during the term at which the same is found, in a book to be kept for that purpose. The judge must compare the record with the original indictments, and certify the correctness thereof. In case the original indictment be lost or destroyed, the defendant may be tried upon a copy taken from the record, and certified by the clerk, without any delay from that cause.

SEC. 97. In case of the loss or destruction of an indictment, the attorney prosecuting may file in court another indictment, similar to the original, certified to by the clerk of the court; and the prosecution shall proceed, and the trial be had without any delay from that cause.

SEC. 98. Indictments against persons not in custody, or who have not given bail, and the records of such indictments, shall be in the custody of the clerk, cannot be inspected by any person, except the court, the clerk and his deputy, and the attorney prosecuting, until after the arrest of the defendant.

SEC. 99. No grand juror, attorney prosecuting, clerk, judge, or other officer, shall disclose the fact that an indictment is found, until the defendant has been arrested, except, any disclosure that may be necessarily incident to the issue and service of a warrant to. arrest the defendant. A violation of this and the next preceding. section may be punished as a misdemeanor by fine or imprisonment, or both.

SEC. 100. Upon an indictment for an offence consisting of different degrees, the jury may find the defendant not guilty of the degree charged in the indictment, and guilty of any degree inferior thereto, or of an attempt to commit the offence.

SEC. 101. In all other cases, the defendant may be found guilty of an offence, the commission of which is necessarily included in that with which he is charged in the indictment.

Counts for murder in the first and second degrees, and for manslaughter, may be joined in the same indictment, and on the trial the defendant may be convicted of either offence.

SEC. 103. When any offence shall be committed upon, or in relation to, any personal property belonging to several partners, or owners, the indictment for such offence shall be deemed sufficient, if it allege such property to belong to any one or more of such partners, or owners, .without naming them all.

SEC. 104. An indictment against any accessory to any felony,

may be found in any county where the offence of such accessory shall have been committed, notwithstanding the principal offence may have been committed in another county, and the like proceeding shall be had therein, in all respects, as if the principal offence had been committed in the same county.

SEC. 105. When an indictment is found, the court may direct the clerk to issue a warrant, returnable forthwith. If no such order be made, the clerk must issue warrants upon all indictments, within ten days after the close of the term. The clerk, at the same time, must issue a summons for the witnesses.

SEC. 106. The warrant shall be issued to the sheriff of the county where the indictment is found, unless the attorney prosecuting direct the warrant to be issued to the sheriff of some other county. Warrants may issue to the sheriffs of different counties at the same time. The sheriff must execute the warrant, and serve the summons immediately, upon the same being delivered to him. SEC. 107. All offences are bailable by sufficient sureties, except murder, when the proof is positive or the presumption great.

SEC. 108. The court, at each term, must order the amount in which persons charged by indictment are to be held to bail, and the clerk must indorse the amount on the warrant. If no order fixing the amount of bail has been made, the sheriff may present the warrant to the judge of the court, and such judge must, thereupon, indorse the amount of bail required; or if there be no such judge in the county, the clerk may fix the amount of bail.

SEC. 109. When writs of attachment are returnable after the close of the term, the court must direct the amount of the bail to be required of the defendant.

SEC. 110. Arrest, is the taking of a person into custody, that he may be held to answer for a public offence.

SEC. 111. An arrest is made by an actual restraint of the person of the defendant, or by his submission to the custody of the

officer.

SEC. 112 The officer must inform the defendant that he acts under authority of a warrant, and must also show the warrant if required.

SEC 113. If, after notice of the intention to arrest the defendant, he either flee or forcibly resist, the officer may use all necessary means to effect the arrest.

SEC. 114. An arrest may be made on any day or at any time of the day or night. If any person arrested, escape or be rescued, the person from whose custody he made his escape or was rescued, may immediately pursue and retake the defendant, at any time and any place within this Territory. To retake the person escaping or rescued, the person from whose custody he made his escape or was rescued, has the same power to command as is given in cases of

arrest.

SEC. 115. Recognizance in criminal cases may be taken in open court, and entered on the order book.

SEC. 116. Any officer authorized to execute a warrant in a criminal action, may take the recognizance and approve the bail. He may administer oaths and examine bail as to sufficiency.

SEC. 117. Every recognizance taken by any peace officer, must be certified by him forthwith, to the clerk of the court, to which the defendant is recognized. The clerk must thereupon record the recognizance in the order book, and from the time of filing it shall have the same effect as if taken in open court.

