person of the County in which such application shall be made, commanding such officer or other person forthwith to arrest such principal, if he is to be found within this State, and bring him before such justice, that other and sufficient security may be taken, and in failure so to do, commit him to the keeper of the common jail in said county, who is hereby authorized to receive such principal, and him retain in jail until he is discharged by a due course of law. SEC. 2. That this act shall take effect and be in force from and after its passage. CHAPTER CXCV. OF INDICTMENTS AND PROCEEDINGS BEFORE TRIAL. SECTION 6010. Court may discharge Grand Jurors in cer- sworn. 6013. Affirmation may be substituted for cath. 6015. Foreman to serve until discharged; In case of Court, may be summoned again. 6023. Duty of Prosecuting Attorney. 6027. Limitation of criminal prosecutions. 6029. When person held in prison, etc., to be 6030. Insanity of prisoner. 6031. Person indicted entitled to copy of indictment. SECTION 6032. Prosecuting Attorney not to enter Nolls 6034. To whom Warrant to be directed. 6036. Disobedience to Subpoena, how punished. be indicted. 6041. Persons stealing property in one County and bringing it into another, where indictable. 6042. Plea in abatement, etc., not to be received unless verified. 6043. Certain omissions, etc., not to affect validity of indictment, etc. 6044 When Court may grant Commission to 6045. Execution, etc., of Commission. amined conditionally, etc. 6047. Indictment for murder, what to contain. 6048. Indictments for forgery, etc. €049. For perjury and subornation of perjury what sufficient. 6050. Proof of felony on trial for misdemeanor not to entitle Defendant to acquittal. SECTION 6051. Accessories, etc., may be charged, etc., without the principal. 6052. Where several persons jointly indicted, one or more may be convicted. 6053. Venue need not be stated in body of indiciment; Proviso. 6054. Certain informalities not to vitiate indictment. 6055. Objection for formal defects to be taken before Jury sworn; Amendments. 6056. Sufficient to describe record, etc., by its purport. 6057. Amendments allowed in certain cases. 6058. Other amendments. 6059 Offence described in words of Statute sufficient after verdict. SECTION 6060. Misnomer may be amended. 6062. Value of several articles may be stated 6063. Facts conferring jurisdiction need not be 6064. In libel, certain facts need not be set 6065. Distinctions between accessories before the 6066. For larceny, several counts relative to 6067. Provisions to apply to all pleadings. Chapter One Hundred and Sixty Four of Revised Statutes of 1846. charge Grand Ju ses; deficiencies (6010.) SECTION 1. Any Court in which a Grand Jury may Court may dis be sitting, may discharge any of the grand jurors for intoxi- rors in certain cacation or other gross misconduct; and in case of such discharge, how supplied. or in case of the sickness, death or non-attendance of any grand juror, after he shall have been sworn, the Court may cause another juror to be summoned from among the bystanders, or inhabitants of the city, township or village, having the qualifications required by law, and to be sworn and serve in his stead. how impanneled 4 Denio, 133. (6011.) SEC. 2. The Clerk of the Court shall prepare an Grand Jurors, alphabetical list of all the persons returned as grand jurors, and sworn. and when the jury is to be impanneled, the two persons first named on the list, shall be first called, and the following cath shall be administered to them: "You as grand jurors of this inquest, for the body of this county of do solemnly swear, that you will diligently inquire and true presentment make of all such matters and things as shall be given you in charge; your own counsel, and the counsel of the people, and of your fellows, you shall keep secret; you shall present no person for envy, hatred or malice, neither shall you leave any person unpresented for love, fear, favor, affection or hope of reward; but you shall present things truly, as they come to your knowledge, according to the best of your understanding; so help you God." (6012.) SEC. 3. The other grand jurors shall then be called Ibid. in such divisions as the Court may deem proper, and the following oath shall be administered to them: "The same oath which your fellows have taken on their part, you, and each of Affirmation may be substituted for oath. Number of per sons to be sworn election of Fore man. you, on your part, shall well and truly observe and keep; so help you God." (6013.) SEC. 4. Any person returned as a grand juror, shall be allowed to make affirmation, substituting the word "affirm," instead of the word "swear;" and also the words, "this you do under the pains and penalties of perjury," instead of the words "so help you God." (6014.) SEC. 5. There shall not be less than sixteen persons as Grand Jury sworn on any Grand Jury; and after such jurors have been impanneled, and have received their charge from the Court, they shall retire with the officer appointed to attend them, and before they proceed to discharge the duties of their office, they shall elect by ballot one of their number to be foreman, and give notice thereof to the Court, and the clerk shall record the same. Foreman to serve until discharged; death, etc., an ed. (6015.) SEC. 6. The foreman elected by the Grand Jury in in case of his the manner provided in the preceding section, shall be foreother to be elect-man during the whole time they are required te serve; but in case of his death or absence, or if he shall be discharged or excused before the Grand Jury shall be dismissed, another of such jurors shall be elected foreman for the residue of such time of service. Person held to answer, etc., competency of (6016.) SEC. 7. A person held to answer to any criminal may object to charge, may object to the competency of any one summoned Juror in certain to serve as a grand juror, on the ground that he is the prose2 Doug. Mich., cutor or complainant upon any charge against such person; and if such objection be established, the person so summoned shall be set aside. cases. 