nizance, with sufficient surety, conditioned according to the form appended to this code.

SEC. 4. When any person is committed to jail for Amount of bail not entering into recognizance, as required by any to be specified law of this Territory, the amount of bail required in mittimus. shall be specified in the mittimus. Any justice of Discharge of the peace may discharge the prisoner upon his giv- prisoner on ing the bail required.

giving bail.

SEC. 5. The sheriff, in all such cases, upon the Duty of sheriff. application of the prisoner for that purpose, shall take him before some justice of the peace of the county, that he may enter into the required recognizance.

&c., to be filed

SEC. 6. A transcript of the proceedings of any jus- Transcript of tice of the peace, as provided for in this and the proceedings, succeeding chapter, together with the recognizance, in clerk's office. (if one be taken) shall, by such justice, be filed in the office of the clerk of the district court of the proper county, on or before the first day of the ensuing term

of said court. For a failure to do so, he shall be Failing to do liable to indictment, and may be fined in any sum so, liable to innot exceeding two hundred and fifty dollars.

dictment.

SEC. 7. The district court, at the term to which District court the proceedings of the justice of the peace shall be to investigate returned as above required, shall proceed to investi- the matter. gate the matter by hearing testimony, and may release the prisoner, discharge the recognizance, or require a new one for a time not exceeding one year.

CHAPTER II.

Preliminary proceedings when offences have been

committed.

Where offences

have been com

mitted.

SEC. 8. Whenever, by affidavit, it shall be rendered Affidavit, probable to a justice of the peace that an indictable offence has been committed within the county, he shall, by his warrant, forthwith cause the accused Warrant. person to be brought before him.

SEC. 9. The officer having the warrant, or any other Officer, &c., to person engaged in the pursuit, shall be thereby arrest the acauthorized to arrest the accused any where within cused. this Territory, and bring him forthwith before the magistrate who issued the warrant, or (if he cannot attend the examination) before some other justice of the same county.

SEC. 10. Such officer shall have the same powers, Powers of the in making the arrest in any other county, as in his officer in any

15

other county.

Search warrant

own, and may retain the prisoner in custody, and lodge him for the night in jail, in any county through which he may have to pass, on his return to his own county.

SEC. 11. When the affidavit shall state that propmay be issued. erty has been stolen or embezzled, and that affiant suspects such property is concealed in any particular house or place, the justice, if he think there is sufficient ground for such suspicion, shall issue his warNot to be exe- rant to search for such property. But such warrant shall not authorize the officer to make the search in the night time, unless positive proof has been given to the justice that the property is concealed in such house or place.

cuted in the night time.

Persons in pos- SEC. 12. If the property be found, the officer shall sessionofstolen bring the person, having it in possession, forthwith property to be before the justice who issued the warrant.

brought before

justice.

SEC. 13. Upon satisfactory proof of ownership, the Property to be justice shall direct any stolen property to be given up to the claimant thereof.

given up to

owner.

Accused person may be searched.

Statement of

SEC. 14. When, in any case, it shall be sufficiently shown that the prisoner has been in possession of counterfeit money or bank notes, or has stolen property capable of being concealed about his person, the justice, before whom he is brought, may direct the officer having him in custody to search the person of the accused.

SEC. 15. The prisoner shall be allowed to make prisoner not to his own statement, but not under oath. After which the witnesses on both sides, shall be sworn and examined.

be under oath.

Testimony may be reduced to writing.

Witnesses may

SEC. 16. The magistrate may direct any portion. of this statement or testimony to be reduced to writing, and signed by the person making the same, which shall be returned with the other proceedings as directed in the previous chapter.

SEC. 17. The magistrate may direct any of the be ordered to witnesses to be removed from court, during the examination of the prisoner, or of any other witness.

withdraw.

Recognizance of prisoner.

Of witnesses.

SEC. 18. If there appears sufficient grounds of suspicion of the prisoner's guilt, the magistrate shall (in bailable cases) require him to enter into recognizance, with sufficient surety, conditioned as prescribed in the form appended to this code.

SEC. 19. Any of the witnesses may be bound by recognizance to appear and testify in the proper court, and in case of homicide they may be required to find sureties in such recognizance.

SEC. 20. If the witness be an infant, or a married If the witness woman, some other person shall enter into the recog- be an infant, nizance for their appearance as aforesaid.

or married wo

man.

SEC. 21. If the offence be not bailable by a justice Commitment of the peace, and there are probable grounds to sus-of prisoner. pect guilt, the prisoner shall at once be committed.

But he may be afterwards bailed by a judge of the Judge of sup. supreme court.

court may bail.

CHAPTER III.

Of the Grand Jury.

Territory, Who shall be those who competent ju

SEC. 22. All qualified voters of the except persons of unsound mind, and have been convicted of a felony, shall be competent rors. jurors in their respective counties.

