Watertown republican. [volume] (Watertown, Wis.) 1860-1906, 1871-05-10


the otfendsfs shah he known; but any period du
ing which the party cftareed was not actually al
publicly resident within this state, in which Il
party committing the offense was I!rtsuown as {
offender to the sheriff or prosecuting attorney
Tie county where the offense was committed, shs
not be reck0nsd as part of the six years
'Sec. 8. If the grand jury shall find and retur
to the court an indictmGht; or the proper offic,
shall file an information against any person who
not already in custody, process shall forthwith be
sued to arrest the person charged with the ofense
''Bec, 4. AS soon as may be after the finding of a
Indictment or the filing of an information for
crime punishable by imprisonment for life tt
party Charged shah be served with copy tbereo
/ by the sheriff OF Ills deputy, at east twenty-fou
! hours before trial.
"Sec. S. All persons indicted OF sGairist whor
an information is fled shall be tried before til
circuit court, unless they request to be arragned
the county court, and plead guilty theren,a herein
BEFORE. provided, and any prisoner indicted o
against wfiGtr zu information is filed for Grim
punishable by imprisonment in the state prison TO
life, shall, demand upon Che Gtssk, by himself O
his counsel, have list of the jurors fetutred, de
vered to him at least twent hours before trial
and shall also have process to summon such wit
nesses as necessary to Lis defense, at the ex
tSense of ttestate.
dses-e; Every person indicted or against whom
information Is fled for an ofense for which h,
may be imprisoned in tile ststc prison, shall, if hi
be under recognizance or in custody 80 answer fol
such ofense, be entitled to copy of the indict,s s
or information, and of all Endorsements thereon
without paying any fees therefor.
$780, T. The district attorney and all Other
prosecuting officers may in all cases issue subposnas
for witnesses to appear and testify in behalf of the
state, add the subteenas; Under the hand of such
officer shall have the baTfe form, and be obeyed in
the same manner, and under tie So ahe, penalties in
case of default as if issued by the clerk.
fSec. 8. 1t shall not be necessary to pay or ten.
der any fees to any witness who is subpenaed in any
criminal prosecution, but every such witness shall
be bound to attend, and be punishable for nom
attendance, III the same manner if the fees al
lowed ty Mw. had been paid to him.
tsSac Whe1lpvef indictment Ia found or
information filed against any pefs6 for atiy misde
meanor, for which the party injured may have a
remedy by civil action, except where the oense was
committed by upon any sheriff or other officer of
Justice, or rotously with intent to commit sell
ony, Che natty injured shall appear in court where
such indictraeHt OF is pending and ac-
court may on payment of the 6osts sccrped, order
all further proceedings to be stayed, and discharge
the defendant from the indictmet or information,
which shall forever bar all remedy for such Injury
by efY1 action.
sso' 1di When any person is arraigned upon
indictment Il shall not be necessary
in any case, to ask him toW Hs viii be tried.
Sec. H. If ON the arraignment 0s Sfiy person
who is indicted, or against whom any information
is fled he shall refuse to plead answer or shall
not confess the Indictment or information to be
true, the court shall order plea of not guilty to be
entered, and thereupon the proceedings shall be
ths saie aa # he bad pleaded not guilty to the in
dstR ssa % q EssS @ s. & ha bsyn msg be- upon an
information, shall, Il ne fsttu,re VI be
tried the next term of the court after the
expiration of six months from the time when he
was imprisoned or shall be bailed, upon his own
unless shall appear to the satisfaction
Of the G6tft that the witnesses behalf of the
state have been eutced or kept away, are detain
I'd and prevented from attending the court by sick
ness Of some inevitable accident;
"Sec. 13. when plea In abatemeet, OF other di-
atory plea to an Indictment or nfefnsat1Pn shall be
offered, the court may refuse 10 receive u ,tn tne
ruth thereof shall be proved by affidavit or other
Sec "A. Section one of chapter one hundred and
,eventy-eght of the revised statutes is hereby
lmended by adding after the word s'indictment,' in
he sixth line thereof, the words "or information"
Sectiol ty73 of said chapter is hereby amended by
ldding thereto after the word "found" in the frs4
inc thereof the words of Information fled" Sec
ion tttee of said chapter is hereby amended by
ldding thereto, otter the word found" wllere It
occurs in the third and hftt esj ste words cor in
ormation fled"
Sec Az Section one of chapter two hundred and
of the general laws of 1862 is hereby
mended by adding thereto, after the word "indict-
rnt,i'where it occurs in the third fifth ninth and
lfurs thereof, the words ''or informa-
ion' Section two 9f said chapter is hereby amend
ID ~ adding thereto after the w"ra .'ind'rtT.C5.
n the fourth itisg fF1eteof, fhe't
ion.' puuvw<~sss
Sec 49, Section one of chapt
eventy-nine of the revised statnte.s .
