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against such prisoner, to appear and testify at the next Court having cognizance of the offence, and in which the prisoner shall be held to answer, and it shall be competent, in all cases contemplated in this section, for any magistrate in the County where any such offence is alleged to have been committed, to issue process to compel the attendance of any witness or witnesses, before him, at any time in vacation or between the terms of the Court having cognizance of the offence, for the purpose of compelling such witnesses to enter into any recognizance required by the provisions of this section.


(5996.) SEc. 20. If the magistrate shall be satisfied by due when with sureproof, that there is good cause to believe that any such witness will not perform the condition of his recognizance, unless other security be given, such magistrate may order the witness to enter into a recognizance, with one or more sureties as may be deemed necessary, for his appearance at Court.

married women

(5997.) SEC. 21. When any married woman or minor is a Recognizances of material witness, any other person may be allowed to and minors. recognize for the appearance of such witness.

nize; commit

(5998.) SEC. 22. All witnesses required to recognize, either Refusal to recogwith or without sureties, shall, if they refuse, be committed ment. to prison by the magistrate, there to remain until they comply with such order, or be discharged according to law.

whom let to bail.

(5999.) SEC. 23. Any Justice of the Supreme Court, Circuit Prisoners by Court Commissioner, or any Judge of any County Court for 3 Mich. Rep., 42. any county, on application of any prisoner committed for any bailable offence, and after due notice to the Prosecuting Attorney for the county, may inquire into the case, and admit such prisoner to bail; and any person committed for not finding sureties to recognize for him, may be admitted to bail by any of the said officers.

whom complaint

sociate with him

(6000.) SEC. 24. Any magistrate, to whom complaint is Magistrate to made, or before whom any prisoner is brought, may associate is made, may as with himself one or more other magistrates of the same self one or more county, and they may together execute the powers and duties trates. conferred upon such magistrates respectively by this chapter; but no fees shall be taxed for such associates.

other Magis

recognizances to

turned, etc.

(6001.) SEc. 25. All examinations and recognizances, taken Examination and by any magistrate, pursuant to any of the provisions of this be certified, re chapter, shall be forthwith certified and returned by him to the Clerk of the Court before which the party charged is bound to appear, and if such magistrate shall refuse or neglect to return the same, he may be compelled forthwith by rule of

When prisoners charged with

the Court, and in case of disobedience, he may be proceeded against by attachment as for a contempt.

(6002.) SEC. 26. Officers before whom persons charged with erime may be crime shall be brought, shall have power to let to bail as 8 Mich Rep, 42. follows:

let to bail.

In what cases

Circuit Courts

1. Any Justice of the Supreme Court, or a Circuit Court Commissioner, or any Judge of any County Court for any county, in all cases, except for capital offences, or for murder in the first degree, when the proof is evident or the presumption great;

2. Any Judge of the County Court for any county, in all cases where the punishment for the offence charged shall be less than imprisonment for life in the State prison;

3. Any Justice of the Peace, or Mayor, or Recorder of a city, in all cases where the punishment for the offence charged shall not be more than ten years imprisonment in the State prison.

(6003.) SEC. 27. The several Circuit Courts shall have may let to bail. power to let to bail any person committed, in all cases in which a Justice of the Supreme Court is authorized to let such person to bail.

Commitments su

perseded and re

charged on ac


(6004.) SEC. 28. When any person brought before a Justice Cognizances dis- of the Peace shall be committed to prison, or shall be under knowledgment of recognizance to answer to any charge of assault and battery, or other misdemeanor, for which the injured party shall have a remedy by civil action, if the injured party shall appear before the magistrate having cognizance of the offence, who made the commitment or took the recognizance, and acknowledge in writing that he has received satisfaction for the injury, the magistrate may, in his discretion, on payment of the costs which have accrued, discharge the accused or the recognizance, or supersede the commitment, by an order under his hand; and may, in like manner, discharge all recognizances, and supersede the commitment of all witnesses in the

