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.