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SEC. 41. After the testimony to support the prosecution, the Witnesses for the witnesses for the prisoner, if he have any, shall be sworn and examined, and he may be assisted by counsel in such examination, and also in the cross-examination of the witnesses in support of the prosecution.

SEC. 42. The magistrate, while examining any witness, may, at his discretion, exclude from the place of examination all the other witnesses; he may also, if requested or if he see cause, direct the witnesses for or against the prisoner to be kept separate, so that they cannot converse with each other, until they shall have been examined.

SEO. 43. The testimony of the witnesses examined shall be reduced to writing by the magistrate, or under his direction, when he shall think it necessary, and shall be signed by the witnesses, if required by the magistrate.

Magistrate may

exclude witnesses

from the exami

nation of witnesses.

Testimony shall signed, if re

be reduced to writing and



SEC. 44. If it shall appear to the magistrate, upon the whole If no offense is examination, that no offence has been committed, or that there is Discharge of not probable cause for charging the prisoner with the offence, he prisoner. shall be discharged.


SEC. 45. Persons charged with an offence punishable with In reference to death, shall not be admitted to bail, when the proof is evident or the presumption great; but, for all other offences, bail may be taken in such sum as, in the opinion of the magistate, will secure the appearance of the person charged with the offence, at the court where such person is to be tried.

when sufficient in bailable cases.

SEC. 46. If it shall appear that an offence has been commit- Bail received ted, and that there is probable cause to believe the prisoner guilty, and if the offence be bailable by the magistrate, and the prisoner offer sufficient bail, it shall be taken and the prisoner discharged; but if no sufficient bail be offered, or the offence be not bailable by the magistrate, the prisoner shall be committed for trial.

bind witnesses by

SEC. 47. When the prisoner is admitted to bail, or committed Magistrato may by the magistrate, he shall also bind, by recognizance, such wit- recognizance. nesses against the prisoner as he shall deem material, to appear and testify at the next term of the court having cognizance of the offence, and in which the prisoner shall be held to answer.

nesses to give re


SEC. 48. If the magistrate shall be satisfied that there is good May order wit eause to believe that any such witness will not perform the con- cognizance with dition of his recognizance unless other security be given, such magistrate may order the witness to enter into a recognizance, with such sureties as may be deemed necessary for his appear

ance at court.

Recognizance of women and minors as witness


Witnesses may be committed to prison.

Judge of court of record may admit to bail.

A magistrate may associate other


SEC. 49. When any married woman or minor is a material witness, any other be allowed to recognize for the person may appearance of such witness, or the magistrate may, in his discretion, take the recognizance of such married woman or minor, in a sum not exceeding fifty dollars, which shall be valid and binding in law, notwithstanding the disability of coverture or minority.

SEC. 50. All witnesses required to recognize, either with or without sureties, shall, if they refuse, be committed to prison by the magistrate, there to remain until they comply with such order, or be otherwise discharged according to law.

SEC. 51. Any judge of a court of record, on application of any prisoner committed for a bailable offence, may inquire into the case and admit such prisoner to bail; and any person committed for not finding sufficient sureties to recognize for him, may be admitted to bail by either of said judges or by the committing magistrate.

SEC. 52. Any magistrate to whom complaint is made or before migrates with whom any prisoner is brought, may associate with himself one or more magistrates of the same county, and they may together No fees allowed." execute the powers and duties before mentioned; but no fees shall be taxed for such associates.


and recognizanc

es must be certi

to whom.

SEC. 53. All examinations and recognizances, taken by any fed and returned magistrate, in pursuance of the provisions of this chapter, shall be certified and returned by him to the county attorney or the clerk of the court before which the party charged is bound to Penalty for neg- appear, on or before the first day of the sitting thereof; and if such magistrate shall neglect or refuse to return the same, he may be compelled forthwith, by rule of court, and in case of disobedience, may be proceeded against, by attachment, as for contempt.


Proceeding when recognizance is forfeited.

A surety may be discharged, how.

SEC. 54. When any person under recognizance, in any criminal prosecution, either to appear and answer or to prosecute an appeal, or to testify in any court, shall fail to perform the condition of such recognizance, his default shall be recorded and process shall be issued against the persons bound by the recognizance, or such of them as the prosecuting officer shall direct.

SEC. 55. Any surety in such recognizance may, by leave of the court, after default, and either before or after the process has been issued against him, pay to the county treasurer or to the clerk of the court the amount for which he was bound as surety, with such costs as the court shall direct, and be thereupon forever discharged.

in such case, shall

feated for any omission or de

SEC. 56. No such action, brought on a recognizance, shall be No action brought barred or defeated, nor shall judgment thereon be arrested by be barred or dereason of any neglect or omission to note or record the default feet. of any principal or surety, at the term when such default shall happen, nor by reason of any such 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 magistrate before whom it was taken, was authorized by law to require and take such recognizance.

Of Grand Juries and their Proceedings.

pose a grand jury.

SEC. 57. There shall not be more than eighteen grand jurors How many comsummoned, nor less than fifteen persons sworn, on any grand jury; and, from the persons summoned to serve as grand jurors, and appearing, the court shall appoint a foreman, and may also Foreman appointappoint a foreman in every case where any person appointed shall be discharged or excused, before the grand jury shall be dismissed.