Order for discharge of recog.

filed, and order superseding commitment, to



(6005.) SEC. 29. Every such order discharging any recognizance where nizance, shall be filed in the office of the Clerk of the County; and every such order superseding the commitment of the whom delivered, offender, or any witness, shall be delivered to the keeper of the jail where he shall be confined, who shall forthwith discharge him; and every such order, if so filed and delivered, and not otherwise, shall forever bar all remedy by civil action for such injury.

edgment of in

case of indict

(6006.) SEC. 30. If an indictment shall be found on any such Effect of ackowlcharge, the injured party may, in like manner, appear in the jured party in Court where such indictment is pending, and acknowledge ment found, etc. satisfaction for the injury and damages sustained by him; and such Court may, in its discretion, on payment of the costs incurred, order that no further proceedings be had on such indictment, and may discharge the defendant therefrom; which order shall operate as a perpetual stay of all further proceedings on such indictment.

preceding Sec

(6007.) SEC. 31. The provisions of the three last sections The three last shall not extend to any charge or indictment for any assault tions qualified. and battery or other misdemeanor, charged to have been committed by or upon any officer or minister of justice, whilst in the execution of the duties of his office, or riotously, or with an intent to commit a felony.

cognizance not

to note default of

principal, etc. Mass., 520. do. 447.

2 Greenl, 62.

12 do.



(6008.) SEC. 32. No action brought upon any recognizance Action upon re entered into in any criminal prosecution, either to appear and barred by neglect answer, or to testify in any Court, shall be barred or defeated, nor shall judgment thereon be arrested, by reason of any neglect or omission to note or record the default of any principal or surety, at the time when such default shall happen, nor by reason of any defect in the form of the recognizance, if it sufficiently appear, from the tenor thereof, at what Court the party or witness was bound to appear, and that the Court, or a magistrate before whom it was taken, was authorized by law to require and take such recognizance.

An Act Concerning Bail in Criminal Cases.

[Approved March 31, 1840. Laws of 1840, p. 152.]

may compel prin

sureties or be

(6009.) SECTION 1. Be it enacted by the Senate and House of When sureties Representatives of the State of Michigan, That in all criminal cipal to give new cases, where any person or persons have entered into any committed. recognizance for the personal appearance of another, and such bail and surety shall afterwards believe that his principal intends to abscond, or has absconded, such bail or surety, on application to any Justice of the Peace in the county in which the recognizance is taken, or in which such principal resides, and producing evidence of his being bail or surety, and verifying the reason of his application by oath or otherwise, it shall be the duty of such justice forthwith to grant a mittimus, directed to the Sheriff, his deputy or Constable, or other

person of the County in which such application shall be made, commanding such officer or other person forthwith to arrest such principal, if he is to be found within this State, and bring him before such justice, that other and sufficient security may be taken, and in failure so to do, commit him to the keeper of the common jail in said county, who is hereby authorized to receive such principal, and him retain in jail until he is discharged by a due course of law.

SEC. 2. That this act shall take effect and be in force from and after its passage.





6010. Court may discharge Grand Jurors in certain cases; Deficiencies how supplied. 6011, 6012. Grand Jurors how impanneled and


6013. Affirmation may be substituted for oath. 6014. Number of persons to be sworn as Grand Jury; Election of foreman.

6015. Foreman to serve until discharged; In case

of his death, etc., another to be elected. 6016. Person held to answer, etc., may object to competency of Juror in certain cases. 6017. When array not to be challenged. 6018. Who may administer oath, etc. 6019. Jury may appoint Clerk, etc. 6020. Grand Jury dismissed before adjournment

of Court, may be summoned again.
6021. Secrecy of Jurors and officers.
6022. Upon complaint for perjury, etc., Jurors
may be required to testify, etc.

6023. Duty of Prosecuting Attorney.
6024. May issue Subpoenas, etc.
6025. May appear before Grand Jury, etc.
6026. Bill not to be found without concurrence of
twelve Jurors, etc.

