specifying for what court they were drawn, shall be made and certified by the clerk and the attending officers to the clerk of the court for which they were drawn.

Sec. 15. The clerk of the court shall, within one day after receiving the list so drawn, issue an order to the sheriff, deputy sheriff, or coroner, as the case may be, commanding him to summon the persons whose names are drawn to appear before the district court at or before the hour of eleven o'clock on the morning of the first day of the term, stating in the order, the day of the week and month, and the place of the sitting of the court, to serve as grand jurors, and a like order commanding the sheriff, deputy sheriff or coroner to summon the petit jurors.

Order issued to

sheriff.

served five days

SEC. 16. The sheriff, deputy sheriff or coroner, having Jurors to be received the order shall, at least five days before the first before term. day of the session of the court, serve upon each person whose name was selected and drawn as grand juror, a true copy of the command, except that the copy shall contain only the name of the grand juror served, and not the name of any other grand juror, and the sheriff, deputy sheriff or coroner, shall, at least five days before the first day of the session of the court, in like manner, summon each person whose name was selected and drawn as petit juror, and such service shall be made by reading or delivering the copy to the person to be summoned, or by leaving the copy at his residence.

appear at the

SEC. 17. Each grand juror and petit juror summoned, Each juror to shall appear before the court on the day, and at the hour time seified. specified in the summons, and shall not depart without leave

of court.

SEC. 18. The sheriff, deputy sheriff or coroner, having Return. received the order of service issued by the clerk, shall make return thereof with his proceedings to the clerk, before the session of the court.

SEC. 19. If any person summoned to appear as grand Failure to ap juror or petit juror, fails, refuses, or neglects to appear, such person shall be considered guilty of contempt of the court, and may be fined by the court in any sum not less than five

dollars nor more than fifty dollars, and if any person when a second order or attachment is issued, neglects or refuses to appear, such person may be fined as above provided, and imprisoned by the court not longer than ten days in the county jail, and if the county commissioners in any county neglect and fail to select and furnish to the clerk the names of persons as herein before provided, such person so offending may be fined by the court not less than five dollars nor more than fifty dollars, and if any clerk of the district court, or deputy clerk, or sheriff, deputy sheriff or coroner, neglect County commis or fail to perform the duties imposed by this act, the person so offending shall be considered guilty of contempt of court. and may be fined by the court, not less than five dollars nor more than fifty dollars, and if guilty of gross misconduct in office, and contempt, may be imprisoned by the court not longer than thirty days in the county jail.

Failure of

sioners to select.

Corrupt action of sheriff.

Panel not com.

plote.

No panol.

SEC. 20. If a sheriff or other officer corruptly or through favor, or ill-will, summon a juror with the intent that such juror shall find a verdict for or against either party, or shall summon a grand juror from like motive, with intent that such grand juror shall or shall not find an indictment or presentment against any particular individual, he shall be fined not exceeding five hundred dollars, and forfeit his office, and be forever disqualified from holding any office in this territory.

SEC. 21. Whenever at any general or special term of the district court, or at any period during such term for any cause, the panel of grand or petit jurors is not complete, the court may order the proper officer to summon without delay, good and lawful men from the body of the county, to complete the panel.

SEC. 22. When, for any cause, there is no panel of grand or petit jurors, the court may order the county clerk, or his deputy, together with the probate judge, or a justice of the peace, to furnish the clerk of the court with forty names, or if there is to be a panel of both grand and petit jurors, then sixty names of persons qualified as jurors, and the clerk of the court shall immediately write such names on separate slips of paper, and put the same

into a box, and after well mixing the same, he and the sheriff or coroner shall draw by chance the requisite number of names. If both grand and petit jurors are to be drawn, the first names drawn shall constitute the grand jury, the clerk shall thereupon issue to the sheriff or coroner, a venire for said jurors.

Formation of Juries in Civil Cases.

