CHAPTER 163. es, before him, at any time in vacation or between the terms of the TITLE XXXI. court having cognizance of the offence, for the purpose of compelling such witnesses to enter into any recognizance required by the provisions of this section. ties. SEC. 20. If the magistrate shall be satisfied by due proof, that there When with sure is good cause to believe that any such witness will not perform the condition of his recognizance, unless other security be given, such magistrate may order the witness to enter into a recognizance, with one or more sureties as may be deemed necessary, for his appearance at court. of married wo SEC. 21. When any married woman or minor is a material witness, Recognizances other person may be allowed to recognize for the appearance of men and minors. any nize; commit SEC. 22. All witnesses required to recognize, either with or with- Refusal to recog out sureties, shall, if they refuse, be committed to prison by the mag- ment. istrate, there to remain until they comply with such order, or be discharged according to law. whom let to bail. SEC. 23. Any justice of the supreme court, circuit court commis- Prisoners by sioner, or any judge of any county court for any county, on application of any prisoner committed for any bailable offence, and after due notice to the prosecuting attorney for the county, may inquire into the case, and admit such prisoner to bail; and any person committed for not finding sureties to recognize for him, may be admitted to bail by any of the said officers. whom complaint sociate with him SEC. 24. Any magistrate, to whom complaint is made, or before Magistrate to whom any prisoner is brought, may associate with himself one or is made, may asmore other magistrates of the same county, and they may together self one or more execute the powers and duties conferred upon such magistrates re- other magistrates spectively by this chapter; but no fees shall be taxed for such asso ciates. recognizances to SEC. 25. All examinations and recognizances, taken by any magis- Examination and trate, pursuant to any of the provisions of this chapter, shall be forth- be certified, rewith certified and returned by him to the clerk of the court before which turned, &c. the party charged is bound to appear, and if such magistrate shall refuse or neglect to return the same, he may be compelled forthwith by rule of the court, and in case of disobedience, he may be proceeded against by attachment as for a contempt. SEC. 26. Officers before whom persons charged with crime shall be brought, shall have power to let to bail as follows: 1. Any justice of the supreme court, or a circuit court commissioner, or any judge of any county court for any county, in all cases, except for capital offences, or for murder in the first degree, when the proof is evident or the presumption great: 2. Any judge of the county court for any county, in all cases where the punishment for the offence charged shall be less than imprisonment for life in the state prison: 3. Any justice of the peace, or mayor, or recorder of a city, in all cases where the punishment for the offence charged shall not be more than ten years imprisonment in the state prison. When prisoners charged with crime may be let to bail. Const. art. 1, §12. circuit courts SEC. 27. The several circuit courts shall have power to let to bail In what enses any person committed, in all cases in which a justice of the supreme may let to bail. court is authorized to let such person to bail. SEC. 28. When any person brought before a justice of the peace Commitments shall be committed to prison, or shall be under recognizance to an- recognizances superseded and TITLE XXXI. discharged, on of satisfaction. swer to any charge of assault and battery, or other misdemeanor, for which the injured party shall have a remedy by civil action, if the injured party shall appear before the magistrate having cognizance of acknowledgment the offence, who made the commitment or took the recognizance, and acknowledge in writing that he has received satisfaction for the injury, the magistrate may, in his discretion, on payment of the costs which have accrued, discharge the accused or the recognizance, or supersede the commitment, by an order under his hand; and may, in like manner, discharge all recognizances, and supersede the commitment of all witnesses in the case. Order for dis charge of recog nizance where filed, and order superseding commitment, to SEC. 29. Every such order discharging any recognizance, shall be filed in the office of the clerk of the county; and every such order superseding the commitment of the offender or any witness, shall be delivered to the keeper of the jail where he shall be confined, who shall whom delivered, forthwith discharge him; and every such order, if so filed and delivered, and not otherwise, shall forever bar all remedy by civil action for such injury. &c. Effect of acknowlegment of injured party in case of indictment found, &c. The three last preceding sections qualified. Action upon re. cognizance not barred by neglect to note default of principal, &c. 2 Greenl,, 62. 9 Mass., 520. 12 do. 1. 16 do. 447. SEC. 30. If an indictment shall be found on any such charge, the injured party may in like manner appear in the court where such indictment is pending, and acknowledge satisfaction for the injury and damages sustained by him; and such court may, in its discretion, on payment of the costs incurred, order that no further proceedings be had on such indictment, and may discharge the defendant therefrom; which order shall operate as a perpetual stay of all further proceedings on such indictment. SEC. 31. The provisions of the three last sections shall not extend to any charge or indictment for any assault and battery or other misdemeanor, charged to have been committed by or upon any officer or minister of justice, whilst in the execution of the duties of his office, or riotously, or with an intent to commit a felony. SEC. 32. No action brought upon any recognizance entered into in any criminal prosecution, either to appear and answer, or to testify in any court, 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 time when such default shall happen, nor by reason of any defect in the form of the recognizance, if it sufficiently appear from the tenor thereof, at what court the party or witnesses (witness) was bound to appear, and that the court or a magistrate before whom it was taken, was authorized by law to require and take such recognizance. Court may dis charge grand ju rors in certain cases; deficien cies, how sup plied. CHAPTER 164. OF INDICTMENTS AND PROCEEDINGS BEFORE TRIAL. SECTION 1. Any court in which a grand jury may be sitting, may discharge any of the grand jurors for intoxication or other gross misconduct; and in case of such discharge, 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 CHAPTER 164. among the by-standers, or inhabitants of the city, township or village, TITLE XXXI. having the qualifications required by law, and to be sworn and serve in his stead. ed and sworn. SEC. 2. The clerk of the court shall prepare an alphabetical list of Grand jurors, all the persons returned as grand jurors, and when the jury is to be im- how impannelpanneled, the two persons first named on the list, shall be first called, and the following oath 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." SEC. 