JUDICIAL DISTRICTS. CHAPTER XVII. AN ACT CONSTITUTING THE COUNTIES OF LARAMIE AND CARTER A PART OF THE SECOND JUDICIAL DISTRICT, AND PROVIDING FOR Be it enacted by the Legislative Assembly of the Territory of Dakota: Carter made a Section 1. That all that portion of the Territory of Dakota known Laramie and and designated as the counties of Laramie and Carter, be, and the part of the sesame is hereby attached to, and made a part of the second judicial trict district. now condjudicial dis Additional terms in Sec. 2. That in addition to the terms of court in said district provided by law, there shall be annually held at the county seat of Laramie county said county of Laramie, at least one general term of said court; said term shall commence on the first Monday of March, in each year. Sec. 3. That in addition to said term as above provided, the judge General terms of said court may in his discretion, if he shall deem the public interests require it, hold another general term of said court in said county of Laramie, annually, at the county seat thereof, at such time as he may appoint. in Carter cousi Sec. 4. The judge of said court may also in his discretion if he Additional terms shall deem the public interests require it, also hold annually, a gens eral term of said court at the county seat of said county of Carter, and may appoint the time for the holding thereof. notice of addi Sec. 5. The judge of said court, if he shall appoint additional Judge to give terms of said court, as provided for in this act, shall give notice tional term thereof, by publication for at least three weeks in a newspaper published in the county in which the court is appointed, if there be one published in such county, if not, by publication in a newspaper published in this Territory nearest to the county seat, the first of which publications shall be at least sixty days before the first day of said term. Judge to apoint a clerk County commissioners to levy tax for the expense of said court Per diem of judge Transmission of cases pending in Sec. 6. The judge of said court is hereby authorized to appoint a clerk of said court within and for each of said counties of Laramie and Carter. Sec. 7. The county commissioners of each of said counties of Laramie and Carter, are hereby authorized and required, to levy and cause to be collected a tax upon the taxable property of their respective counties sufficient to pay the expenses of the courts herein provided for, which expenses, including the per diem of the judge, attorney, marshal, jurymen and all other expenses, shall be certified by the judge of said court, and shall be paid by the treasurer of the said counties respectively, upon such certificate, Sec. 8. There shall be allowed and paid by the treasurer of the said counties respectively, out of the money collected as above provided, to the judge holding said additional terms, the sum of ten dollars per day for each and every day necessarily occupied in holding said courts. Sec. 9. All cases that are now pending, or that shall before the Zankton county first day of the term herein appointed for Laramie county, be pen ding in the said second judicial district court within and for the county of Yankton, the defendants in which are charged with the commission of crimes within the limits of what is at present the counties of Laramie and Carter, shall be transferred to the district court within and for the county of Laramie, and shall be there dis posed of, and the clerk of said court in Yankton county shall certi fy to the clerk of said court in Laramie county, all the proceedings that may have been had, in each of said cases, in said court, and transmit the same with all the papers in the case, to the said clerk without delay, Construction of Sec. 10. Nothing in this act contained shall be construed to in this act When to take effect terfere in any manner with the courts now provided by law to be holden within and for the county of Yankton. Sec. 11. This act shall take effect and be in force from and after its passage and approval. Approved, January 10, 1868. JURORS. CHAPTER XVIII. AN ACT RELATING TO THE CHALLENGING OF JURORS IN CIVIL Be it enacted by the Legislative Assembly of the Territory of Dakota: challenge Section 1. It shall be sufficient cause for challenge to a jur- Canse of or that he is interested in another suit begun or contemplated, involving the same or similar matter. jurors Sec. 2. The number of jurors to try a civil action shall not Number of exceed twelve nor less than eight. The parties may determine the number of persons by agreement, and in case of disagreement the number shall be twelve; Provided, That in no case shall the jury consist of less than eight jurors. challenges in Sec. 3. In all civil cases where the jury consists of eight or Number of more persons, each party shall have three peremptory chal- civil