SEC. 58. An oath or affirmation shall be administered to the foreman of the grand jury in, substance, as follows: "You, as foreman of the grand jury, shall diligently inquire, and true presentment make of all public offences against the laws of this Territory, committed or triable within this county, of which you have or can obtain legal evidence; you shall 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 shall present the truth, the whole truth and nothing but the truth, according to the best of your skill and understanding."


Oath to be admin

istered to fore

man of grand ju



SEC. 59. The following oath or affirmation must thereupon be oath to the grand administered to the other grand jurors present: "The same oath, or affirmation, which your foreman has now taken before you on his part, you and each of you shall well and truly observe on your part."

and for what reamay be challeng


SEC. 60. Any person held to answer to a criminal charge may when, by whom, object to the competency of any one summoned to serve as a sons a grand juror grand juror, before he is sworn, on the ground that he is the prosecutor or complainant, upon any charge against such person, or that he is a witness on the part of the prosecution, and has been summoned or bound in a recognizance as such; and if such objection be established, the person so challenged shall be set aside.

No challenge allowed, except as

SEC. 61. No challenge to the array of grand jurors or to any above provided. person summoned as a grand juror, shall be allowed in any other cases than such as are specified in the last section.

Foreman authorized to administer oaths, &c.

Clerk, how administered.

His duties.

Prosecuting attorney to attend grand jury.

May attend of his own request.

Deliberations of jury, private.

Clerk to issue subponas when required by fore

man or prosecuting attorney.

Court may issue compulsory pro

SEC. 62. The foreman of every grand jury, from the time of his appointment to his discharge, shall be authorized to administer any oath, declaration or affirmation, in the manner prescribed by law, to any witness who shall appear before such grand jury, for the purpose of giving evidence in any matter cognizable by them.

SEC. 63. Every grand jury may appoint one of their number to be a clerk thereof, to preserve minutes of their proceedings, and of the evidence given before them, which minutes shall be given to the attorney prosecuting in the county, when so directed by the grand jury.

SEC. 64. Whenever required by any grand jury, it shall be the duty of the attorney prosecuting in the county, to attend them for the purpose of examining witnesses in their presence, or giving them advice upon any legal matter.

SEC. 65. Such attorney shall be allowed, at all times, to appear before the grand jury, on his request, for the purpose of giving information relative to any matter cognizable by them, (and may be permitted to interrogate witnesses before them,) when they or he shall deem it necessary; but no such attorney or any other officer or person, except the grand jurors, shall be permitted to be present during the expression of their opinions, or the giving their votes on any matter before them.

SEC. 66. Whenever thereto required by any grand jury or the foreman thereof, or by the prosecuting attorney, the clerk of the court in which such jury is impanneled, shall issue subpoenas and other process to bring witnesses to testify before such grand jury. SEC. 67. If any witness, duly summoned to appear and testify cess against wit- before a grand jury, shall fail or refuse to obey, the court shall cause compulsory process to be issued to enforce his attendance, and may punish the delinquent in the same manner and upon like proceedings, as provided by law for disobedience of a subpoena issued out of such court in other cases.

Loss, when.


Proceedings if witness refuse to testify before a grand jury.

SEC. 68. If any witness, appearing before a grand jury, shall refuse to testify or to answer any interrogatories in the course of his examination, the fact shall be communicated to the court in writing, on which the question refused to be answered shall be stated, 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.

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court determine that witness is bound to answer.

SEC. 69. If the court determine that the witness is bound to Proceedings if answer, and he persist in his refusal to testify, he shall be brought before the court, who shall proceed therein in the same manner as if the witness had been interrogated and refused to answer in open court.

ted for refusal,

charged unless he enter into recog

SEC. 70. If any such witness shall be committed for a con- Witness committempt, on account of his refusal to testify, and shall persist in shall not be dissuch refusal until the grand jury is dismissed, or until the expi- nizance. ration of his imprisonment, he shall not be discharged until he enter into a recognizance, with sufficient security, for his appearance at the next term of the court, and not to depart such court without leave.

SEO. 71. If any offence be committed or discovered during the sitting of any court, after the grand jury, attending such court, shall be discharged, such court may, in its discretion, by an order to be entered on its minutes, direct the sheriff to summon another grand jury.

Court may sum

mon a second

grand jury, when.

such event.

SEC. 72. The sheriff shall, accordingly, forthwith summon such Proceedings in grand jury, from the inhabitants of the county qualified to serve as grand jurors, who shall be returned and sworn, and shall proceed in the same manner, in all respects, as provided by law in respect to other grand juries.

SEC. 73. Members of the grand jury may be required by any court to testify whether the testimony of a witness examined before such grand jury is consistent with or different from the evidence given by such witness before such court, and they may also be required to disclose the testimony given before them by any person, upon a complaint against such person for perjury, or upon. his trial for such offence.

SEC. 74. No member of a grand jury shall be obliged or allowed to testify or declare in what manner he or any other member of the grand jury voted on any question before them, or what opinions were expressed by any juror in relation to any such question.

when grand jurtestimony given

ors may disclose before them.

No grand juror to opinions of his

disclose votes or

own or fellows.

to secrecy.

SEC. 75. No grand juror shall disclose any evidence given be- Duty in relation before the grand jury, nor the name of any witness who appeared before them, except when lawfully required to testify as a witness in relation thereto; nor shall he disclose the fact of any indictment having been found against any person for a felony, not in actual confinement, until the defendant shall have been arrested thereon. Any juror violating the provisions of this section, shall be deemed guilty of a misdemeanor.

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