3. The other grand jurors shall then be called in such divi- Jb. sions 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 you, on your part, shall well and truly observe and keep; so help you God." Affirmation may be substituted SEC. 4. Any person returned as a grand juror, shall be allowed to make affirmation, substituting the word " affirm," instead of the word for oath. "swear;" and also the words, "this you do under the pains and penalties of perjury," instead of the words "so help you God." sons to be sworn man. SEC. 5. There shall not be less than sixteen persons sworn on any Number of pergrand jury; and after such jurors have been impanneled, and have re- as grand jury; ceived their charge from the eourt, they shall retire with the officer election of foreappointed 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. in case of his death, &c. anoth SEC. 6. The foreman elected by the grand jury in the manner pro- Foreman to serve until discharged; vided in the preceding section, shall be foreman during the whole time they are required to 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. er to be elected. Person held to answer, &c. may object to compe tency of juror in SEC. 7. A person held to answer to any criminal charge, may object to the competency of any one summoned to serve as a grand juror, on the ground that he is the prosecutor or complainant upon any certain cases. charge against such person; and if such objection be established, the person so summoned shall be set aside. SEC. 8. No challenge to the array of grand jurors, or to any person When array not to be challenged summoned as a grand juror, shall be allowed in any other case than that specified in the preceding section. &c. SEC. 9. The foreman of every grand jury, the attorney general, and who may adthe prosecuting attorney or other prosecuting officer, who shall be be- minister oaths, fore them, shall have authority to administer all oaths and affirmations, 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. TITLE XXXI. Jury may ap point clerk, &c. Grand jury dismissed before SEC. 10. The grand jury may appoint one of their number to be their clerk, to preserve minutes of their proceedings and of the evidence given before them; which minutes shall be delivered to the prosecuting officer, when so directed by the grand jury. SEC. 11. When the grand jury attending any court shall have been adjournment of dismissed before the court is adjourned without day, they may be summoned to attend again, in the same term, at such time as the court shall direct, for the despatch of any business that may come before them. court may be summoned again. Secrecy of ju SEC. 12. No grand juror or officer of the court shall disclose the rors and officers. 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. Upon complaint for perjury, &c., jurors may be fy, &c. SEC. 13. Members of the grand jury may be required by any court to testify, whether the testimony of a witness examined before such required to testi- jury is consistent with, or different from, 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. Duty of prosecu. ting attorney. May issue subpœnas, &c. May appear be &c. SEC. 14. Whenever required by the grand jury, it shall 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. SEC. 15. The prosecuting attorney and other prosecuting 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. SEC. 16. The prosecuting attorney of the county, or other prosecufore grand jury, ting officer, shall be allowed at all times to 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 during the expression of their opinions, or the giving of their votes, upon any matter before them. Bill not to be found without concurrence of 12 jurors, &c. Limitation of criminal prose cutions. Indictments to be presented to 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. SEC. 18. An indictment for the crime of murder may 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 resident within this state, shall not be reckoned as part of the six years. SEC. 19. Indictments found by a grand jury, with the names of the complainant and all the witnesses endorsed on the back thereof, shall court by foreman; be presented by their foreman, in their presence, to the court, and to be filed, &c. 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. TITLE XXXI. CHAPTER 164. held in prison, SEC. 20. Any person held in prison on any charge of having com- When person mitted a crime, shall be discharged if he be not indicted before the &c., to be disend of the second term of the court at which he is held to answer, un- charged. less 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. oner. SEC. 21. When any person held in prison on a charge of having Insanity of pris 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. of indictment. SEC. 22. Every person indicted for any offence, who shall have Person indicted been arrested upon process issued upon such indictment, or who shall entitled to copy have duly entered into recognizance to appear and answer to such indictment, shall, on demand, be entitled to a copy of the indictment and of all endorsements thereon. pros. without warrant for ar SEC. 23. It shall not hereafter be lawful for any prosecuting attor- Pros. attorney ney to enter a nolle prosequi upon any indictment, or in any other not to enter nol. way to discontinue or abandon the same, without the leave of the court leave of court. having jurisdiction to try the offence charged, entered in its minutes. SEC. 24. A warrant for the arrest of any person indicted, may be Who may issue issued by the court to which the indictment shall be presented, or by rest of person inany justice of the supreme court, or judge of the court for the county in which such indictment shall be found, either in vacation or during the sitting of any such court; but such warrant shall not be issued by any other officer. dicted. To whom war rant to be direct SEC. 25. Every warrant so issued shall be directed to the sheriff or any constable of the county in which the indictment shall be found, ed. and may be executed in any part of this state. defendant's wit SEC. 26. The clerk of any county in which an indictment shall be Clerk to issue found, upon the application of the defendant, and without requiring subpoenas for any fees, shall issue subpoenas, as well during the sitting of any court nesses. as in vacation, for such witnesses as the defendant may require, whether residing in or out of the county. to subpoena, how SEC. 27. Disobedience to any subpoena issued pursuant to the fore- Disobedience going provisions, shall be punished in the same manner, and upon the punished. like proceedings, as provided by law in other cases; and the person guilty of such disobedience shall be liable to the party at whose instance such subpoena issued, in the same manner, and to the like extent as in cases of subpoenas issued in any civil suit. witness not necessary. SEC. 28. It shall not be necessary to pay or tender any fees what- Tender of fees to ever, to any witness subpoenaed on the part of the people of this state, in support of any prosecution, or to any witness subpoenaed on the part of any defendant in any indictment; but such witness shall be bound to attend, as if the fees allowed by law to witnesses in civil actions had been duly paid to him. |