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 a 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. tion to be given in charge. Limitation of indictments. 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. 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. On the proper ers. SEC. 41. Where an offence shall be committed ty of joint own upon, or in relation to, the property of several joint owners, the indictment for such offence shall be sufficient if it allege such property to belong to any one or more of such owners, without naming them all. Crime commit and consum SEC. 42. Where a criminal act has been committed ted in one co. in one county, and the crime consummated in another, (as where the mortal blow was given in one county, and the death took place in another) the offender may be indicted in either county. mated in an other. Offence indict SEC. 43. Whenever by law an offence is indictable able to a par- in any particular county, it may be charged in the indictment to have been committed within that county. ticular co. Accessaries. When they SEC. 44. Accessaries before the fact shall be deemed principals, and may be charged in the indictment with having committed the principal offence. The indictment of such accessary may be found, either in the county where his own crime was perpetrated, or in that where the principal offence was committed. SEC. 45. Accessaries may be tried and punished, may be tried. although the principal has not been arrested or tried, and although he may have been pardoned, or otherwise discharged. Charges and in an indictment. SEC. 46. The body of an indictment shall be conspecifications sidered as made up of charges and specifications, and no indictment shall be quashed if an indictable offence is clearly charged therein, nor shall any motion be entertained with a view to arrest, reverse, or set aside any judgment on account of a defect in the indictment, if the charge, upon which the offender was tried, be so explicitly set forth, that judgment can be rendered thereon. When mis takes or omissions may be amended. What need not be stated. What evidence necessary. Clerical errors amendable. SEC. 47. All mistakes or omissions in the commencement, or in the formal parts of an indictment, may be amended, on motion of either party, at any time before the rendition of judgment. SEC. 48. Nothing need be stated in the body of an indictment, which is not required to be proved upon the trial in support of the charge. SEC. 49. The same evidence, governed by the same rules, shall be necessary to sustain the charges in an indictment, as has heretofore been required, except so far as herein otherwise provided. SEC. 50. All clerical mistakes, in an indictment, shall be amendable at the discretion of the court. turnable. SEC. 51. A capias, for the arrest of any person Capias, when indicted, may be issued by the court, returnable it may be reeither forthwith, or at the next term of the court. Amount of bail In the latter case, the judge shall, in bailable cases, to be endorsed. direct the amount in which the defendant shall be held to bail, which shall be endorsed upon the capias. In cases of felonies, this shall not be done in open court. rected. SEC. 52. Such capias may be directed to the sheriff To whom capiand constables of any county in the Territory, whose as may be diduty it shall be to arrest the defendant. They may pursue him into any part of the Territory, and, having arrested him, may exercise all power necessary to secure the prisoner, and return him to the proper county. er may be released by entering into re cognizance. SEC. 53. In bailable cases, when the capias is When prisonreturnable to the next term of the court, the prisoner may at any time be released upon entering into a recognizance, with good security, in the amount endorsed upon the capias, conditioned as prescribed in the form appended to this code. The officer making the arrest, the sheriff, or any justice of the peace of the county where the indictment was found, may take such recognizance, and shall file the same To be filed in the office of the clerk of said county, before the in clerk's ofnext ensuing term of the district court to be held fice. therein, and for default in so doing, shall be deemed guilty of a contempt of court. SEC. 54. The court, where the indictment was Court may take found, shall have power to take the recognizance recognizance. of the prisoner, with sureties for his appearance from day to day, or for his appearance at the next ensuing term of said court. person indict Where subpœnas may be whom. SEC. 55. Upon the application of any person, Subpoenas on indicted, the clerk of the court shall, without fee, the part of the issue the necessary subpoenas for his witnesses. ed. SEC. 56. Subpoenas for witnesses, on the trial of any indictable offence, may be served in any part of the Territory, by a sheriff or constable of any county served, and by therein. SEC. 57. Any officer in whose hands a capias or Officer failing subpoena, issued as above prescribed, shall be placed, to make retur who shall fail to make due return to the court from of process. whence such process issued, and any witness who Witness failshall fail to obey such subpoena, shall, unless good ing to obey excuse be rendered, be deemed guilty of a contempt of court, and may be fined in any sum, not exceed- Fine. ing two hundred and fifty dollars. subpoena. Dilatory pleas. Defendant's a commission SEC. 58. All dilatory pleas to an indictment must be verified by affidavit. SEC. 59. After an issue in fact is found on an rights touching indictment, the defendant, at the discretion of the court, shall be entitled to the same right of issuing a commission to take testimony out of the Territory, or of taking depositions conditionally, as is provided for parties in civil cases. for testimony. Court may di of venue. CHAPTER V. Of the trial, and its incidents. SEC. 60. All issues of fact, joined upon any indictrect a change ment, shall be tried by a jury of the courts where such was found, provided, however, that the court may, for good cause shown, direct a change of venue to some other county. Trial, drawn as in Challenge of jurors. Same right of challenge to SEC. 61. Such trial shall be had before the jury returned to serve in civil cases. If the defendant, or district attorney, shall require it, the whole number of twenty-four jurors, either of the regular pannel or talesman, shall be present in the jury box, twelve of whom shall then be drawn as in civil cases. SEC. 62. The defendant, on his trial, if indicted for a capital crime, may challenge peremptorily twelve jurors, and no more; if indicted for any other felony, he shall challenge only six,in the same manner; and if for an offence less than felony, only two. In each case, the district attorney shall have the right to challenge peremptorily one half as many as the defendant is entitled to. SEC. 63. In all criminal cases, either party shall have the same right of challenge, for cause shown, the array, &c., either to the array, or to individual jurors, as is permitted in civil cases. as in civil cases. The prisoner SEC. 64. The court shall assign counsel to defend to have coun- the prisoner, in case he cannot procure counsel himself. sel. Persons not to be tried for felony unless personally pre sent. Accused to have copy of SEC. 65. Persons indicted for felony shall not be tried, unless personally present at the trial. For other offences they may be tried, if present either personally, or by attorney duly authorized for that purpose: he must be present when the sentence is pronounced, however, in all cases where imprisonment may form a part of the punishment. SEC. 66. Any person indicted for a capital crime shall, if he require it, be furnished with a copy of |