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county, in which the defendant was examined, and shall, in all cases file his original notes with said clerk. The reporter shall receive no compensation for any services rendered by him as such reporter in any court of this state until the provisions of this section have been, by him, complied with, and shall, before receiving any compensation as such reporter, file with the auditor of the county his affidavit setting forth that said transcriptions, herein provided for, have been filed as herein required.
Sixth-The defendant, upon his arraignment in the superior court, shall be furnished, without cost to him, a copy of said transcription of the testimony and proceedings before the magistrate if shorthand notes thereof were taken by a reporter as provided in this section.
Seventh-The reporter's compensation shall be fixed by the magistrate before whom the examination is had, and shall not exceed that now allowed reporters in the superior courts of this state, and shall be paid out of the treasury of the county, or the city and county in which the examination is had, on the certificate and order of the said magistrate. 1919—465.
870. The magistrate or his clerk must keep the depositions taken on the information or the examination, until they are returned to the proper court; and must not permit them to be examined or copied by any person except a judge of a court having jurisdiction of the offense, or authorized to issue writs of habeas corpus, the attorney general, district attorney, or other prosecuting attorney, and the defendant and his counsel; provided however, upon demand by defendant or his attorney the magistrate must order a transcript of the depositions taken on the information, or on the examination, to be immediately furnished said defendant or his attorney, after the commitment of said defendant as provided by sections eight hundred seventy-six and eight hundred seventy-seven of this code, and the reporter so furnishing said depositions, as aforesaid, shall receive compensation and be paid by the county for the same as provided by subdivision sixth of section eight hundred sixty-nine of this code. 1909—1077.
871. If, after hearing the proofs, it appears either that no public offense has been committed or that there is not sufficient cause to believe the defendant guilty of a public offense, the magistrate must order the defendant to be discharged, by an indorsement on the depositions and statement, signed by him, to the following effect: “There being no sufficient cause to believe the withinnamed A. B. guilty of the offense within mentioned, I order him to be discharged.”
872. If, however, appears from the examination that a public offense has been committed, and there is sufficient cause to believe the defendant guilty thereof, the magistrate must make or
indorse on the complaint an order, signed by him, to the following effect: "It appearing to me that the offense in the within complaint mentioned (or any offense, according to the fact, stating generally the nature thereof), has been committed, and that there is sufficient cause to believe the within named A. B. guilty thereof, I order that he be held to answer to the same." 1905—763.
873. If the offense is not bailable, the following words must be added to the indorsement: “And he is hereby committed to the sheriff of the county of
875. If the offense is bailable, and the defendant is admitted to bail, the following words must be added to the order, "and that he be admitted to bail in the sum of dollars, and is committed to the sheriff of the county of until he gives such bail.”
1880—37. 876. If the magistrate order the defendant to be committed, he must make out a commitment, signed by him, with his name of office, and deliver it, with the defendant, to the officer to whom he is committed, or, if that officer is not present, to a peace-ufficer, who must deliver the defendant into the proper custody, together with the commitment.
877. The commitment must be to the following effect:
County of (as the case may be).
An order having been this day made by me, that A. B. be held to answer upon a charge of (stating briefly the nature of the offense, and giving as near as may be the time when and the place where the same was committed), you are commanded to receive him into your custody and detain him until he is legally discharged. Dated this
eighteen 878. On holding the defendant to answer, the magistrate may take from each of the material witnesses examined before him on the part of the people a written undertaking, to the effect that he will appear and testify at the court to which the depositions and statements are to be sent, or that he will forfeit the sum of five hundred dollars.
879. When the magistrate or a judge of the court in which the action is pending is satisfied, by proof on oath, that there is reason to believe that any such witness will not appear and testify unless security is required, he may order the witness to enter into a written undertaking, with sureties, in such sum as he may deem proper, for his appearance as specified in the preceding section.
880. Infants and married women, who are material witness against the defendant, may be required to procure sureties for their appearance, as provided in the last section.
881. If a witness, required to enter into an undertaking to appear and testify, either with or without sureties, refuses compliance with the order for that purpose, the magistrate must commit him to prison until he complies or is legally discharged.
882. When, however, it satisfactorily appears by examination, on oath of the witness, or any other person, that the witness is unable to procure sureties, he may be forthwith conditionally exmined on behalf of the people. Such examination must be by question and answer, in the presence of the defendant, or after notice to him, if on bail, and conducted in the same manner as the examination before a committing magistrate is required by this code to be conducted, and the witness thereupon discharged; and such deposition may be used upon the trial of the defendant, except in cases of homicide, under the same conditions as mentioned in section thirteen hundred and forty-five; but this section does not apply to an accomplice in the commission of the offense charged. 1905-763.
