1822 - Edocs
1822 - Edocs
1822 - Edocs
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f not at the second<br />
If not at the third.<br />
Bppy of indictfeent<br />
& punch<br />
fury Sc challem<br />
(indictment signed<br />
ind endorsed,<br />
All offences to b<<br />
presented.<br />
Approvers never<br />
ldmitted.<br />
Limitation of pros-<br />
petitions.<br />
Bail for infractions<br />
Description o<br />
punishments<br />
151<br />
to his trial beiore the end of the term, and 9hall not bi<br />
indicted at that term, unless it appear to the satisfaction<br />
of the court, that the witnesses could not be procured the<br />
court shall set him at liberty upon his giving bail in a<br />
reasonable penalty, to appear at the next court-— Aiul if<br />
he be not indicted at the second term, unless the attendance<br />
of the witnesses were prevented by himself, he shall<br />
be discharged from imprisonment—And if he be not tried<br />
at or before the third term after hisjptamination he shall<br />
be forever discharged from the crime.<br />
14. Be itfurther enacted, That, in all trials for felonies<br />
the prisoner shall have a copy of the indictment and panel<br />
of the jury, whenever he may desire it before trial or sen-<br />
tence.<br />
15. Br u further enacted, That, the venire so summoned<br />
as aforesaid, (or such of them as appear and b(<br />
not challenged) together with so many other good and<br />
lawful men of the by-standers being house keepers with-<br />
in this Territory, as will make the number twelve, or ii<br />
the whole array be challenged, twelve of such by-standers<br />
shairbe a jury, for the trial of criminals, and in all case:of<br />
felony, the accused shall have a right of peremptory<br />
challenge of twenty.<br />
16. Be it further enacted, That, ,ajU indictments shall<br />
be signed by the prosecuting attorney, and endorsed on<br />
the back by the foreman of the grand jury— " A true bill, 5<br />
and signed by him—in all presentments for penal offen-<br />
ces, the presentments shall be signed by the foreman oi<br />
the grand jury.<br />
17. Be it further enacted, That, it shall be the duty oi<br />
the grand jury to present every offence against the penal<br />
laws of tnis Territory; whether any specific punishment<br />
is pointed out or not, if the said punishment has not been<br />
inflicted.<br />
18. Be it further enacted, That, approvers shall never<br />
be ad^sitted in any case whatsover.<br />
19. Be it further enacted, That, all prosecutions (felonies<br />
excepted) all actions, suits presentments upon penal<br />
acts, of the Governor and Legislative Council, shall be<br />
sued and prosecuted within two years, next after the offence<br />
committed.<br />
20. Be it further enacted, That, bail may be required<br />
upon suits for infractions of penal laws, by order of the<br />
court.<br />
21. Be it further enacted, That, for the purpose of protecting<br />
society from the outrages and oppressions of the<br />
wicked and lawless, the following punishments, shall bt<br />
imposed for the offences hereinafter mentioned. Any<br />
person or persons his or her aiders, and abettors, who<br />
shall commit murder within this Territory and shall be<br />
.thereof convicted, shall suffer death, by hanging, and ir