6027. Limitation of criminal prosecutions.
6028. Indictment to be presented to Court by
foreman; To be filed, etc.

6029. When person held in prison, etc., to be

6030. Insanity of prisoner.

6031. Person indicted entitled to copy of indict



6032. Prosecuting Attorney not to enter Nolle Prosequi, without leave of Court.

6033. Who may issue Warrant for arrest of per-
son indicted.

6034. To whom Warrant to be directed.
6035. Clerk to issue Subpoenas for Defendant's

6036. Disobedience to Subpoena, how punished.
6037. Tender of fees to Witnesses not necessary.
6038. Court to order plea of not guilty when
person arraigned refuses to plead.
6039. Prisoner when to be tried.
6040. Receiver of stolen goods, etc., where may
be indieted.

6041. Persons stealing property in one County
and bringing it into another, where in-

6042. Plea in abatement, etc., not to be receiv ed unless verified.

6043. Certain omissions, etc., not to affect valid. ity of indictment, etc.

6044 When Court may grant Commission to
take testimony.

6045. Execution, etc., of Commission.
6046. Person indicted may have Witnesses ex-
amined conditionally, etc.

6047. Indictment for murder, what to contain.
6048. Indictments for forgery, etc.

6049. For perjury and subornation of perjury what sufficient.

6050. Proof of felony on trial for misdemeanor not to entitle Defendant to acquittal


6051. Accessories, etc., may be charged, etc., without the principal.

6052. Where several persons jointly indicted, one or more may be convicted.

6053. Venue need not be stated in body of indiciment; Proviso.

6054. Certain informalities not to vitiate indictment.

6055. Objection for formal defects to be taken before Jury sworn; Amendments.

€056. Sufficient to describe record, etc., by its purport.

6057. Amendments allowed in certain cases. 6058. Other amendments.

6059 Offence described in words of Statute sufficient after verdict.


6060. Misnomer may be amended.
6061. Money a sufficient description of bank
notes, etc.

6062. Value of several articles may be stated

6063. Facts conferring jurisdiction need not be

6064. In libel, certain facts need not be set

6065. Distinctions between accessories before the
fact and principals, and between princi-
pals in the first and second degree abol-

6066. For larceny, several counts relative to
same property may be joined.

6067. Provisions to apply to all pleadings.

Chapter One Hundred and Sixty Four of Revised Statutes of 1846.

charge Grand Ju

ses; deficiencies

(6010.) SECTION 1. Any Court in which a Grand Jury may Court may dise be sitting, may discharge any of the grand jurors for intoxi-rors in certain ca cation or other gross misconduct; and in case of such discharge, how supplied. or in case of the sickness, death or non-attendance of any grand juror, after he shall have been sworn, the Court may cause another juror to be summoned from among the bystanders, or inhabitants of the city, township or village, having the qualifications required by law, and to be sworn and serve in his stead.

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how impannelt d

4 Denio, 133.

(6011.) SEC. 2. The Clerk of the Court shall prepare an Grand Jurors, alphabetical list of all the persons returned as grand jurors, and sworn. and when the jury is to be impanneled, the two persons first named on the list, shall be first called, and the following cath shall be administered to them: "You as grand jurors of this inquest, for the body of this county of do solemnly swear, that you will diligently inquire and true presentment make of all such matters and things as shall be given you in charge; your own counsel, and the counsel of the people, and of your fellows, you shall keep secret; you shall present no person for envy, hatred or malice, neither shall you leave any person unpresented for love, fear, favor, affection or hope of reward; but you shall present things truly, as they come to your knowledge, according to the best of your understanding; so help you God."

(6012.) SEC. 3. The other grand jurors shall then be called Ibid. in such divisions as the Court may deem proper, and the following oath shall be administered to them: "The same oath which your fellows have taken on their part, you, and each of

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