The Superior times. [volume] (Superior, Wis.) 1870-1912, 1871-05-20

crime punishable by Imprisonment for life, the
party charged shall be served with copy thereof,
| by the sheriff or his deputy, at east twenty-four
hours before trial.
"Sec. 5. All persons indicted or against whom
an information is fled shall be tried before the
circuit court unless they request to be arragned in
the county court and plead guilty therein herein
before provided, and any prisoner indicted or
against whom an information is filed for a crime
punishable by imprisonment in the state prison for
life, shall, demand upon the clerk by himself or
his counsel, have list c the jurors returned. de-
hvered to him at least twenty hours before trial
aiii snaii aiso nave process 20 summon such Wit
nesses as are necessary to Lis defense, at the
pense of thestate.
. Sec. 6. Every person indicted or against whom
an information is filed for an offense for which he
may be imprisoned in the state prison. shall, if he
be under recognizance or in custody to answer for
such offense be entitled to copy of the indictment
| or information, and of all Endorsements thereon,
without paying any fees therefor.
"Se6. Z. The district attorney and all other
prosecuting officers may in all issue subpanas
Tor witnesses to appear and testify i'll behalf of the
state, and the subp9nas, under the hand of such
! ofhcer shall have the same form, and be obeyed in
the same manner, and under the sa ne penalties in
case OF default, as If issued by the clerk.
"Sec. 8. 1t shall not be necessary to paw or ten
der any fees to any witness who is subpenaed IN aiy
criminal prosecution, but eve.y such witness shall
be bound to attend and be punishable for nom
| attendance in the same manner as if the fees al
! lowed by law bad been paid to him.
Sec 8. Whenever an indictment is found
meanOr, for which the party injured may have a
remedy by civil action, except where the oense
committed by or upon any sheriff or other officer of
Justice or riotously or with intent to commit a sell
cny if the party injured shall appear in court where
| such Indictment or information is pending and ac-
knowledge satisfaction for the injury sustained, the
court may, payment of the costs accrued, order
all further proceedings to be stayed and discharge
! the defendant from the indctmet information,
which shall forever bar all remedy for such injury
by civil action.
sSec. 10. When any person is afraigned upon an
indictment information, it shall not be necessary
10 any case, to ask him how he will be tried.
| Sec. IL. If on the arraignment of any person
who is indicted, against whom any information
is filed, he shall refuse to plead answer, shall
not confess the Indictment information to be
true the court shall order plea of not guilty to be
| entered, and thereupon the proceedings shall be
the same as If he had pleaded rot guilty to the in
! dictment or information, as the case may be.
| . Sec r. Every person held in prison upon an
Indictment or information SHALL if he require it, lie
tried as soon as 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 re-
cognzance unless it shall appear to the satisfaction
| of the court that the witnesses behalf of the
state have been enticed kept away or are detain
! ed and prevented from attending the court by sick
ness or some inevitable accident.
Sec 10. When plea In abatemeet, or other di-
laory plea to indictment information shall be
offered, the court may refuse to receive it until the
truth thereof shall be proved by stfdavit or other
evidence"
sec. "A. Section one of chapter one hundred and
seyenty-eight of the revised statutes is hereby
amended by adding after the word indictment" in
the sixth line thereof, the words cor information,
Section two of said chapter is hereby anendcC Ly
adding thereto after the xo-d found IN the hrsl
line theteof, the words cor information fled" Sec
ton three of said chapter is hereby amended by
adding thereto after the word "found,' where it
occurs in the third and fifth lines, the words cor in
formation fled"
Sec As. Section one of chapter two hundred and
twenty-five of the general laws of 1862, is hereby
amended by adding thereto, after the word ,.indiet
nient where it occurs in the third fifth, ninth and
fourteenth lines thereof, the words cor informa-
ton, Section Two OF said chapter is hereby amend
cd 10y adding thereto after the word ''indctment,"
in the fourth line thereof, the words or informa-
ton"
Sec. As Section one of chapter one hundred and
seventy-niDe of the revised statutes IS hereby amend
ed by sddihG thereto, after the word Indictment IN
the first line thereof, the words "or information
Section three of said chapter is he.eby amended by
adding thereto, after the word indicted" in the
FIST line thereof the words cor against whom an in
formation is fled Section seven of said chapter