cause lenges. oath Sec. 4. Before the commencement of the trial an oath must Jurors to take be administered to each juror, that he will well and truly try the matter in issue between the parties, and a true verdict give according to law and evidence. Sec. 5. In all criminal cases the defendant is entitled to the Number of following challenges: For capital offences, the defendant may challenge perempto- rily, twenty jurors. In prosecution for offences punishable by imprisonment in the Territorial prison, ten jurors. In other prosecutions, three jurors. Where several defendants are tried together they must join in their challenges. * challenge in criminal cases Number of challenges of attorney Sec. 6. The prosecuting attorney in capital cases may challenge peremptorily six jurors: in other cases, three jurors. Conflicting acts Sec. 7. All acts and parts of acts in conflict with the pro repealed When to take effect M visions of this act are hereby repealed. Sec. 8. This act shall take effect and be in force from and after its passage and approval. Approved, December 21, 1868. CHAPTER XIX. AN ACT RESPECTING GRAND AND PETIT JURORS OF THE DISTRICT COURTS. Who compe tent to serve on juries Selecting jurors Be it enacted by the Legislative Assembly of the Territory of Dakota: Section 1. All male citizens residing in any of the counties of this Territory, having the qualifications of electors, and being over the age of twenty one years, and of sound mind and discretion, and not judges of the supreme court or district courts, clerks of the supreme or district courts, sheriffs, coroners, licensed attorneys or jailors, or subject to any bodily infirmity amounting to a disability, and who have not been convicted of a criminal offense punishable by imprisonment in the penitentiary, and not subject to disability for the commission of any offense, which by special provision of law does or shall disqualify them, are and shall be competent persons to serve on all grand and petit juries within their counties respectively; Provided, That persons over sixty years of age, ministers of the gospel, probate judges, county commissioners, registers of deeds, practicing physicians, postmasters and carriers of the United States mail, shall not be compelled to serve as jurors. Sec. 2. In each of the counties of this Territory wherein a district court is appointed or directed to be holden, the county commissioners of the county shall at least fifteen days before the first day of the session of the court, meet together, or a majority may meet, and select sixty persons possessing the qualifications prescribed in section one, and as many as may be a proportionate number, from each precinct in the county, and shall within five days thereafte: furnish to the district clerk of the county, or his deputy, a list of the names of the jurors selected. jurors Sec. 3. No jury shall be summoned except by order of the judge summoning of the district court, who shall issue an order to the clerk of said court that a jury shall be summoned, and in such order shall specif the number of petit jurors that shall be summoned, and the time an place where they shall appear. be issued Sec. 4. The order mentioned in the preceding section of this when order to act, may be issued at any time within ten days before the first day of the term of the district court, or at any time during the term of sai court. Sec. 5. A grand jury shall be summoned in the same manner Manner of provided for summoning petit juries; Provided, That in all cases a grand jury shall consist of sixteer jurors. summoning a grand jury Sec. 6. Whenever an order shall be issued by the judge of any List of jurors to district court of the Territory, ordering a jury to be summoned for be preserved a term of the district court, the clerk or deputy clerk receiving the names from the county commissioners as provided by section two of this act, shall write the name of each person selected on 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.. Sec. 7. The clerk of the district court, or his deputy, and the Drawing by lot sheriff, or, if there is no sheriff, the deputy sheriff, or, if there is no sheriff or deputy sheriff the coroner of the county shall immediately 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 sixteen jurors first drawn 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. Sheriff to Sec. 8. The clerk shall on the day of the drawing before men- Clerk to direct tioned, issue an order to the sheriff, deputy sheriff or coroner, as the summon jury case may be, commanding him to summon the persons whose names are drawn, to appear before the district court at the hour, day and place as directed by the order of the district judge to appear as grand jurors if a grand jury is ordered, a like order commanding the sheriff, deputy sheriff or coroner, to summon the petit jurors. |