sign and deliver to the sheriff, or some constable of the county, a warrant for the commitment of such defendant to the jail of the county, unless he shall immediately enter into a recognizance, with sufficient sureties, according to the original recognizance, which recognizance said judge shall take and approve, and return to the clerk of the court to which the defendant was originally recognized, to be proceeded on, the same as if it had been taken in term time. SEC. 56. All recognizances taken during vacation by Recognizances any justice or other officer authorized to take them, shall be signed and sealed by the parties, and certified to by the officer taking the same.

taken in vacation

Default and

SEC. 57. When any person under recognizance in any forfeiture. criminal prosecution, either to appear in answer or testify in any court, shall fail to perform the condition of such recog nizance his default shall be recorded, and the recognizance forfeited in open court.

penalty.

SEC. 58. Whenever such recognizance shall have been Prosecution for forfeited, as aforesaid, it shall be the duty of the prosecuting attorney of the county in which the recognizance was taken, to prosecute the same by civil action for the penalty thereof; and such action shall be governed by the provisions of the code of civil procedure, so far as the same may be applicable.

SEC. 59. The court in which the action for the penalty of any forfeited recognizance is brought, may remit or reduce any part or the whole of such penalty, and may render judgment thereon according to the circumstances of the case, and the situation of the party, and upon such terms and conditions as to such court shall seem just and reasonable.

ted.

Penity remit

Acensed arrested after ren

ment.

SEC. 60. Whenever any judgment shall have been rendered against the defendants for the whole or any part of the dition of judg penalty of a forfeited recognizance, as aforesaid, the court rendering said judgment shall have power to remit or reduce the amount thereof, when it shall be made to appear that after the rendition thereof, the accused had been arrested and surrendered to the proper court to be tried on such charge.

SEC. 61. No action brought on any recognizance shall

Action not tarred or de

feated.

Two lists.

Number of

jurors.

Oath of fore. man.

be barred or defeated, nor shall judgment thereon be reversed by reason of any neglect or omission to note or record the default, nor by reason of any defect in the form of the recognizance, if it sufficiently appear from the tenor thereof, at what court the party or witness was bound to appear, and that the court or officer before whom it was taken was authorized by law to require and take such recognizance.

TITLE VI.

Of the Grand Jury and its Proceedings.

SEC. 62. Before the first day of each term of a court at which a grand jury shall be summoned to appear, the clerk of such court shall make out two lists, on which he shall enter the names of all the persons who appear by the returns of the justice to have been either committed or bailed for an offense during the vacation of such court, the name of the justice who committed or bailed, and distinguishing whether such person was committed or bailed; one of these lists shall be delivered by the judge to the foreman of the grand jury, and the other, together with all the transcripts and other documents returned by the justices, shall be delivered to the prosecuting attorney.

SEC. 63. When the grand jury shall be impanelled, the court shall appoint one of the number foreman; such jury shall consist of not more than sixteen nor less than twelve members.

SEC. 64. When the foreman shall be appointed, an oath or affirmation shall be administered to him in the following words:

"You, as foreman of this grand inquest, do solemnly swear (or affirm) that you will diligently inquire and true presentment make of all such matters and things as shall be given you in charge, or otherwise come to your knowledge touching the present service. The counsel of the territory, your own and your fellows you shall keep secret, unless called on in a court of justice to make disclosures. You shall present no person through malice, hatred or ill will, nor

shall you leave any person unpresented through fear, favor or affection, or for any reward or hope thereof; but in all your presentments you shall present the truth, the whole truth and nothing but the truth, according to the best of your skill and understanding."

SEC. 65. Thereupon, the following oath (or affirmation) Oath of jurors. shall be administered to the other grand jurors:

"The same oath which A. B., your foreman, hath now taken before you on his part, you and each of you shall well and truly observe and keep on your respective parts.

Charge of

SEC. 66. The grand jury, after being sworn, shall be charged as to their duty by the judge, who shall call their judge. attention particularly to the obligation of secresy which their oaths impose, and to such offenses as he is by law. required to specially charge. After the charge of the court the grand jury shall retire with the officer apppointed to attend to them, and shall proceed to inquire of and present all offenses whatever, committed within the limits of the county, in and for which they were impanelled and sworn or affirmed.

attorney may

grand jury.

