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in each case, and file the same with the clerk of the district court; and the county shall pay the said clerk of the district court for the services required to be rendered in this and preceding section.

CHAPTER XVII.

WITNESSES.

Sec. 423. Witnesses-how served.

Sec. 424. Of disobedience to subpæna.

Sec. 425. Witnesses to attend from any part of territory-fees.
Sec. 426. Right of defendant to process for witnesses.
Sec. 427. Not necessary to tender fees to witness.
Sec. 428. Depositions—how taken and read.
Sec. 429. When deposition taken by defendant.

Section. 423. Witnesses shall be served with subpoena in the same manner as in civil cases.

Sec. 424. Disobedience to a subpoena, or a refusal to answer as a witness, may be punished by the court or magistrate as a contempt in the same manner as in civil cases.

Sec. 425. Witnesses may be required to attend from any part of the territory in criminal cases, and be entitled to the same fees as witnesses in civil cases.

Sec. 426. Every person indicted or prosecuted for a criminal offence shall be entitled to subpoenas and compulsory process for witnesses in like manner, and under like circumstances, as parties in civil cases.

Sec. 427. It shall not be necessary to pay or tender any fees whatever to any witness summoned on the part of the territory, or on the part of the defendant, but such witness shall be bound to attend, and be liable for his non-attendance in the same manner as if the fees allowed witnesses had been duly paid to him.

Sec. 428. The depositions shall be taken and returned in the same manner prescribed by law in civil cases; and such depositions shall be read in like cases and with like effect and subject to the same rules as in civil cases.

Sec. 429. When any issue of fact is joined to any criminal case, if any material witness for the defendant resides out of the territory, enceinte, sick, or infirm, or is bound on a voyage, or is about to leave the territory, such defendant may apply to the court in which the cause is pending for leave to take the deposi tion of such witness, and the court may grant the same in its discretion. Such deposition, if taken, shall be taken according to the rules prescribed for taking depositions in civil cases.

CHAPTER XVIII.

MISCELLANEOUS PROVISIONS.

Sec. 430. When stolen or embezzled property is concealed.
Sec. 431. Search warrant to issue.

Sec. 432. Place or house searched on proof.

Sec. 433. Warrant-by whom executed.

Sec. 434. Person committed to jail may be searched.

Sec. 435. Officer shall hold property alleged to be stolen.

Sec. 436. Magistrate may order such property delivered to owner. Sec. 437. If such property in custody of magistrate delivered to owner on payment of expenses, &c.

Sec. 438. Court may order property delivered to owner.
Sec. 439. If property not claimed may be sold.

Sec. 440. If property living animal, or perishable, may be sold. Sec. 441. Case of sale under last section, description of property filed.

Sec. 442. Warrants in criminal cases-how signed.

Sec. 443: Recognizance-how executed.

Sec. 444. Conveyance of prisoner from one county to another.
Sec. 445. Rights and power of officer conveying prisoner.
Sec. 446. Jailor to receive prisoner in transit when required.
Sec. 447. Duty of governor in making requisition for fugitive.
Sec. 448. Expenses under last section—how paid.
Sec. 449. Jury may view place where material fact occurred.
Sec. 450. Officer may break enclosure to make arrest—when.
Sec. 451. If officer corruptly select jury-cause of challenge.
Sec. 452. All processes of district court executed by sheriff.
Sec. 453. Territorial prison-keeper to return prisoner for new
trial-fees therefor.

Sec. 454. Term "person" may include territory, United States, &c.
Sec. 455. Definitions of terms of pleading and practice adopted.
Sec. 456. If money deposited instead of bail, may be returned-

when.

Sec. 457. Governor may offer reward for fugitive—when.
Sec. 458. Person returning fugitive-how compensated.
Sec. 459. Governor may include conditions in pardon.
Sec. 460. Limitation-pendency of quashed indictment not

counted.

Sec. 461. Property liable for costs when arrest made.
Sec. 462. Property liable of person signing recognizance.
Sec. 463. Insane person not to be tried.

Sec. 464. If defendant declare he is insane when arraigned court to institute inquiry.

Sec. 465. If sane, trial to proceed; if insane, retained in custody. Sec. 466. If become sane returned to court and tried.

Sec. 467. Costs of keeping insane defendant-how paid.

Section 430. Upon complaint being made on oath to any officer authorized to issue process for the apprehension of offenders, that any personal property has been stolen or embezzled, and that the complainant has reason to believe that such property is concealed in any particular house or place, if such magistrate shall be satisfied that there is reasonable ground for such suspicion, he shall issue a warrant to search for such property.

Sec. 431. Such warrant shall be directed to the sheriff of the county, and shall command him to search the place where such property is suspected to be concealed in the daytime, which place shall be designated, and the property particularly described in such warrant, and to bring such property before the magistrate issuing the warrant.

Sec. 432. If there be positive proof that any property stolen or embezzled is concealed in any particular place or house, the warrant may order the searching of such place or house.

Sec. 433. Every such warrant shall be executed by a public officer, and not by any other person.

Sec. 434. Any magistrate who shall commit any person charged with an offence to jail, or by whom any vagrant or disorderly person may be committed, may cause such person to be searched for the purpose of discovering any money or property he may have, and, if any be found, the same may be taken and applied to the support of such person while in confinement.

