BY AUTHORITY. AN ACT to erfsblidi CourU, and prwcribo their pow en and dutlc Continued. 72. The oath of tho grand jurry, in all cases, shall be as follows, to-wit : " You, as grand jurors for tho body of the county of , (as the case may be,) do solemnly swear, that you will diligently enquires into, and true presentment make of, all such mat ters and things as shall come to your know ledge, according to your charge; tho counsel of Oregon, your own counsel, and that of your fellows, you shall keep secret; you shall pre sent no person through envy, hatred, or malice, neither will you leavo any person unprcsonted through fear, favor, affection, or nopo of reward; out that you will present things truly as they come to your knowledge, according to the best of your understanding, and according to the laws of this territory, so help you God." 73. No grand jury shall niako present ment of their own knowledge, upon tho in formation of a less number than two of their own body, unless tho juror giving the infor mation is previously swoni as a witness, in which case, if the evidence is deojned suffi cient, an indictment may be found thereon, as upon the evidence of any other witness who may not be of the jury. 74. Every person who shall fail to ap pear when lawfully summoned as a grand ju ror, as aforesaid, without having a reasona ble excuse, shall be considered as being guil ty of a contempt, and shall be fined by the court in any sum not exceeding twenty dol lars for eaoh day's non-attendance, for the use of the proper county, unless good cause be shown for such default at or before the next term of said court, and it shall be the duty of the clerk to issue a summons against such de linquent, when such person shall .not appear, without process, to show cause at the next succeeding term of said court, why he, or they, should not bo' fined for such contempt. The oath or affirmation of any such delin quent shall, at all times, be received as com petent evidence in his favor. 75. In case of the death, sickness, or non- attendance of any grand juror, alter ho shall have been sworn upon the jury. or where atvy such juror, being sworn as aforesaid, shall, for any reasonable cause, be dismiss. od, or discharged, it shall bo lawful for the court to cause others, if necessary, to bo sum moned and sworn in his or their stead. 76. All grand jurors shall be privileged from arrest, in all cases,, except for breach of the peace, treason, felony, and other crim inal offences, during their attendance at said court, going to, and returning from, the same; and all arrests in such cases shall be deemed as illegal and void. 77. Tho prosecuting attorney may at tend the grand jury at all times, except while they are expressing their opinions, or giving their votes, in relation to any matter before them, at whioh times no ono but the jurors themselves shall bo allowed to bo present. 6'.78. Members of a grand jury may be re quired by a court of justice to testify as to the evidence given by a witness before said jury, but in no case shall they bo called on to reveal the votes or opinions of any mem ber of the grand jury. 70. It shall be the duty.of the county court to arrange and select the grand jurors, as aforesaid, in such manner as to make the qualified persons of the county perform du ties as jurors, as nearly as may be in rota tion, and so that the same may not bo unne cessarily burdensome to any of tho citizens of tho county. 60. The clerk of tho court shall give to eacn juror a certificate ot his attendance on the court, and such certificate shall exempt the holder from as many days of service on roads or other public dutips, as ho may have been in attendance on the court, and grand jurors shall receive no other compensation. ARTICLE V. Of indictment $t and proeecdingi thereon in county court. 81. The county courts may hold a call term at any timo to try a criminal. 32. All'indictments found by.a grand ju. u ry, shall be returned to the court in presence oaaid jury; but such as are found against aMr preenifbr a felony, who is not in ousto. d$ irieVover'wWoli the county court have jurdfoUon, shall not be open to the inspec Ub'ri'oiw PeS&n' Will the prosecuting attor- ley, wum urn, aeifoaw werem snau have een wrrMMeuuciWiuonusnau do entered the muwtoa of tt .court. 63. AvMdiotniepUi found by a grand & jury over which tho county court has not ju. risdiction, together with nil papers belonging to tho same, whether they be recognizances of witnossca or defendant, shall be deliverod at the timo of finding such indictments to the prosecuting attorney, whoso duty it shall be to file tho same, within ten days thereafter, with tho olork of the criminal court; and it shall be tho duty of the clerk of the county court to mako a record of the finding and de livering' such indictments as aforesaid. 84. Any grand juror, or officer of the court, who shall be convicted of disclosing the fact of on indictment having been found against any person for a felony, not in actual custody, on such indictment, shall be pun ished by fine, not exceeding ono thousand dollars, or by imprisonment, not exceeding six months, or by both such fine and impris onment: Provided, such disclosure do not ne cessarily tako place in tho discharge of somo official duty : And the judges shall givo this section in charge to all grand juries. 85. Indictments for murder may be found at any time after the death of the person kill ed; in all other cases of felony thoy must be found, if at all, within four years after tho commission of crime ; for all offences less than felony, within two years thereafter, but tho time, during which the defendant shall not have been usually a resident within tho territory, shall form no purt of tho said limit ation. 