, 1854-05-13

states ol America, your own COUNSEL, anu
that of your fellows, you shall keep secret :;
you shah present no person through envy,
hatred or malice; neither will you leave
/ any person unpresented through fear favor,
affection or reward, or the hope thereof;
but that you will present things truly, as
| they come to your knowledge according to
| the hest Of your understanding, and accor-
i ding to, the laws Of this Territory, SO help
YOU God.
Sec. so A foreman of the grand jnry
shall be appointed by the court, who may
remove him and appoint another at any
I time, and such foreman shall have power
to administer all oaths and affirmation TO
witnesses, who shall appear before such
grand jury, and the jury may appoint
one of their number as clerk to keep q
minute of their proceedings.
Sec. 81. The grand jury shall be charg-
ed by the court as to the nature of their
duties, and may at any reasonable time ask
the advice Of the court as to any legal queS-
tion upon which they may desire informo-
ton.
Sec. 50. The prosecuting officer may
attend on the grand jury for the purpose of
examining witnesses, and giving them such
advice as they may ask
See. SO. The grand Jury shall especially
inquire as to the offence Of any person con-
fined in prison on a criminal charge; into
the condition and miSmanagement of the
public prisons in the county; into the will
ful misconduct in Office of public officers,
and shall in their discretion examine the
public records of the county
Sec. 54. The grand jury are not bound
to hear evidence for the defendant; but it
is their duty to weigh all the evidence sub
mitled to them, and when they have reason
10 believe that other evidence within their
reach will explain away the charge, they
should order such evidence to be produced,
and for that purpose may cause process to
issue for the witnesses.
See. So. No indictment shall be found
unless twelve grand jurors vote for the find
ing thereof
See. Sc. No grand juror shall disclose
the fact that an indictment for felony has
been found against any person not in Gus
tody or under recognizOnce, until such per-
son has been arrested
Sec. 81. No grand juror shall be allow
ed to state or to testify in any court in
what manner he, or any other member of
the jury, voted on any question before them,
or what opinion was expressed by any juror
in relation to such question, or what queS-
tion was before them; and in charging the
grand jury, the court shall remind them Of
the provisions of this and the preceding sec
tions.
Sec So Whenever the grand jury shall
have been dismissed at any term of the
court, for which they shall have been en-
panelled, before the final adjournment, they
may be summoned to attend again at the
same term, if necessary and if full jury
do not attend, the number may be compile
ted from the bystanders.
INDICTMENTS.
Sec. so. Indictments shall be signed
by the prosecuting attorney, and endorsed
a true bill and such endorsement, signed by
the foreman Of the grand jury, and the
names of the witnesses examined before
the grand jury, or relied in by the Territory
endorsed thereon, and returned into open
court.
See. go. The court shall examine the
indictments returned, and if it appear that
the prosecuting attorney has neglected to
I sign his name, or the foreman of the grand
Jury to sign the endorsement of a true bill,
or that the names Of the witnesses are not
endorsed thereon, the court must cause the
proper correction to be made in. the pres
ence of the grand jury.
Sec. 6l. An indictment shall specify
the name of the court, and the names CT
the parties. 1t shall be direct and certain
as regards the party charged, the offence
charged, and the particular circumstances
Of the offence charged when necessary.
Sec. So No indictment shall be quash-
cd for q mistake in the name Of the county
in the title, for want of ON allegation of
time or place Of any material fact, when
they have been once stated in the body Of
the Indictment nor because figures are used
to express dates and numbers, nor for any
mistake in concluding, contrary to the form
of the statute or statutes, as the case may
be, or for omission of the words, force and
arms" or against the peace and dignity
of the Territory of Washington" or for the
want of the signature Of the prosecuting at
torney.
Sec. 63. All indictments may be amend
ed by the record, and in all matters of
form, when the same can be done without
injury to the substantial rights of the de-
f.ndant.
Sec. Ct. In an indictment for an offence
committed in relation TO property, it is snlli-
cient to state the name Of any one, or names
of several or joint owners.
Sec. 65. lnpleading judgment or 9th
er determination of court or officer of
special jurisdiction, it is sufficient to allege
generally, that the judgment or determina-
ton was duly made or. had before such
nnnrt or nlIirnr. hnf the fnrfs constituting