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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

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