417. When array not to be challenged. Who may administer oaths, etc. Jury may appoint (6017.) SEC. 8. No challenge to the array of grand jurors, or to any person summoned as a grand juror, shall be allowed in any other case than that specified in the preceding section. (6018.) SEC. 9. The foreman of every Grand Jury, the Attorney General, and the Prosecuting Attorney or other prosecuting officer, who shall be before them, shall have authority to administer all oaths and aflirmations, in the manner prescribed by law, to witnesses who shall appear before such jury, for the purpose of testifying in any matter of which they may have cognizance; and the foreman shall return to the Court, or deliver to the prosecuting officer, a list of all the witnesses sworn before the Grand Jury, in each case in which an indictment shall be found. (6019.) SEC. 10. The Grand Jury may appoint one of their number to be their clerk, to preserve minutes of their pro ceedings and of the evidence given before them; which minutes shall be delivered to the prosecuting officer, when so directed by the Grand Jury. missed before ad (6020.) SEC. 11. When the Grand Jury attending any Court, Grand Jury dieshall have been dismissed before the Court is adjourned with-journment of out day, they may be summoned to attend again, in the same summoned again. term, at such time as the Court shall direct, for the despatch of any business that may come before them. Court may be rors and officers (6021.) SEC. 12. No grand juror or officer of the Court shall Secrecy of Ja. disclose the fact that any indictment for a felony has been. found against any person not in custody or under recognizance, otherwise than by issuing or executing process on such indictment, until such person has been arrested. for perjury, etc., required to testi (6022.) SEC. 13. Members of the Grand Jury may be required Upon complaint by any Court to testify, whether the testimony of a witness Jurors may be examined before such jury is consistent with, or different from, fy, ete. 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 complaint against such person for perjury, or upon his trial for such offence; but in no case can a member of a Grand Jury be obliged or allowed to testify or declare in what manner he or any other member of the jury voted on any question before them, or what opinions were expressed by any juror in relation to any such question. (6023.) SEC. 14. Whenever required by the Grand Jury, it Duty of Prosecushall be the duty of the Prosecuting Attorney of the county to attend them for the purpose of examining witnesses in their presence, or of giving them advice upon any legal matter. ting Attorney. poenas, etc. (6024.) SEC. 15. The Prosecuting Attorney and other pros- May issue subecuting officers may, in all cases, issue subpoenas for witnesses to appear and testify on behalf of the People of this State; and the subpoena, under the hand of such officer, shall have the same force, and be obeyed in the same manner, and under the same penalties, as if issued by the Clerk or any magistrate. fore Grand Jury, (6025.) SEc. 16. The Prosecuting Attorney of the County, May appear beor other prosecuting officer, shall be allowed at all times to etc. appear before the Grand Jury, on his request, for the purpose of giving information relative to any matter cognizable by them; but no prosecuting officer, Constable, or any other person, except grand jurors, shall be permitted to be present Bill not to be found without concurrence of twelve Jurors, etc. Thacher's C. C., ile, 180. 3 Greenleaf, 439. Limitation of criminal prose during the expression of their opinions, or the giving of their votes, upon any matter before them. (6026.) SEC. 17. No indictment can be found without the concurrence of at least twelve grand jurors; and when so found, and not otherwise, the foreman of the Grand Jury shall certify thereon, under his hand, that the same is a true bill. (6027.) SEC. 18. An indictment for the crime of murder may cutions. be found at any period after the death of the person alleged to have been murdered; all other indictments shall be found and filed within six years after the commission of the offence; but any period during which the party charged was not usually and publicly a resident within this State, shall not be reckoned as part of the six years. Indic'ments to be presented to man; to be filed, etc. 2 Gilman, 540. (6028.) SEC. 19. Indictments found by a Grand Jury, with Court by Fore- the names of the complainant and all the witnesses endorsed on the back thereof, shall be presented by their foreman, in their presence, to the Court, and shall there be filed, and remain as public records; but such as are found against any person for a felony, not being in actual confinement, shall not be open to the inspection of any person except the Attorney General or Prosecuting Attorney, until the defendant therein shall have been arrested. When person held in prison, charged. (6029.) SEC. 20. Any person held in prison on any charge of etc., to be dis- having committed a crime, shall be discharged if he be not indicted before the end of the second term of the Court at which he is held to answer, unless it shall appear to the satisfaction of the Court that the witnesses on the part of the People have been enticed or kept away, or are detained and prevented from attending the Court by sickness or some inevitable accident, and except in the case provided for in the next section. Insanity of pris oner. (6030.) SEC. 21. When any person held in prison on a charge of having committed an indictable offence, shall not be indicted by the Grand Jury by reason of insanity, such jury shall certify that fact to the Court; and thereupon, if the discharge or going at large of such insane person shall be deemed manifestly dangerous to the peace and safety of the community, the Court may order him to be retained in prison until the further order of the Court, otherwise he shall be discharged. (6031.) SEC. 22. Every person indicted for any offence, who of indictment. shall have been arrested upon process issued upon such indict Person indicted entitled to copy |