Sec. 435. When property alleged to have been stolen shall come into the custody of any sheriff, coroner, constable, marshal, or any person authorized to perform the duties of such officer, he shall hold the same, subject to the order of the officer authorized to direct the disposition thereof.

Sec. 436. Upon receiving satisfactory proof of the title of any owner of such property, the magistrate who shall take the examination of the person accused of any of the offences referred to in the preceding section, may order the same to be delivered to such owner on his paying the reasonable and necessary expenses incurred in the preservation of such property, to be certified by such magistrate, which order shall entitle the owner to demand and receive such property.

Sec. 437. If such property come into the custody of any magistrate, upon satisfactory proof of the title of any owner thereof, it shall be delivered to him on the payment of the necessary expenses incurred in the preservation thereof, to be certified by such magistrate.

Sec. 438. If such property shall not have been delivered to

the owner thereof, the court before which a conviction shall be had for the stealing, embezzling, or obtaining such property, may, upon proof of the ownership of any person, order the same to be restored to him, on the payment of the expenses incurred in the preservation thereof.

Sec. 439. If such property shall not be claimed by the owner within six months from the time any person shall have been convicted of obtaining it in any of the modes referred to in this act, the court or magistrate authorized by the preceding provisions to order a restoration may order the same to be sold; and the proceeds of the sale, after payment of the expenses of preservation and sale of the property, shall be paid in the county treasury for the use of the county.

Sec. 440. If the property thus obtained be a living animal, or be of a perishable nature, the court or magistrate authorized to order a restoration may order a sale thereof, and the proceeds shall be applied in the same manner herein before directed in respect to such property.

Sec. 441. In case of sale, as specified in the last section, a particular description of the property shall be made out in writing, and filed with the court or officer making the order of sale, so that the owner may identify the same, if he shall claim the proceeds within the time limited by law for making his claim.

Sec. 442. Warrants authorized by law to be issued in criminal cases may be under the hand of the magistrate issuing the same, and shall be as valid and effectual in all respects as if sealed.

Sec. 443. All recognizances required or authorized to be taken in any criminal proceedings in open court by any court of record, shall be entered on the minutes of such court, and the substance thereof shall be read to the person recognized; all other recognizances in any criminal matter or proceeding, or in any proceeding of a similar nature, shall be in writing, and subscribed by the parties to be bound thereby.

Sec. 444. Every officer or other person who shall have arrested, or have in his custody, under authority of the laws of this territory, any prisoner who is to be conveyed from one county to another, may take such prisoner through such parts of any county as shall be in the ordinary route of travel from the place where such prisoner shall have been arrested to the place where he is to be conveyed and delivered under the process or authority by which such prisoner shall have been arrested or detained.

Sec. 445. The officer or person having such prisoner in charge shall not be liable to arrest in civil process while on his route; and he shall have the like power to require any person to aid in securing such prisoner, and retaking him if he escapes, as sheriffs or other officers have in their own county; and a refusal or neglect to render such aid shall be an offence punishable in the same

manner as for disobedience to a summons to assist in the execution

of a process.

Sec. 446. The jailer of every county through which such prisoner may be taken is required to receive and safely keep such prisoner in the jail of which he has charge, when requested by the officer or person having lawful charge of such prisoner, and redeliver him on demand of such officer or person.

Sec. 447. Whenever the governor of this territory shall demand a fugitive from justice from the executive of another state or territory, and shall have received notice that such fugitive will be surrendered, he shall issue his warrant, under the seal of the territory, to some messenger, commanding him to receive such fugitive and convey him to the sheriff of the county in which the offence was committed or is by law cognizable.

Sec. 448. The expenses which may accrue under the last section, being first ascertained to the satisfaction of the governor, shall, on his certificate, be allowed, and paid out of the territorial treasury, as other demands against the territory.

Sec. 449. Whenever, in the opinion of the court, it is proper for the jury to have a view of the place in which any material fact occurred, it may order them to be conducted in a body, under the charge of an officer, to the place, which shall be shown to them by some person appointed by the court for that purpose. While the jury are thus absent, no person other than the officer and a person appointed to show them the place shall speak to them on any subject connected with the trial."

Sec. 450. To make an arrest in criminal actions, the officer may break open any outer or inner door or window of a dwellinghouse, or other building, or any other enclosure, if, after notice of his office and purpose, he be refused admittance.

Sec. 451. When the sheriff or other officer is guilty of corruption in selecting or empanelling a grand or traverse jury, it is good cause of challenge to any of the jurors so selected or empanelled.

Sec. 452. Every judgment, commitment, and process of the district court must be executed by the sheriff.

Sec. 453. When any criminal in the territorial prison is ordered to be returned to the county where he was convicted to await a new trial, the keeper of the territorial prison must execute the order. The keeper is entitled to such fees therefor as are allowed to the sheriff for taking the convict to the territorial prison.

Sec. 454. When the term "person" or other word is used to designate the party whose property is the subject of an offence, or against whom any act is done with intent to defraud or injure, the term may be construed to include the United States, this terri

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