this grand jury, shall diligently inquire into, and true presentment make, of all public offenses against this state, committed or triable within this county (or subdivision), of which you shall have or can obtain legal evidence. You will keep your own counsel, and that of your fellows, and of the state, and will not, except when required in the due course of judicial proceedings, disclose the testimony of any witness examined before you, nor anything which you or any other grand juror may have said, nor the manner in which you or any other grand juror may have voted on any matter before you. You shall present no person through malice, hatred or ill will, nor leave any unpresented through fear, favor or affection, or for any reward or the promise or hope thereof: but in all your presentments or indictments, you shall present the truth, the whole truth and nothing but the truth, according to the best of your skill and understanding. So help you God."

§ 8006. Oath to other grand jurors. The following oath must be immediately thereupon administered to the other grand jurors present:

"The same oath which your foreman has now taken before you on his part, you and each of you shall well and truly observe on your part. So help you God."

§ 8006. Court must charge grand jury. The grand jury being impaneled and sworn, must be charged by the court. In doing so, the court must give them such information as it may deem proper as to the nature of their duties, and as to any charges for public offenses returned to the court, or likely to come before the grand jury.

§ 8007. Jury must retire. The grand jury must then retire to a private room and inquire into the offenses cognizable by them.

§ 8008. Clerk. Appointment. His duty. The grand jury must appoint one of their number as clerk, who must preserve minutes of their proceedings, except of the votes of the individual members, and of the evidence given before them.

§ 8009. When jury to be discharged. On the completion of the business before them, or whenever the court shall be of opinion that the public interests will not be subserved by a further continuance of the session, the grand jury must be discharged by the court: but whether the business is completed or not, they are discharged by the final adjournment of the court.

ARTICLE 5. - POWERS AND DUTIES OF THE GRAND JURY.

§ 8010. General powers and duties. The grand jury has power, and it is their duty to inquire into all public offenses committed or triable in the county or subdivision, and to present them to the court, either by presentment or indictment, or accusation in writing

§ 8011. Presentment defined. A presentment is an informal statement in writing by the grand jury, representing to the court that a public offense has been committed, which is triable in the county or subdivision, and that there is reasonable ground for believing that a particular individual, named or described. has committed it.

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