entered upon the minutes of the court by the clerk, and the mention of the arraignment and such plea shall constitute the issue between the people of the state and the prisoner; and if the clerk neglects to insert in the minutes the said arraignment and plea, it may and shall be done at any time by order of the court, and then the error or defect shall be cured.

§ 4. Plea of Guilty Explained.-In cases where the party pleads "guilty," such plea shall not be entered until the court shall have fully explained to the accused the consequences of entering such plea; after which, if the party persist in pleading "guilty," such plea shall be received and recorded, and the court shall proceed to render judgment and execution thereon as if he had been found guilty by a jury. In all cases where the court possesses any discretion as to the extent of the punishment, it shall be the duty of the court to examine witnesses as to the aggravation and mitigation of the offense.

§ 5. Standing Mute.- In all cases where the party on being arraigned obstinately stands mute, or refuses to plead, the court shall order the plea of "not guilty" to be entered on the minutes, and the trial, judgment and execution shall proceed in the same manner as it would have done if the party had pleaded "not guilty."

§ 6. Disqualifications Removed. No person shall be disqualified as a witness in any criminal case or proceeding by reason of his interest in the event of the same, as a party or otherwise, or by reason of his having been convicted of any crime; but such interest or conviction may be shown for the purpose of affecting his credibility: Provided, however, that a defendant in any criminal case or proceeding shall only at his own request be deemed a competent witness, and his neglect to testify shall not create any presumption against him, nor shall the court permit any reference or comment to be made to or upon such neglect.

§ 7. Subpoenas.-It shall be the duty of the clerk of the court to issue subpoenas, either on the part of the people or of the accused, directed to the sheriff, coroner, or any constable of any county of this state. And every witness who shall be duly subpoenaed, and shall neglect or refuse to attend any court, pursuant to the requisitions of such subpoena, shall be proceeded against and punished for contempt of the court. And attachments against witnesses who live in a different county from that where such subpoena is returnable, may be served in the same manner as capiases are directed to be served, out of the county from which they issue.

§ 8. Mode of Procedure.-All trials for criminal offenses shall be conducted according to the course of the common law, except when this act points out a different mode, and the rules of evidence of the common law shall also be binding upon all courts and juries in criminal cases except as otherwise provided by law.

§ 9. Certain Privileges Abolished. The benefit of clergy, appeals of felony, and trials by battle are forever abolished.

§ 10. Trial de Mediatate Lingua.-In no case shall the right to a trial by jury de mediatate lingua be allowed in criminal prosecutions.

§ 11. Jurors Judges of Law and Fact.-Juries in all criminal cases shall be judges of the law and the fact.

§ 12. Challenges.- Every person arraigned for any crime punishable with death or imprisonment in the penitentiary for life shall be admitted on his trial to a peremptory challenge of twenty jurors, and no more; and every person arraigned for any offense that may be punished by imprisonment for a term exceeding eighteen months, shall be admitted to a peremptory challenge of ten jurors; and in all other criminal trials, the defendant shall be allowed a peremptory challenge of six jurors. The attorney prosecuting on behalf of the people shall be admitted to a peremptory challenge of the same number of jurors that the accused is entitled to.

§ 13. Challenges in Trial for Murder. In trials for murder it shall be a cause for challenge of any juror who shall, on being examined, state that he has conscientious scruples against capital punishment, or that he is opposed to the same.

§ 14. Prolongation of Session.- The court in which a trial for a criminal offense is pending may continue in session until the verdict is rendered and judgment entered, notwithstanding the judge may be required by law to hold court in another county before the conclusion of such trial.

§ 15. Officer Sworn to Attend Jury.-When the jury retire to consider of their verdict in any criminal case, a constable or other officer shall be sworn or affirmed to attend the jury to some private and convenient place, and to the best of his ability keep them together without meat or drink (water excepted), unless by leave of the court, until they shall have agreed upon their verdict, nor suffer others to speak to them, and that when they shall have agreed on their verdict, he will return them into court: Provided, in cases of misdemeanor only, if the prosecutor for the people and the person on trial, by himself or counsel, shall agree, which agreement shall be entered upon the minutes of the court, to dispense with the attendance of an officer upon the jury, or that the jury, when they have agreed upon their verdict, may write and seal the same, and after delivering the same to the clerk, may separate, it shall be lawful for the court to carry into effect any such agreement, and receive any such verdict so delivered to the clerk as the lawful verdict of such jury.