86. Where a person steals, or becomes the receiver of stolen property, ho may 1 indicted in any county whore he stole, re ccived, or was in possession of any of the pro. pcrty stolen or received. 87. Where u perbon shall commit an of. fence within this territory, on board of any vessel or float, he 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. 68. Where an offence shall have been committed within five hundred yards of the boundary line of two counties, tho offender may he indicted in either of such counties. 80. Where an offence shall be commit, ted upon, or in relation to, tho property of several joint owners, the indictment for such offence shall he sufficient, if it al ledge such properly to belong to any one or more of such owners, without naming them all. 90. Where a crimiuul net has been com- I mitted in one county, and the crime consum. maicu in uuoincr, aa nuerc wo monui mow was given in one county, and the death took place in another,) the offender may be in dicted in cither county. 91. Whenever by law an offence is in dictable in any particular county, it may be charged in the indictment to hae been com mitted within that county. 02. 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 ucccssary may be found, either in the coun ty where' his own crime was perpetrated, or in that where the principal offence was com mitted. 03. Accessaries may be tried and pun ished, although tho principal has not been ar rested or tried, and although ho may have been pardoned, or otherwise discharged. 94. Tho body of an indictment shall be considered as made up of charges and speci fications, and no indictment shall be quu.slied if an indictable offenco is clearly charged therein, nor shall any motion be entertained with a view to arrest, rcvorsc, or set aside any judgment on account of a defect in the indictment, if the charge, upon which the of fender was tried, be so explicitly set forth, that judgment can be rendered thereon. 80. All mistakes or omissions in the com moncement(or in tho formal parts of un in dictment, may be amended, on motion of eith er party, at any time beforo tho rendition of judgment: And all clerical mistakes shall bo amendable at the discretion of the court. 90. 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. 97. A capias, for the arrest of any per son indicted, may be issued by the court, re turnable either forthwith, or at the next term of the court. In the latter case the court shall, in bailable cases, direct the amount in which the defendant shall be held to bail, whioh shall be endorsed upon the capiat. In cases of felonies, this shall not be done in opet) court. 98. Such capias may bo directed to tho shoriff of any county in tho territory, whose duty it shall bo to arrest tho de fondant. Such officer may pursue him into any part of the territory, and, having arrested him, may ex. urciso all power necessary to couro tho pris oner, and return him to the proper county. 99. In bailablo cases, when tho tapiai is returnable to the next term of tho court, the prisonor may at any timo be released upon circumstances, ho shall be discharged abso lutoly: Provided, That, in any of the above cases, tho delay of indictment or trial has not toon occasioned by defendant himself. 114. Whore two or more porsons am jointly indicted, and tho evidence against mm of thorn Is insufficient to put him upon his tri. nl, tho court may ordor him to ito diKotiargeii entering into' recognizance, with good seen-1 before tho ovidonce shall bodeomod to bo nty, in the amount endorsed upon tho capiat, eioscu. conditioned as prescribed in tho formappon-1 y 115. Whore I wo or more persons ore ded tq this code. Tho officer making the ar- 'jointly indicted for a felonv, either of them rest, or any justico of tho peaco of tho coun- ( may, ut his option, bo tried scpift-utnly. In ty where tho indictment was found, may take i cases of lesser offences, defendants jointly in such recognizance, and filo tho samo in the dieted shall bo tried jointly, or separately, at offico of the clerk of said county, before tho tho discretion of tho court. next ensuing term ot tho county court there-1 y i ". ' " "lai oi moicimem, rvy in, and for default in so doing, shall be deem ed guilty of a contempt of court. y 100. Tho court, where tho indictment was found, shall have power to tako tho recogni zance of the prisoner, with sureties for his np pcaranco from day to day, or for his appear ance at the next ensuing term of said court lions may Ut taken by either party to the dc cision of the court IbrtheKamo reasons us in civil actions.but judgment shall not be stay ed, unless the court will give a certificate, stating that there is probable cause for taking said exceptions, or so much iioum as io rcn dcr it expedient to take the opinion of tho hii- his &101. Unon the annlication of anv norson ! preme court thereon: Provided, That where indicted, tho clerkor the court shall, without i the exceptions have been taken by the pro. scouting attorney, no lurtnor proceedings shall Iks had thereon, except in cases whore tho judgment has been stayed us aforesaid. y 117. If the exceptions have torn taken on the part of tho defendant, he shall remain m custody in the mean lime, unless he will enter into a recognizance, with sufficient su rety, lieforc the court, or the presiding judge, in vacation, conditioned that ho will appear fee, issue the necessary subpoenas for witnesses. y 102. Subpccnas for witnesses, on the tri al of any indictablo offoncc, may be served in any part of the territory, by a sheriff or constable of any county therein. y 103. Any officer in whose hands a capiat or fiubpama, issued as abovo prescribed, shall be placed, who shall fail to make due return to the court from whence such process issu-, before said court at such time as the supremo ed, and any witness who shall fail to obey i court shall direct, or that ho will obey any such Bubpa-na, shall, unless good excuse be order the supreme court shall mako in the rendered, be deemed guilty ot a contempt ot premises, v. Inch recognizance sliull tc tiled court, and may be fined in any sum, not e.