is hereby amended by adding thereto after the word
indicted, in the first and second lines thereof, the
words g or against whom an Information Is fled"
Section nine of said chapter is hereby amended by
adddth thereto, after the word indicted in the first
line thereof the words cor informed against :" and
by adding after the word 'Ipdicment, in The third
and seventh lines, the words 'or information. Sec
ton ten OF said chapter is hereby amended by add
ing thereto, after the word indictment" in the
first line, the words "cr information" Section
eleven Of said chapter is hereby amended by add
ing thereto, after the word indicted IN the first
line thereof the words cor informed against" Sec
ton thirteen of said chapter is hefsby amended by
adding thGteto after the word indictment, in the
Grst line, the words ''or information. y O.,
Sec Al Section SIX of chapter one hundred and
eighty of the revised statutes is hereby amended by
adding thereto, after the word indictment in the
second 4ne, words 'or information"
Sec As Section two of chapter one hundred and
elgbtyone of the revised statutes is hereby amended
Yt@sdnG fhhre' Gl9 ster the Bnr, cRa.tf.H"t p in
Sec. 40, Section one OF chapter one hundred and
sxyGhree of the revised statutes is hereby amended
so as TO read as follows: Sec l. No person shall be
held to answer for criminal offe nse unless the
presentment or indictment of grand jury, upon
an information duly filed against him in the manner
provided by law except in of impeachment or
IN cases cognzabe by justices of the peace, or arts
ing in the army militia when in actual service in
time OF Taror public dannev.'
Sec. 80. Section three OF said chapter one hun
dred and sixty-three is hereby amended by adding
thereto after the word indicted, in the first line
the words cor informed against" Section four of
SAID chapter is hereby amended by adding after the
word indictment" where il occurs III the second
and sixth lines thereof, the words '.or formation"
Section five of said chapter hereby amended by
adding after the word ''indicted, the first line
thereof, the words |or informed against 4" and nv
adding after the word indictment where occurs
In the third, fourth and fifth lines thereof, the words
! or n1ormatlon Section six of said chapter is
hereby amended by adding thereto, after the word
person., at the end of said section, the words "or
jurisdiction to award sentence upon plea of guilty"
| sec 81. Section seven of chapter hundred
| and slXty-four of the revised statutes is hereby
amended by adding thereto after the word 'indict-
ed where it occurs in the second line the words
cor informed against
! Sec 81. Section five of chapter one hundred and
seventy of the revised statutes is hereby amended
by adding thereto after the word found" in the
tenth line the words Cor information fled" Sec
ton Feven OF said chapter is hereby amended by
adding thereto, after the word indicted in the
hrst line, the words cor Informed against" and af
| ter the word indictment" in the third line the
words Cor Information
| Sec. 53. Section two of chapter one hundred and
seventytwo of the revised statutes is hereby amend
ed by adding after the word indicted" in the third
and fifth lines, the words cor 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 "or informed
against" Section five of said chapter is hereby
amended by adding thereto, after the word 'indcf-
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 line, the words cor information" Section
ten of said chapter is hereby amended by adding
thereto, after the word Indictment" in the fifth
ninth and tenth lines the words cor information
Section twelve of said chapter is amended by add
ing, after the word indictment" in the fourth line
the words ''or information"
Sec. 81. Section fifteen of chapter one hundred
and seyentysx of the revised statutes is hereby
amended as to read as follows: 'Section Is All the
testimony of the-winesses examined shall be reduc-
ed to writing by the magistrate, under his direc-
ton, and shall be signed by the witnesses"
Sec. 80. Section twenty-six of said chapter one |
hundred and seventy-six is hereby amended so as |
to read as follows: "SeC. rs. All examinations evil |
dence and recogn1zances taken by any magistrate in
pursuance of the provisions of this chapter shall be
certified and returned by him to the clerk of the
court tefore which the party charged is bound to |
appear, within ten days after the close of such
lnation and If such magistrate shall neglect re-
fuse to return the same, he may be compelled forth
with to do so by rule of the circuit county court
and in case of disobedence may be proceeded
against by attachment, for contempt and for
such neglect shall also be liable to penalty twen-
ty dollars to be collected in an action against him
a c YpS are collie cd