883. When a magistrate has discharged a defendant, or has held him to answer, he must return, without delay, to the clerk of the court at which the defendant is required to appear, the warrant, if any, the depositions, and all undertakings of bail, or for the appearance of witnesses taken by him.
Proceedings After Commitment and Before Indictment.
II. Formation of the Grand Jury.
Preliminary Provisions. 888. Indictment or informa- 889. Accusation or information, where tried.
890. Same, what court. 888. All public offenses triable in the superior courts must be prosecuted by indictment or information, except as provided in the next section. 1880-12.
889. When the proceedings are had for the removal of district,
county, municipal, or township officers, they may be commenced by an accusation or information, in writing, as provided in sections seven hundred fifty-eight and seven hundred seventy-two.
890. All accusations, informations, or indictments against district, county, municipal, and township officers, must be found or filed in the superior court. 1880-34.
Formation of the Grand Jury. 894. Grand juror. Qualifica- 904. Form, other grand ju.
tion. 895. Challenge.
905. Charge of court, what. 902. Appointment of foreman. 906. Grand jury, proceedings 903. Oath, form of to fore
generally. 907. Prejudiced juror, when
may retire. 894. Before accepting a person drawn as a grand juror, the court must be satisfied that such person is duly qualified to act as such juror, but when drawn and found qualified he must be accepted unless the court, on the application of the juror and before he is sworn, shall excuse him from such service for any of the reasons prescribed in chapter 1, title 3, part 1 (sections 190— 254) of the Code of Civil Procedure. 1911—433.
895. No challenge shall be made or allowed to the panel from which the grand jury is drawn, nor to an individual grand juror, unless when made by the court for want of qualification, as prescribed in the next preceding section. 1911–434.
902. From the persons summoned to serve as grand jurors and appearing, the court must appoint a foreman. The court must also appoint a foreman when the person already appointed is excused or discharged before the grand jury is dismissed.
903. The following oath must be administered to the foreman of the grand jury:
“You, as foreman of the grand jury, will diligently inquire into, and true presentment make, of all public offenses against the people of this state, committed or triable within this county, of which you shall have or can obtain legal evidence. You will keep your own counsel, and that of your fellows and of the government, and will not, except when required in the due course of judicial proceedings, disclose the testimony of any witness examined before you, nor anything which you or any other grand juror may have said, nor the manner in which you or any other grand juror may have voted on any matter before you. You will present no person through malice, hatred, or ill-will, nor leave any unpresented through fear, favor, or affection, or for any reward, or the promise or hope thereof; but in all your presentments you will present the truth, the whole truth, and nothing but the truth, according to the best of your skill and understanding, so help you God.” 1874-437.
904. The following oath must be immediately thereupon administered to the other grand jurors present: “The same oath which your foreman has now before you on his part, you and each of you shall well and truly observe on your part, so help you God.”
905. The grand jury being impaneled and sworn, must be charged by the court. In doing so, the court must give them such information as it may deem proper, or as is required by law, as to their duties, and as to any charges for public offenses returned to the court or likely to come before the grand jury.
906. The grand jury must retire to a private room and inquire into the offenses cognizable by them. On the completion of the business before them, they must be discharged by the court; but, whether the business is completed or not, they are discharged by the final adjournment of the court.
907. Before considering a charge against any person, the foreman of the grand jury shall state to those present the matter to be considered and the person to be charged with an offense in connection therewith, and direct any member of the grand jury who has a state of mind in reference to the case or to either party which will prevent him from acting impartially and without prejudice to the substantial rights of the party to retire. Any violation of this section by the foreman or any member of the grand jury is punishable by the court as a contempt. 1911–452.
Powers and Duties of a Grand Jury. 915. Powers of grand juries. 924. Entitled to access. 917. Indictment defined.
925. Advice and proceedings 918. Foreman may adminis
generally. ter oath.
926. Secrets and exceptions. 919. Evidence receivable.
927. Actions inviolate. 920. Evidence, when may re- 928. County officers, may exfuse to hear.
amine books. 921. Degree to warrant in- 929. Moneys due county, dictment.
when may order suit. 922. Grand jurors must de- 930. Foreman pro tem, when clare knowledge of
selected. known crimes.
931. Investigation, land trans923. Make inquiries regard
fers. ing persons in prison.