SEC. 118. The defendant may, in place of giving bail, deposit with the clerk of the court to which the defendant is held to answer, the sum of money mentioned in the order, and upon delivering to the sheriff the certificate of deposit, he must be dischaged from custody.

SEC. 119. When any person is committed for an offence, and the amount of bail is specified in the warrant of commitment, the sheriff may take the recognizance, and approve the bail.

SEC. 120. When a surety desires to surrender his principal, he may procure a copy of the recognizance from the clerk; by virtue of which, the bail, or any person authorized by him, may take the principal, in any county within the Territory.

SEC. 121. The bail, at any time before final judgment against him, on a forfeiture of the recognizance, may surrender his principal in open court, or to the sheriff; and upon payment of all costs, may thereupon be discharged from all further liability upon the recognizance.

SEC. 122. The bail, must deliver a certified copy of the recognizance to the sheriff, with the principal; and the sheriff must accept the surrender of the principal, and acknowledge it in writing.

SEC. 123. Any defendant so surrendered may give other bail or remain in custody until discharged by due course of law.

SEC. 124. If without sufficient excuse, the defendant neglect to appear for trial or judgment, or upon any other occasion, when his presence in court may be lawfully required according to the conditions of his recognizance, the court must direct the fact to be entered upon the minutes, and the recognizance of bail, or money deposited as bail, as the case may be, shall thereupon be forfeited.

SEC. 125. The attorney prosecuting may, at any time after the adjournment of the court, proceed by action against the bail upon the recognizance. Said action shall be governed by the rules of civil pleading, so far as applicable.

SEC. 126. No action upon a recognizance may be defeated for any defect of form, or any omission of recital, condition or undertaking therein, or neglect of the clerk to indorse or record it, but the sureties shall be bound thereby, to the full amount specified therein. A recognizance may be recorded after execution is

awarded.

SEC. 127. Any recognizance forfeited by the prisoner shall be collectable upon execution, although he be afterwards arrested on the original charge; unless remitted by the court for cause shown.

SEC. 128. If any person indicted for a criminal offence, abscond or flee from justice, or cannot be found to be served with process; or being let to bail, shall not appear according to the condition of the recognizance, the cause may be continued from time to time without issuing process on the indictment; and such process may be issued at any time, upon the application of the attorney prosecuting.

ARRAIGNMENT AND OTHER PROCEEDINGS BEFORE TRIAL.

SEC. 129. All indictments shall be tried at the first term at which the defendant appears, unless the same be continued for cause. If the defendant appear, or be in custody at the time at which the indictment is found, such indictment shall be tried at that term, unless continued for cause.

SEC 130. It shall be the duty of the clerk of the court in which an indictment against any person for a capital offence may

be pending, whenever the defendant shall be in custody, or held by recognizance to answer thereto, to make out a copy of such indictment, and cause the same to be delivered to the defendant or his counsel, at least forty-eight hours before he shall be arraigned on such indictment. If the defendant plead and go to trial without objecting for the want of such copy, the neglect of duty by the clerk shall not be sufficient ground to set aside the verdict.

SEC. 131. Every person who shall be indicted for any offence not capital, who shall have been arrested, or held by recognizance to appear and answer to such indictment, shall, on demand, and on payment of the fees allowed by law therefor, be entitled to a copy of the indictment, and all indorsements thereon.

SEC. 132. If any person about to be arraigned upon an indictment for a felony, be without counsel to conduct his defence, and he be unable to employ any, it shall be the duty of the court to assign him counsel, at his request, not exceeding two, who shall have free access to the prisoner, at all reasonable hours.

SEC. 133. The defendant shall be arraigned by reading the indictment to him in open court, unless, such arraignment be waived; and such arraignment, or waiving thereof, shall be noted in the minutes of the court.

SEC. 134. Upon arraignment, the defendant, if he have no other plea, shall plead guilty or not guilty, which plea shall be oral, and entered on the minutes of the court.

SEC. 135. When any person shall be arraigned upon any indictment, and refuse to deny the charge in any form, or confess the same, a plea of not guilty shall be entered, and the same proceedings shall be had, in all respects, as if he had formally pleaded not guilty, to such indictment.

SEC. 136. No plea in abatement, or other dilatory plea to an indictment, shall be received by any court, unless the party offering such plea shall prove the truth thereof, by affidavit or other evidence.

SEC. 137. When any matters shall be pleaded to an indictment, as having occurred in any other county than that in which the indictment was found, it shall be tried in the same manner as if it had been alleged to have occurred in the same county where such plea is tendered.

SEC. 138. Every person indicted or prosecuted for a criminal