, 1854-05-20


defendant is reversed, and it appears that no.
offence whatever has been committed, the
supreme court must direct that the defend
ant be discharged but if it appear that
the defendant is guilty Of an offence, al
though effectively charged in the. indict-
ment, the supreme court, if the defendant
Is imprisoned, must direct the keeper Of the
place of confinement TO cGuse the prisoner
TO be returned to the sheriff Of the proper
county, there to abide the order of the dis
trict court thereof and such keeper shall
be entitled to the usual fees therefor.
Sec. 1863. No appeal or writ of error
shall be dismissed for any informality or
defect in taking or sueing out the same, if
such informality or defect shall be corrected
within reasonable time.
Sec. ITO. All opinions Of the supreme
court in criminal prosecutions, must be Civ
en- in writing, and recorded in the order
book.
Sec. Ill. A transcript Of any order or
Judgment, or both, Of the supreme court,
certified under the seal of the court, shall
be sufficient authority to any court, or to
any officer on whom it may be served, to
proceed according to its mandate.
Sec l72. All criminal prosecutions here
tofore decided 10 this Territory, may at any
time within one year after the decision
thereof, be re-examined on writs of error,
and within two years after such decision,
may be re-examined on appeal according to
the provision Of this act, and on such re-
examinations, the court shall be governed
by the law then in force.
Sec. l73. The supreme court shall have
power TO make any rules not inconsistent
with the provisions Of this or other acts.
,- PARpoNs AND REsPITEs.
Sec. ia. Whenever prisoner has been
sentenced to death, the governor shall have
power to commute such sentence to imprs-
onment for life, at hard labor and in all
cases in which the governor is authorized
TO grant pardon, or commute sentence oi
death, he may upon the petition Of the per
son convicted, commute a sentence or grant
pardon upon such conditions, and with
such restrictions, and under such limitations
as be may think proper and he may issue
his warrant to all proper officers, to carry
into effect such pardon or commutation ;
which warrant shall be obeyed and execu-
was originally given. The governor may
also, on good cause shown, grant respites
or reprieves from time to time, as be may
think proper.
f MISCELLANEOUS PROVISIONS.
Sec. IFS. All recognizances taken and
forfeited before any justice Of the peace,
or magistrate, shall be forthwith certified 10
the clerk of the district court Of the coun-
~ and it shall be the. duty of the prose
cutting attorney to proceed at once by &C
ton against all the persons bound in such
recognizances and in all forfeited recogui-
zanees whatever, or such Of them as he may
elect to proceed against.
Sec. l76. No action brought on any
recognizance given in any criminal pro-
ceeding whatever, shall be barred or de-
feated nor shall Judgment be arrested
thereon by reason of any neglect or omis-
sion to note or record the default Of any
principle or surety, at the term when such
default shall happen, by reason Of any such
defect in the form of the recognizance, If it
sufficiently appear from the tenor thereof,
ct what court or before what justice the
party or witness was bound to appear and
that the court or magistrate before whom
II was taken, was authorized by law to re-
quiPe and take such recognizance and q
recognizance may be recorded after execu-
ton awarded.
Sec. 1T. No prisoner or person under
recognizance who shall be acquitted by
verdict, or discharged because no indict-
ment has been found against him, or for
want Of prosecution, shall be liable for any
costs or fees Of any officer, or for any
charge for subsistence while be was in Gus.
tody, except for the fees Of witnesses sum.
moned by him, and those Of the officer
Summoning such witnesses
Sec. lTS. Bail shall, when required,
Justify as in civil cases.
Sec. 179. To make an arrest in criminal
actions, the officer may break open any
outer or inner door, or window Of dwell.
ling house or other building, or any other
enclosure, If after notice Of his Office and
purpose he be refused admittance.
Sec- $50. The plea Of the benefit Of
clergy is abolished.
Sec. lSl. The laws and usages Of this
Territory relative to pleading and practice,
heretofore in force in criminal cases, and
not inconsistent herewith, as far as the
same may operate in aid hereof, or to supply
any omitted case, are hereby continued in
force.
Passed April 2s, 1854.
1 certify the foregoing is true copy Of
the original act.
c. H. MASON,
Secretary q fhs Territory Of Warrington.