Prescott journal. [volume] (Prescott, Wis.) 1861-1871, 1869-02-12
Grand Juries.


elsewhere which is itself, or something
similar, designed to take the place of the
law regarding the Grand Jury:
[Chapter iss, session laws of Michigan, 1858.
bill to provide for the trial OF offences upon in
formation
SECTION /. That the several courts
of this state shall possess and may exer-
else the same power and jurisdiction to
hear, try and determine prosecutions up
on information for crimes, misdemeanors
and offenses; to issue writs and process,
and do all other acts therein as they
possess and may exercise in cases of like
prosecutions upon indictment.
SECTION 2. All informa lions shall
be filed during term in the court have
ing jurisdiction of the offence specified
therein, by the prosecuting attorney of
the proper county. As informant, he
shall subscribe bis name thereto and en-
dorse thereon the names of the witnesses
known to him at the time of filing the
same, and at such time before the trial of
any case as the court may, by rule or
otherwise, prescribe, he shall, also, en-
dorse thereon the names of such other
witnesses as shall then be known to him.
SECTION 3. All informations shall
be verified by the oath of the prosecuting
attorney, complainant or some other per-
son; and the offence charged therein
shall be stated with the same fullness
and precision, in matters of substance,
as is required in indictments in. like cases.
Different offences, and different degrees
of the same offence, may BE joined in one
information, in all cases where the same
might be joined by different counts in
one Indictment; and in cases of de-
PENDANT or defendants, shall have the
same rights as to all proceeding therein.
as he or they would have if prosecuted
for the same offense upon indictment.
SECTION 4. The act, entitled "an
act relative to indictments" approved the
tenth day of February, in the year one
thousand eight hundred and tifty-five,
and all provisions of law applying to
prosecutions upon indictments, to wriis
and process therein, and the issuing and
service thereof to motions, pIeadings,
trials and punishments, or the execution
of any sentence, and to all other proceed
ings in cases of indictment, whether in
the court of original or appellate, juris
diction 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.
SECTION 5. Any person, who may
according to law, be committed to Jail, or
become recognized or held to bail, with
suretes for his appearance in court TO
answer 10 any indictment, may, in like
manner, SO be committed to jail, or be-
como recognized and held TO bail for
his appearance, to answer to any infor
nation or indictments, rs the case may
be.
SECTION G. 1t shall be the duty of
the prosecuting attorney of the proper
county to inquire into all cases of pre-
urinary examinations, as provided by
law, touching the commission of any Of
tense whereon the offender shall be COM
mitted to Jail, or become recognized, or
held to bail; and if the prosecuting at
rnev shall determine in any such case,
that an information ought not to be filed,
he shall make, subscribe and file with
the clerk of the court, a statement in
writing containing his reasons, and in
fact, and in law, for not filing an infor
nation 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.
SECTION Z. Grand juries shall not
hereafter be drawn, summoned or requir-
ed to attend at the sittings of any court
within this State, as provided by law,
unless the Judge thereof snail so direct, by
writing, under his hand aud filed with
the clerk of said court.
SECTION s. No information shall be
filed against any person for any offence
until such person shall have had a pres
iminary examination therefor, as pro
vided by law, before justice of the
peace or other examining magistrate or
officer, unless such person shall waive his
right to such examination: Provided,
however, that information may be filed
without such examination, against fngi-
tives from justice, aud any fugitive from
Justice against whom an information
shall be filed. may be demanded by the
Governor of this State of the executive
authority of any other State or territory,
or if any foreign government, in the
same manner, and the same proceedings
may be had thereon as provided by law
in like cases Of demand upon indictment
filed.
SECTION 0. The Recorders court Of
the city of Detroit, shall be deemed
and be held to be one of the courts re-
ferred to in the first section of this act,
and the provisions Of this act shall ap
ply and extend to said court in the same
manner and to the same extent as to any
other court of this State, referred to in
said first section.