Page:1862-63 Territory of Dakota Session Laws.pdf/118

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.

Sec. 23. The following oath must immediately thereupon be administered to the other grand jurors present: The same oath which your foreman has now taken before you on his part, you, and cach of you, shall well and truly observe on your part, so help you God.

Sec. 24. If, after the foreman is sworn, any grand juror appear and be admitted as such, the oath as prescribed in section twenty-two must be administered to him, commencing: "you, as one of this grand jury," and so on to the end.

Sec. 25. The grand jury being impanneled and sworn, must be charged by the court; in doing so, the court must read to them such portions of this code, as more particularly appertain to their duties as grand jurors, and must give them such information as it may deem proper, as to the nature of their duties, and any charges for public offenses returned to the court, or likely to come before the grand jury, the court need not however charge them respecting the violation of a particular statute, unless made expressly its duty to do so by the provisions of such statute.

Sec. 26. The grand jury then must retire to a private room and inquire into the offenses cognizable by them.

Sec. 27. The grand jury must appoint one of their number as clerk, who must preserve the minutes of their proceedings, except of the votes of the individual members on a presentment or indictment, and of the evidence given before them.

Sec. 28. The grand jury on the completion of the business before them, must be discharged by the court, but whether the business be completed or not, they are discharged by the final adjournment of the court.

Sec. 29. The grand jury has power and it is their duty to inquire into all public offenses committed or triable in the county, and to present them to the court, either by presentment or indictment, as provided in the next two sections.