ID by adding thereto, after the word indictment, IN
@ ling here the wefds hereby eF aended by
ddng thereto, after dc FORD ,tsitsdteted in the
irst line thereof, the words "or ass an IN
ormation is fled" Section seven OF said sfFfter
6 hepaby amended by adding thereto, after the word
indicted In the first and second lines thereof the
yords..' g OF against whom an information is MED.
sectiob nine e said CHAPTER Is hereby amended by
inc thereof, the words ''os nfonfef against /" and
oy adding after the word 'indictmeiit ID me third
md seventh lines, the words cor Information sec
ion ten of said chapter is hereby amended oy ADD
nS thefeto, after the word 'indictment," in the
first li1le, tia &ofds- Ter Information Section
eleven of said cIrrsef IS hereby aflended by add
ing thereto, after the word .ip1icfAd g tps ssst
ion thirteen of said chapter is hereby aifitdec ey
adding thereto after the word indictment, IN the
irst limo, the words cor information
Sec n Section six of chapter one hundred ana
eight Of the revised statutes Is hereby amended by
adding thereto, after the yqfa sindietment," in the
second line the words 'of infotmst
Sec 49, Section two of chapter one hJtIfdred apd
slghty-one of the revised statutes is hereby
by adding thereto, after the word indictment, IN
the second line, the words ''or information"
Sec. 40. Section one OF chapter one hundreu anu
sixtythree of the revised statutes is hereby amenoed
as TO read follows: Sec. No person shali De
held to answer for criminal ofense unless on the
or i1dicifieht of grand Jury, or upon
information duly filed against him In the manner
provided by law except in cases of impeachment, or
cases cognizable by justices of the peace or arls
ing in the army militia, when in actual service, IN
time of war or public danger.
Sec. so. Section three of said chapter one nun
dred and sixty-three is hereby amended by addlng
thereto after the word indicted in the hrst line,
the words "or informed against" Section tour OF
said chapter is hereby amended by adding after the
word s'indictment,n where it occurs in the second
and sixth lines thereof, the words 'or information
Section five of said chapter is hfreby amended by
adding after the word ''indicted" in the first line
thereof, the words !'6f informed against" and by
adding after the word 'indictment, where it occurs
in the third fourth and fifth lines thereof the words
hereby amended by adding thereto, after the word
"person 7" at the end of said section, the words or
jurisdiction to award sentence upon plea OF guilty.
Sec. 81. Section seven OF chapter one nundreo
and sixty-four of the revised statutes is hereby
amended by adding thereto, after the word 1ndlct-
ed" where it occurs in the second hne, the words
'or informed against"
Sec 81 Section five of chapter one hundred and
seventy of the revised statutes is hereby amended
bv adding thereto after the word 'found," in the
tenth line the words cor Information fled" Sec
ton seven of said chapter is hereby amended by
adding thereto, after the word "indicted," in the
first line the words cor informed against" and af-
ter the word ''indictment," in the third line, the
words ''orinformation."
seventy two of the revised statutes is hereby amend
ed by adding after the word "indicted, in the third
and fifth lines, the words "or informed against
Section three of said chapter is also amended by
adding thereto, after the word indicted" in the
second and fourth lines, the words cor informed
against" Section five of said chapter Is hereby
amended by adding thereto, after the word '1nd1ct-
ed in the third line, the words Uniformed
against" Section seven of said chapter is amended
by adding thereto after the word ''indictment,' IN
the third lne the words ''or information Section
ten of said chapter is hereby amended by adding
thereto after the word 'sindictment" in the fifth,
ninth and tenth lines, the words "or information.
Section twelve of said chapter is amended by add
ing after the word 'indictmen" in the fourth line
the words cor information"
Sec 54 Section fifteen of chapter one hundred
and seventyslx of the revised statutes is hereby sc
amended as to read as follows: 'Section 15. All the
testimony of the witnesses examined shall be reduc
ed to writing by the magistrate, under his dlrec
ton and shall be signed by the witnesses"
Sec SIS. Section twenty-six of said chapter one
hundred and seventy-six is hereby amended so al
to read as follows: 1'Sec. 26. All examinations ev1
dence and recognizances taken by any magistrate il
pursuance of the provisions of this chapter, shall b
certified and returned by him to the clerk OF th
court efore which the party charged is bound t.
appear within ten days after the close of such exam
ination and if such magistrate shall neglect or re
fuse to return the same, he may be compelled forth
with to do so by rule of the circuit or county court
and in case of dsobedience may be proceede'
| against by attachment, for contempt, ana 10
such neglect shall also be liable to penalty of TWEEN
ty dollars to be collected in an action against mn
as other fines are collected"
Section. Sc. Nothing in this act contained shall
so construed have the effect to direct or depr1y
| the municipal court (Which was established by tn
provisions of chapter i99 of the laws OF Wisconsin
published in the volume of laws styled private an
local laws of 1859, pages $50 to 394. inclusive en-
titled Fan act to establish municipal court IN tn
city and county of Milwaukee," approved March Il
1857 of any of the jurisdiction, power or author1t
now by law vested in said municipal court; ana a