§ 16. Penalty. If any officer sworn to attend upon a jury shall knowingly violate his oath or affirmation, or shall so negligently perform his duties that the jury shall separate without leave of the court, or obtain food or drink (except water), or if any person not belonging to the jury shall hold conversation with any of the jury, every person and officer so offending shall be punished for a contempt of the court by fine or imprisonment, or both, in the discretion of the court.

§ 17. Exceptions.- Exceptions may be taken in criminal cases, and bills

of exceptions shall be signed and sealed by the judge, and entered of record, and error may be assigned thereon by the defendant, the same as in civil cases: Provided, that in no criminal case shall the people be allowed an appeal, writ of error or new trial.

§ 18. Discharged for Want of Prosecution.-Any person committed for a criminal or supposed criminal matter, and not admitted to bail and not tried at or before the second term of the court having jurisdiction of the offense, shall be set at liberty by the court, unless the delay shall happen on the application of the prisoner. If such court, at the second term, shall be satisfied that due exertions have been made to procure the evidence for and on behalf of the people, and that there are reasonable grounds to believe that such evidence may be procured at the third term, it shall have power to continue such case till the third term. If any such prisoner shall have been admitted to bail for a crime other than a capital offense, the court may continue the trial of said cause to a third term, if it shall appear by oath or affirmation that the witnesses for the people of the state are absent, such witnesses being mentioned by name, and the court shown wherein their testimony is material.

DIVISION XIV.

JUDGMENT AND EXECUTION THEREOF.

SECTION 1. Death Penalty-Manner of inflicting.-The manner of inflicting the punishment of death shall be by hanging the person convicted by the neck until dead, at such time as the court shall direct, not less than fifteen nor more than twenty-five days from the time sentence is pronounced: Provided, the day set shall not occur before the tenth day of the term of the supreme court occurring (in either of the grand divisions) next after the pronouncing of the judgment, and, Provided, that for good cause the court or governor may prolong the time. At the expiration of the time so prolonged, the judgment shall be executed the same as if that were the time fixed by the judgment for the execution thereof.

2. Place of Inflicting.-Whenever any person shall be condemned to suffer death by hanging, for any crime of which such person shall have been convicted in any court of this state, such punishment shall be inflicted within the walls of the prison of the county in which such conviction shall have taken place, or within a yard or inclosure adjoining such prison.

§ 3. Duty of Sheriff at Execution. It shall be the duty of the sheriff, or the deputy sheriff of the county, to be present at such execution, and, by at least three days' previous notice, to invite the presence of the judges, prosecuting attorney, and clerks of the courts of said county, together with two physicians and twelve reputable citizens, to be selected by said sheriff or his deputy. And the said sheriff or deputy shall, at the request of the crim

Div. XIV. Punishment determined by Court or Jury.

inal, permit such ministers of the gospel, not exceeding three, as said criminal shall name, and any of the immediate relatives of said criminal, to be present at such execution; and also such officers of the prison, deputies and constables as shall by him be deemed expedient to have present; but no other persons than those herein mentioned shall be permitted to be present at such execution; nor shall any person, not a relative of the criminal, under the age of twenty-one years, be allowed to witness the same.

§ 4. Certificate of Execution.-The sheriff or his deputy, or the judges attending such execution, shall prepare and sign, officially, a certificate, setting forth the time and place thereof, and that such criminal was then and there executed, in conformity to the sentence of the court and the provisions of this act; and shall procure to said certificate the signatures of the other public officers and persons, not relatives of the criminal, who witnessed such execution; which certificate shall be filed with the clerk of the court where the conviction of such criminal was had.

