1822 - Edocs

153
o^nizance to the clerk of the court where the prisoner
is to he tried, and shall issue a warrant for his delivery.
8. Be it further enacted. That, the judge of the court
having cognizance of the offence, shall havopower to
bail a prisoner if he should be of opinion that it is a
bailable offence, although the justices were of a different
opinion.
9. /; e it further enacted, That, if the prisoner shall desire
witnesses to be summoned, either before the examining
court, or the court, before which he, or she, is to be
tried, upon application of the prisoner or his counsel, the
clerk shall issue subpoenas, and the court compel the attendance
of such witnesses.
10. Be it further enacted, That, when a prisoner is directed
to be tried for an offence in the circuit or superior
court, it shall be the duly of the clerk of the court, at
least ten days before the term thereof to issuer venire
facias to the executive officer of said court commanding
him to summon twelve good and Jawful house keepers of
his county, to come before the court having crimieal jurisdiction
of the offence, the first day of the court «^nd re-
turn a panel of their names.
11. Be it further- enacted, That, the -sheriff or executive
officer of each county or district where b. ej>u£tof criminal
jurisdiction is to be holden, shall before Oefy; Reeling
of said court summon twentyfour of the most discreet house
keepers, residing within the limits of the jurisdiction of
said conrt, to- appear at the succeeding term- on tile first
day thereof, which the said of£cer is hereby ,eiwpowered
to do, and the said twenty four house keepers or sixteen
of them shall be a grand jury, who shall be sworn to enquire
of and present all murders, felonies, crimes and
misdemeanors whatsoever, which shall have been committed
or done within the limits of the county, or jurisdiction
of the court, and if a sufficient number shall not
attend^on the first day of the court, the shferiff wc other
officer "shall summon of the by-standers of the description
aforesaid, a sufficient number together with those attending
to makv a grand jury. „
12. Be itfurther-enacted* That, after any person shaH be
indicted for felony, if he be not already in jtostody, the
sheriff shall be commanded to attach his body by a writ
of capias, and when a grand jury shall have presented to
a superior court, a bill of indictment for felony, and the
prisoner be in custody, the court shall£ause the prisoner
to be arraigned and tried at Hie same term, unless good
cause be shewn for a continuance, and shall allow him
counsel to assist him in his trial if he desire it.
13. Be it further enacted, That, if any person be committed
for felony, and shall apply to the court by motion
on the first day of the term, and shall desire to he brought
'
Judge may xcm
to bail without coi
sent of juitices.
Prisoner shaii h-7
his witnesses.
Venire facias
days before.
Grand Jury am
their duties.
After indictmeu
bodv to be taken
Allowed counsel
After commitment
if no indictment
lirst term,