SEC. 67. The prosecuting attorney, or the assistant Prosecuting prosecuting attorney, shall be allowed at all times to appear appear before before the grand jury for the purpose of giving information relative to any matter cognizable by them, or giving them advice upon any legal matter when they may require it, and he may be permitted to interrogate witnesses before. them when they or he shall deem it necessary; but no such attorney, nor any other person, shall be permitted to be present during the expression of their views or the giving of their votes on any matter before them.

SEC. 68. Whenever required by the grand jury, or the Subpoenas, prosecuting attorney, the clerk of the court in which such jury is impanelled, shall issue subpoenas and other process

to bring witnesses to testify before such grand jury.

noss.

SEC. 69. Before any witnesses shall be examined by Oath to witthe grand jury, an oath or affirmation shall be administered

to him by the foreman.

SEC. 70. If any witness appearing before a grand

jury shall refuse to answer any interrogatories during the course of his examination, the fact shall be communicated to the court in writing, in which the question refused to be answered shall be stated, together with the excuse for the refusal, if any be given by the person interrogated; and the court shall thereupon determine whether the witness is bound to answer or not, and the grand jury shall be immediately informed of the decision.

SEC 71. If the court determine that the witness is bound to answer, and he persists in his refusal, he shall be brought before the court, who shall proceed in the same manner as if the witness had been interrogated and refused to auswer in open court.

SEC. 72. In case of the sickness, death, discharge or non-attendance of any grand juror, after the grand jury shall be affirmed or sworn, it shall be lawful for the court, at their discretion, to cause another to be sworn or affirmed in his stead.

SEC. 73. After the discharge of the grand jury, it shall be lawful for the court when it shall be deemed necessary, to order the sheriff to call together a new grand jury from the bystanders or neighboring citizens of sixteen good and lawful men, having the qualifications of grand jurors, who shall be returned and sworn or affirmed, and shall proceed in the same manner in all respects as provided by law in respect to grand juries.

SEC. 74. No grand juror or officer of the court shall disclose that an indictment has been found against any person not in custody or under bail, except by the issuing of process until the indictment is filed and the case docketed.

SEC. 75. No grand juror shall be allowed to state or testify in any court in what manner he or other members of the grand jury voted on any question before them, or what opinion was expressed by any juror in relation to such question.

SEC. 76. At least twelve of the concur in the finding of an indictment.

grand jurors must When so found the

foreman shall indorse on such indictment the words "A True Bill," and subscribe his name thereto as foreman. Twelve jurors shall be competent to act, and if but twelve, all must concur in finding a bill of indictment, and the prosecuting attorney shall sign the bill.

Prosteuting

SEC. 77. No indictment for any misdemeanor shall be found a true bill by any grand jury, unless the name of the witnes prosecuting witness shall be indorsed thereon, except such bill be found upon testimony sworn and sent to the grand jury by order of the court, at the request of the prosecuting attorney or of the grand jury, in which case the fact that the bill was so found, shall be indorsed on the bill, instead of the name of the prosecutor.

Prosecuting

SEC. 78. In all cases where the name of the prosecuting witness liable. witness is indorsed on the bill, and the same is found a true bill by the grand jury, and upon trial the defendant is acquitted, the prosecuting witness shall be liable for costs, if it shall appear that the prosecution was malicious or without justifiable cause.

SEC. 79. The grand jury shall, once at each term of Visit to jall. the court at which they may be in attendance, visit the county jail, examine its state and condition, and inquire into the discipline and treatment of the prisoners, their habits, diet and accommodations; and it shall be their duty to report to said court, in writing. [if] the regulations of the county jails have been violated, pointing out particularly in what said violation, if any, consists.

presented by

SEC. 80. Indictments found by a grand jury shall be Indictments presented by their foreman to the court in the presence of foreman. the jury, and shall be filed with the clerk, who shall indorse thereon the day of their filing, and shall enter each case upon the appearance docket, and also upon the trial docket of the term, as soon as the parties indicted have been arrested.

SEC. 81. Any person held in jail, charged with an indictable offense, shall be discharged if he be not indicted at the term of the court at which he is held to answer, unless it shall appear to the satisfaction of the court that the

Person in ja discharged, who