§ 5. Disposition of Body.- The court may order, on the application of any respectable surgeon or surgeons, that the body of the convict shall, after death, be delivered to such surgeon or surgeons for dissection, unless the same be objected to by some relative of the convict.

§ 6. Penalties Determined by Jury-Penitentiary. In all cases where the punishment shall be confinement in the penitentiary, if the case is tried by a jury, the jury shall say in their verdict for what time the offender shall be confined, and the court, in pronouncing sentence, shall designate what portion of time the offender shall be confined to solitary imprisonment, and what portion to hard labor.

§ 7. Fines Fixed by Jury.-When a fine is also to be inflicted, the jury shall fix the amount of the fine. When either fine or imprisonment in the penitentiary may be inflicted, the jury shall determine which, and the time of confinement or the amount of the fine.

8. Penalties to be Fixed by the Court.-When the punishment may be either by imprisonment in the penitentiary, or by confinement in the county jail, with or without fine, if the jury will not inflict the punishment of imprisonment in the penitentiary, they shall simply find the accused guilty, and the court shall fix the time of confinement in the jail, or fine, or both, as the case may require.

§ 9. In Other Cases, by the Court.-When the accused pleads guilty, and in all other cases not otherwise provided for, the court shall fix the time of confinement, or the amount of the fine, or both, as the case may require.

§ 10. Workhouse.- Any person convicted in a court of this state, having jurisdiction of any crime or misdemeanor, the punishment of which is confinement in the county jail, may be sentenced by the court in which such conviction is had, to labor for the benefit of the county, during the term of such imprisonment, in the workhouse, house of correction or other place provided for that purpose by the county or city authorities. Nothing con

Div. XIV. Offenders, under Age.

Costs.

Judgment, a Lien.

tained in this act shall be construed to prevent the imprisonment of any convict in the Reform School at Pontiac, as provided by law.

§ 11. Punishment of Offenders Under Eighteen.- Persons under the age of eighteen years shall not be punished by imprisonment in the penitentiary for any offense except murder, manslaughter, rape, robbery, burglary or arson; in all other cases where a penitentiary punishment is or shall be provided, such person under the age of eighteen years and over the age of sixteen years, shall be punished by confinement in the county jail for a term not exceeding eighteen months, at the discretion of the court.

§ 12. Convicts under Control of County Board.- Nothing contained in this act shall prevent the county board taking such control of convicts committed to the county jail, and their transfer to work-houses, houses of correction or other places of employment, as is provided by law: Provided, that no such transfer shall be made of any convict without the order of the court in which he was convicted, if in session, or of the judge thereof in vacation, and in all cases a report of such transfer shall be made to the court, as soon as may be after the transfer, and entered of record.

§ 13. Judgment for Costs.-When any person is convicted of an offense under any statute, or at common law, the court shall give judgment that the offender pay the costs of the prosecution.

§ 14. Commitment to Enforce Payment of Costs and Fines.-When a fine is inflicted, the court may order, as a part of the judgment, that the offender be committed to jail, there to remain until the fine and costs are fully paid or he is discharged according to law.

§ 15. Judgment a Lien on Property, Real and Personal.— The property, real and personal, of every person who shall be convicted of any offense, shall be bound, and a lien is hereby created on the property, both real and personal, of every such offender, not exempt from execution or attachment, from the time of finding the indictment, at least so far as will be sufficient. to pay the fine and costs of prosecution. The clerk of the court in which the conviction is had, shall, at the end of the term, issue an execution for every fine that shall have been imposed during the term, and remains unpaid, and all costs of conviction remaining unpaid; in which execution shall be stated the day on which the arrest was made, or indictment found, as the case may be. The execution may be directed to the proper officer of any county in this state. The officer to whom such execution is delivered shall levy the same upon all the estate, real and personal, of the defendant (not exempt from execution), possessed by him on the day of the arrest, or finding the indictment, as stated in the execution, and any such property subsequently acquired, and the property so levied upon shall be advertised and sold in the same manner as in civil cases, with the like rights to all parties that may be interested therein. It shall be no objection to the selling of any property under such execution, that the body of the defendant is in custody for the fine or costs, or both.