SEC. 23. The following persons shall be excused Persons excusfrom serving on juries, to wit: All officers appointed ed from serving by the President of the United States, and their on juries. deputies, officers of the court, and their deputies, county officers, ministers of the gospel, practising attorneys, physicians, surgeons, and teachers in colleges, academies, and schools.

liver list to

SEC. 24. The county commissioners of each organ-County Com. ized county shall, at least thirty days previous to to select grand any term of the district court for their county, make jurors, and deout and deliver to the clerk of the said court, a list clerk of dist. of twenty-three persons qualified to serve as grand court. jurors therein.

SEC. 25. The said clerk shall forthwith issue a Clerk to issue venire, and deliver it to the sheriff of the county, venire. commanding him to summon the persons so selected to appear in said court at eleven o'clock A. M. on the first day of the next term thereof, to serve as

sheriff.

grand jurors. This venire shall be served at least When return five days before the first day of the term, by giving to be made by personal notice to said jurors, or by leaving a written notice at their respective places of abode. The sheriff shall return said venire to the proper court, on the first day of the next term thereof, at its opening, and shall specify the manner in which each person was served.

SEC. 26. If a sufficient number of the regular pan- Deficiency in nel of grand jurors shall not appear at the proper the regular time, or if, from any cause, after being empanneled, pannel. the number shall be less than sixteen, the court may direct the sheriff to return without delay such num

Foreman to

ses.

ber as may be deemed requisite, who shall serve as such jurors.

SEC. 27. The court shall appoint one of the grand swear witnes- jury to be the foreman thereof, who shall have power to swear or affirm all witnesses to testify before said jury. Whenever an indictment is found, he shall endorse thereon "A true bill," and shall subscribe his name thereto as foreman.

16 jurors to constitute a

jury.

Names of wit

be endorsed on indictment.

SEC. 28. Sixteen grand jurors shall constitute a sufficient jury, and twelve of their number must concur in finding an indictment.

SEC. 29. The foreman shall endorse upon the nesses, &c., to indictment the names of the witnesses upon whose testimony the same was found, as well as the name of the private prosecutor, (when there has been one) who shall be liable for the costs in case the defendant is acquitted on the trial.

Fine for nonattendance as

SEC. 30. The court may impose a fine, not exceeding twenty dollars, for each day that any person, as grand juror. duly summoned as grand juror, shall fail to attend, but the court shall suspend such fine until the defaulting person shall be notified to appear, either forthwith, or at the next term, (as the court shall direct) and show cause why he should not be fined for his default. In such cases, the delinquent may purge the contempt by his own oath.

District attor

grand jury.

SEC. 31. The district attorney may attend the ney to attend grand jury at all times, except while they are expressing their opinions, or giving their votes, in relation to any matter before them, at which times no one but the jurors themselves shall be allowed to be pre

Compensation of jurors.

Proviso.

Grand jurors

ed to testify.

sent.

SEC. 32. The clerk of the district court, upon the application of any juror who served in said court, shall give him a certificate, stating the number of days of such juror's attendance, and the compensation due therefor, which amount shall be allowed by the county commissioners: Provided, that no juror shall receive pay from the county for any day's attendance, for which he may have been entitled to compensation, as a juror of the district court of the United States.

SEC. 33. Members of a grand jury may be required may be requir- by a court of justice to testify as to the evidence given by a witness before said jury, but in no case shall they be called on to reveal the votes or opinions of any member of such grand jury.

CHAPTER IV.

Of Indictments, and proceedings thereon.

records.

SEC. 34. Indictments found by a grand jury shall Indictments to be presented to the court in presence of said jury, be filed, & reshall be filed, and remain as public records, but such main as public as are found against any person for a felony, who is not in custody, shall not be open to the inspection of any person but the district attorney, until the defendant therein shall have been arrested, after which it shall be entered on the minutes of the court.

shall not be dis

SEC. 35. Any grand juror, or officer of the court, In what case who shall be convicted of disclosing the fact of an the fact of inindictment having been found against any person dictment found for a felony, not in actual confinement or arrest on closed by jursuch indictment, shall be punished by fine, not ex-ors, &c. ceeding one thousand dollars, or by imprisonment, Fine, &c. not exceeding six months, or by both such fine and imprisonment. Provided, such disclosure do not Proviso. necessarily take place in the discharge of some official duty.

SEC. 36. Judges shall give the preceding section Preceding secin charge to all grand juries.

SEC. 37. Indictments for murder may be found at any time after the death of the person killed, in all other cases of felony they must be found, if at all, within four years after the commission of the crime, for all offences less than felony, within two years thereafter, but the time, during which the defendant shall not have been usually a resident within the Territory, shall form no part of the said limitation.

tion to be given

in charge. Limitation of indictments.

SEC. 38. Where a person steals, or becomes the Where a perreceiver of stolen property, he may be indicted in son may be inany county where he stole, received, or was in pos- len property. session of any of the property stolen or received.

dicted for sto

sels.

SEC. 39. Where a person shall commit an offence For offences on within this Territory, on board of any vessel or float, board of veshe may be indicted for the same in any county through any part of which such vessel or float may have passed on that trip or voyage.

SEC. 40. Where an offence shall have been com- within a cermitted within five hundred yards of the boundary tain distance line of two counties, the offender may be indicted of county lines in either of such counties.