The St. Cloud journal. [volume] (St. Cloud, Minn.) 1866-1876, 1868-04-09

endorse thereon the names Of the witnesses
known to him at tho time Of filing the same;
and at such time before the trial Of any case,
rs the court may by rule or otherwise pre-
scribe; no shall also endorse thereon the names
of such other witnesses as shall. be known to
him.
Sec 8. All informations shall be verified
by the oath of the prosecuting attorney, COM
plainant or some other person, and the offense
charged therein shall be stated with the same
fulness and precision in matters Of substance
as is required in indictments in like cases.
Different offenses and different degrees Of the
same offense, may be joined in one information
in all cases where the same might be joined
by different counts in one Indictment and in
all cases defendant or defendants shall have
the same rights as to all proceedings therein,
as he or they would have, if prosecuted for
tho same offense upon indictment.
Sec. 4. All the laws of this State applying
to prosecutions upon indictments, to writs and
process therein, and the issuing and service
thereof to motions, pleadngs, trials and pun
ishments, or the execution of any sentence,
and to all other proceedings in cases of indict-
ment,whether in the court Of original or ap-
pellate jurisdiction shall in the same manner,
and to the same extent as near as may be, ap-
ply to informations, and all prosecutions and
proceedings thereon.
SEC. S. Any person who may according to
law be committed to Jail, or become recog-
niZed or held to bail with sureties for his ap-
pearance in court to answer to any indictn30Rt,
may in like manner, so be committed to IN,
or become recognized and held to bail for his
appearance to answer to any information or
indictment, as the case may be.
Sec. 6. 1t shall be the duty of the prose-
cutting attorney Of the proper county to in:
quire into, and make full examination Of all
the facts and circumstances connected with
any case of preliminary examination, as pro-
offense wherein the offender shall be commit
ted to Jail. or become recognized or held to
bail; and if the prosecuting attorney shall de-
termine in such case, that an information ought
not to be filed, he shall make, subscribe and
file with the clerk of the court, statement in
writing, containing his reasons, in fact and in
law, for not filing an information in such case,
and such statement shall be filed at and during
the term of the court at which the offender
shall be held for appearance.
Provided, That in such case, such court may
examine said statement, together with the evil
dence filed in the case, and if, upon such ex-
animation, the court shall not be satisfied with
said statement, the prosecuting attorney shall
be directed by the court, to file the proper in
formation, and bring the case to trial.
Sec. Z. Grand juries shall not hereafter be
drawn, summoned, or required to attend at
the sittings Of any courts within this State, as
provided by law, unless the judge thereof shall
so direct by writing under his hand, and filed
with the clerk of SAID court.
Sec. s. No information shall be filed
against any person for any offense, until such
person shall have had a preliminary ex-
animation therefor, as provided by law, before
a justice Of the peace, or other examining
magistrate or officer, unless such person shall
waive his right to such examination; Provid-
ed, however, That informations may be filed
without such examination against fugitives
from justice, and any fugitive from justice,
against whom an information may be filed
may be demanded by the Governor of this
State, of the executive authority of any other
State or Territory, or of any foreign govern
ment, in the same manner, and the same pro-
ceedings may be had thereon as provided by
law in cases of demand upon Indictment filed.
Sec. 9. This act shall take effect and be
in force from and after the proclamation by
the Governor, of the ratification by the peo-
pie, of the Legislative proposition to amend
section seven (7) of article one ~ of the con-
stitution of this State.
Approved March 6, 1868.
AN ACT to amend section two hundred and
twenty-six (226), title seventeen (l7), Of
chapter sixty six (66(, of the general statutes,
relating to trials by the court, and to repeal
section two hundred and twenty-seven (227,
of said chapter.
Be 1t enacted By the Legislature Of the State Of
Minnesota:
SECTION l. That section two hundred and
twenty six (226), title seventeen Q7) of chap
ter sixty-six (66) Of the general statutes, be,
and the same is hereby amended so as to read
as follows:
Section 226. In addition to the general
terms, the district court is always open for the
transaction Of all business; for the entry of
judgments of DEGREES, of orders of course, and
all such other orders as have been granted by
the court or judges, and for the hearing and
determination of all matters brought before the
court or judge, except the trial of issues of fact
The judges of the several district courts, may,
by order, appoint such special terms in the
counties of their respective districts,
as may be deemed necessary or convenient
and at such terms all business hereinbefore
mentioned, may be transacted. When any
matter is heard by the court or judge, the de-
csion may be made out of term; and such de-
cision may be an order or direction that an
order or Judgment or decree be entered;
and upon filing in the Office of the clerk in
the county where the action or proceeding is
pending, the decision in writing, signed by
the judge, an order or judgment or decree, as
the case may require, if any shall be entered
by such clerk, in conformity with such decis-
ion.
Sec g. That section two hundred and
twenty-seven (227,) of said title and chapter,
Sec. 3. This act shall take effect and be in
force from and after its passage.
Approved February %, 1868.
AN ACT to amend section one hundred and
forty-nine (l49) of chapter sixty.six (66),
of the General Statutes, in relation to garn-
ishment.
Be 1t enacted by the Legislature Of the State Of
Minnesota:
T1ah !