making the arrest shall take him before a magistrate of that county, who may take from the person arrested a recognizance, with sufficient sureties, for his appearance at the court having cognizance of the offence, and next to be holden in the county where it shall be alleged to have been committed, and the party arrested shall thereupon be liberated.

SEC. 29. The magistrate who shall let the person arrested to bail, shall certify the fact upon the warrant, and shall deliver the same, with the recognizance by him so taken, to the person who made the arrest, who shall cause the same to be delivered, without unnecessary delay, to the clerk of the court before which the accused was recognized to appear; and on application of the complainant the magistrate who issued the warrant shall cause such witnesses to be summoned to the same court as may be by him deemed necessary.

SEC. 30. If the magistrate in the county where the arrest was made shall refuse to admit to bail the person so arrested and brought before him, or if no sufficient bail shall be offered, the person having him in charge shall take him before the magistrate who issued the warrant, or in his absence before some other magistrate of the county in which the warrant was issued, to be proceeded with according to law.

SEC. 31. When the offence charged in any warrant is punishable with death, or imprisonment in the Territorial prison, the officer making the arrest in some other county, shall convey the prisoner to the county where the warrant was issued, and he shall be proceeded with in the manner directed by law.

SEC. 32. Every person arrested by warrant for any offence where no other provision is made for his examination thereon, shall be brought before some magistrate of the same county, and the warrant, with the proper return thereon, signed by the person who made the arrest, shall be delivered to such magistrate.

SEC. 33. Any magistrate may adjourn an examination or trial pending before himself, from time to time, as occasion shall require, not exceeding ten days at one time, without the consent of the person charged, and to the same or a different place in the county, as he shall think proper; and in such case, if the party is charged with a capital offence, he shall be committed in the meantime; otherwise he may be recognized in a sum, and with sureties, to the

satisfaction of the magistrate, for his appearance for such further examination, and for want of such recognizance he shall be committed to prison.

SEC. 34. If the person so recognized shall not appear before the magistrate at the time appointed for such further examination, according to the condition of such recognizance, the magistrate shall record the default, and shall certify the recognizance with the record of such default, to the district court; and like proceedings shall be had thereon as upon the breach of the condition of a recognizance for appearance before that court.

SEC. 35. When such person shall fail to give bail, he shall be committed to prison by an order under the hand of the magistrate, stating concisely that he is committed for further examination on a future day, to be named in the order; and on the day appointed he may be brought before the magistrate, by his verbal order to the same officer by whom he was committed, or by an order in writing to a different person.

SEC. 36. The magistrate before whom any person so brought upon a charge of having committed an offence, shall, immediately examine the complainant and the witnesses to support the prosecution, on oath, in the presence of the party charged, in relation to any matter connected with such charge, which may be deemed pertinent.

SEC. 37. After the testimony to support the prosecution, 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. 38. The magistrate, while examining any witness, may at his discretion exclude from the place of examination, all 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.

SEC. 39. The testimony of the witnesses examined, may be reduced to writing by the magistrate, or under his control, when he shall think it necessary, and shall be signed by the witnesses, if required by the magistrate.

SEC 40. If it shall appear to the magistrate upon the whole

examination, that no offence has been committed, or that there is not probable cause for charging the prisoner with the offence, he shall be discharged.

SEC. 41. Persons charged with an offence punishable with death, shall not be admitted to bail when the proof is positive, or the presumption great, but, for all other offences, bail may be taken for such sums, as in the opinion of the magistrate, will secure the appearance of the person charged with the offence, at the court where such person is to be tried.

SEC. 42. If it shall appear that an offence has been committed, 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.

SEC. 43. When the prisoner is admitted to bail, or committed by the magistrate, he shall also bind by recognizance such witnesses against the prisoner as he shall deem material, to appear and testify at the next term of court having cognizance of the offence, and in which the prisoner is held to answer.

SEC. 44. If any magistrate shall be satisfied that there is good cause to believe that any such witnesses will not perform the coudition of their recognizance, unless other security be given, such magistrate may order the witnesses to enter into a recognizance with such sureties as may be deemed necessary to insure their appear

ance at court.

SEC. 45. When any married woman or minor is a material witness, any other person may be allowed to recognize for the 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. 46. 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. 47. 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 or refusing to give bail, may be admitted to bail by either of said judges or by the committing magistrate.

SEC. 48. Any magistrate to whom complaint is made, or before whom any prisoner is brought, may associate with himself one or more magistrates of the same county, and they may together, execute the powers and duties before mentioned.

SEC. 49. All examinations and recognizances taken by any magistrate as provided herein, shall be certified and returned by him to the clerk of the court having jurisdiction of the offence, and to which the party charged is required to appear, on or before the first day of the next term 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 punished as for contempt.

SEC. 50. When any person under recognizances 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 judgment entered against him, for the amount of such bond, and proceedings may be taken to recover judgment against any or all of the sureties thereto, in any court having jurisdiction.

SEC. 51. Any surety in such recognizance may be discharged from any liability thereon, at any time before final judgment against him, upon surrendering to the court or the proper officer, the principal in such recognizance, or by paying to the clerk of the court the amount for which he was bound as surety, with such costs as the courts shall direct.

SEC. 52. No action brought on a recognizance shall be barred or defeated, nor shall judgment thereon be arrested, by reason of any neglect or omission to note or record the default of any principal or surety, at the term when such default happened, 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.

GRAND JURIES AND THEIR PROCEEDINGS.

SEC. 53. The grand jury shall consist of twelve persons, one of whom shall be appointed foreman by the court, and the court in every case, where the foreman shall be discharged or excused, on any account, before the grand jury is dismissed, shall appoint another foreman.

SEC. 54. An oath or affirmation shall be administered to the grand jury, in substance as follows:

You, and each of you do solemnly swear (or affirm), that you will diligently inquire into and true presentment make, of all public offences against the laws of this Territory, committed or triable in this county, of which you have or can obtain legal evidence. You will present no one through hatred, malice, or illwill; 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 will present the truth, the whole truth, and nothing but the truth, according to the best of your skill and understanding. So help you God.

SEC. 55. No grand juror shall act as such, on the investigation of any charge against any person held to answer to a criminal offence, when such grand juror is the prosecutor, or a material witness against such person; and it shall be the duty of the court, in its charge to the grand jury, to so charge them; and for a violation of this section, any grand juror may be proceeded against as for contempt.

SEC. 56. 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 of any matter cognizable by them.

SEC. 57. Every grand jury may appoint one of their number ro be 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. 58. Whenever required by any grand jury, it shall be the