-' with the clerk of the county court. cecding two hundred mid fifty dollars. I $ 11H. If the iwceptions'nre taken by the y 101. All dilatory pleas to an indictment ; prosecuting attorney, the same proceedings must be verified by affidavit. , .slinll he hud, only the defendant need not find y 105. After an issuo in fact is found on I .sureties in ids recognizance an indictment, the defendant, at the disere-1 $119. When judgment shall have been ion of the court, shall bo entitled to the same ' stayed upon an indictment an alo e provided, right of issuing i'. commission to take testi- tin prosecuting attorney shall forthwith me mony out of the territory, or of taking depo. out a writ of certiorari, returnable to the su. preme court. 6 120. The clerk of the court where tin- cause! was tried, upon being served with such sitions conditionally, us is provided for par tics in civil cases. aiiticle vi.Oftlie trial awl its incidents. y 106. All issues of fact, joined upon any writ, shall forthwith make returns thereto, l i ,.-..,... ..-.--. --. . - indictment, over which the county courts containing n trnnscript of said indictment, bill have jurisdiction, shall be tried by u jury of (,r nxeeptiiiiis, ntui certificate stnying tho the court where such was found, provided, however, that the court may, for good cause shown, direct a ciiungc of venue to sonic oili er county. " y 107. If the defendant, or prosecuting at torney, shall require it, the wholo number of twenty-four jurors, shall be present in the jury box, twelve of whom shall then be drawn as follows, to.wit : The clerk shall write the name of each juror, on a separate ticket, and put the wholo into a box, or other place, in presence of the court, and draw by chance, therefrom, twelve names, which shall desig nate the twelve to be sworn on the jury. 6 108. The dofendant, on his trial, if indict ed for a capital crime, may challenge per emptorily twelve jurors, and no more; if in dieted for any othor felony, he shall dial lenge only six, in the same manner; and if for an offence less than felony, only two. In each case, the prosecuting attorney shall have the right to challenge peremptorily, onc-half as many as the defendant is entitled to. y 109. In all criminal cases, either party shall have the same right of challenge, for cause shown, cither to the array, or to indi. vidua! jurors, as is permitted in civil cases. h 110. The court shall assign counsel to defend tho prisoner, in case he cannot pro. euro councel himself. And in case there be no prosecuting attorney present, the court may appoint any person to prosecute ; and when no person will act, the court shall ex amine the witnesses for tho prosecution, and shall give the law in charge to the jury. 111. Persons indicted for felony shall not he tried, unloss personally present at the tri al. For othor offences thoy may be tried, if present cither personally, or by attorney du ly authorized for that purpose ; he must bo present, when the sontence is pronounced, however, in all cases whore imprisonment may form a part of the punishment. y 112. Any person indictod for a capital orimo shall, if he require it, be furnished with a copy of the indictment, and a list of the jury summoned to try him, at least twenty-four hours beforo his trial. 1 13. In capital oases the defendant shall Im admitted to bail, unless indicted and tried by the end of the term next succeeding his arrest. In cases of othor offences, under like iiiilL'inpnt. 121. Alter judgment rendered on an in dictment, (except ns provided in the last sec tion,) a writ of error may bo brought there on by the defendant. In capital cases this shall not be permitted, except upon the al lowance of the judge of the supreme court, and after sufficient notice to the prosecuting attorney of the time and place of making the application. y 122. In nil other than capital cases, writs of error shall issue as a matter of course, up on n mere application to the clerk of the su preme court, in term or vacation ; but tho writ shull not operate as a stay of proceed ings, unless allowed in the. manner provided in the preceding section. y 123. Applications for such ullowanco shall, in all cases, be formed upon a transcript of the indictment and bill of exceptions, or other record uon which error is allcdged, under the seal of tho court where the indict ment was tried. y 124. Upon filing the writ of error, and the allowance of the supreme judge, (if such allowance has been made.) with the clerk of the court where the indictment was tried, said clerk shall forthwith make returns there to, containing a like trnnscript as is required in tho last preceding section. y 125, If a stay of proceedings he allowed, the sheriff upon being served with the coun ty clerk's certificate thereof, shall cease all further proceedings in execution of tho sen tence, but shall retain tho defendant in cus tody, and at his request, tako him beforo tho judge of tho supreme court for tho purpose of giving hull. $ 126. Such judge may admit the defen dant to bail by recognizance, with sufficient surety, conditioned nnd filed as abovoprovi ded in case of certiorari, 127. If the judgment below be affirmed, tho sentence thero pronounced shall be exe. cuted accordingly. If it be reversed, tho su. preme court may grant a now trial, or dis charge tho dofendant altogether. In either case, the certificate of tho olerk of the su. preme court, under the seal of said court, shall lie sufficient authority for tho court be tow,' and its officers, to act in the premises, to as ootrriMviD.) 'y im.