Jury how

SEC. 23. When the action is called for trial by jury, formed. the clerk shall prepare separate ballots containing the names of the jurors summoned, who have appeared and not been excused, and deposit them in a box. He shall then draw from the box twelve names, and the persons whose names are drawn, shall constitute the jury. If the ballots become. exhausted before the jury is complete, or if from any cause a juror or jurors be excused or discharged, the sheriff shall summon, under the direction of the court, from the citizens of the county, and not from the bystanders, so many qualified persons as may be necessary to complete the jury. The jury shall consist of twelve persons unless the parties may consent to any number not less than four. Such consent shall be entered by the clerk in the minutes of the trial.

Cath.

SEC. 24. As soon as the jury is completed, an oath or affirmation shall be administered to the jurors, in substance that they, each of them, will well and truly try the matter in issue between the plaintiff, and the defendant, and a true verdict render, according to the evidence. After the oath or affirmation has been administered and the jury has been fully impaneled, it shall be the duty of the court to order the jury into the custody of the sheriff, or other officer selected by the court, and the jurors shall not be allowed to separate or depart from the custody charge of jury of the sheriff, or other officer, until they have been duly discharged, unless by the consent of the parties to the action. It shall be the duty of the sheriff to prepare suitable and comfortable apartments, and prepare food for the jury pending the trial.

SEC. 25. Either party may challenge the jurors, but when there are several parties on either side, they shall join

Sheriff to have

Challenges.

Causes of chal

lenge..

Trial of chal. lengo.

in a challenge before it can be made, unless the court otherwise order or direct. The challenge shall be individual jurors, and shall either be peremptory or for cause. Each party shall be entitled to four peremptory challenges.

SEC. 26. Challenges for cause may be taken on one or more of the following grounds:

First, A want of any of the qualifications prescribed by statute to render a person competent as a juror.

Second, Consanguinity or affinity within the third degree to either party.

Third, Standing in the relation of debtor or creditor, guardian and ward, master and servant, employer and clerk, or principal and agent to either party, or being a member of the family of either party, or a partner united in business with either party, or being security on any bond or obligation for either party.

Fourth, Having served as a juror or been a witness in a previous trial between the same parties, for the same cause of action, or being then a witness therein.

Fifth, Interest on the part of the juror in the event of the action or in the main question involved in the action, except the interest of the juror as a member or citizen of a municipal corporation.

Sixth, Having formed or expressed an unqualified opinion or belief as to the merits of the action or the main question involved therein, provided that the reading of newspaper accounts of the subject matter before the court, shall not disqualify the juror either for bias or opinion.

Seventh, The existence of a state of mind in the juror evincing enmity against, or bias to either party.

SEC. 27. Challenge for cause shall be tried by the court. The juror challenged, and any of the persons may be examined as a witness on the trial of the challenge.

SEC. 28. This act to take effect, and be in force on and after the first day of January, one thousand eight hundred and seventy.

Approved 7th December, 1869.

GAME LAW.

CHAPTER 12.

AN ACT ENTITLED AN ACT FOR THE PROTECTION OF GAME AND FISH IN THE
TERRITORY OF WYOMING.

Be it enacted by the Council and House of Representatives

of the Territory of Wyoming:

lawful to sell elk,

SEC. 1. It shall be unlawful for any person or persons Time when unto offer for sale any elk, deer, antelope, mountain sheep, or young of their kind, between the first day of February, and the fifteenth day of August in each year.

Time when unlawful to kill

SEC. 2. It shail be unlawful for any person or persons to kill, trap, or ensnare, any pheasant, quail, prairie hen or quail, &c. prairie chicken, or sage hen, in this territory, from the first day of February until the fifteenth day of August in each and every year.

SEC. 3. It shall be unlawful for any person or persons to take, ensnare or trap trout in the waters and streams of this territory otherwise than by hook and line or such other mode by which fish can be singly obtained.

SEC. 4. Any person who shall violate any section or sections of this act, shall forfeit and pay the sum of fifty dollars, one fourth to go to the informer and the remainder to the public schools within the county where the offense was committed, to be recovered in any action of debt, in the name of the complainant and the people of Wyoming territory.

Manner of taking trout.

Forfeiture.

SEC. 5. Non-payment of the fine and penalty of this Non-payment. act shall subject the offender to sixty days imprisonment in