GRAND JURIES AND THEIR PROCEEDINGS.

SEC. 53. The grand jury shall consist of twelve persons, one of whom shall be appointed foreman by the court, and the court in every case, where the foreman shall be discharged or excused, on any account, before the grand jury is dismissed, shall appoint another foreman.

SEC. 54. An oath or affirmation shall be administered to the grand jury, in substance as follows:

You, and each of you do solemnly swear (or affirm), that you will diligently inquire into and true presentment make, of all public offences against the laws of this Territory, committed or triable in this county, of which you have or can obtain legal evidence. You will present no one through hatred, malice, or illwill; nor leave any unpresented through fear, favor or affection, or for any reward, or the promise or hope thereof, but in all your presentments, you will present the truth, the whole truth, and nothing but the truth, according to the best of your skill and understanding. So help you God.

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SEC. 55. No grand juror shall act as such, on the investigation. of any charge against any person held to answer to a criminal offence, when such grand juror is the prosecutor, or a material wit-3 Neo +24 ness against such person; and it shall be the duty of the court, in its charge to the grand jury, to so charge them; and for a violation of this section, any grand juror may be proceeded against as for contempt.

SEC. 56. The foreman of every grand jury, from the time of his appointment to his discharge, shall be authorized to administer any oath, declaration or affirmation, in the manner prescribed by law, to any witness who shall appear before such grand jury for the purpose of giving evidence of any matter cognizable by them.

SEC. 57. Every grand jury may appoint one of their number ro be clerk thereof, to preserve minutes of their proceedings, and of the evidence given before them, which minutes shall be given to the attorney prosecuting in the county, when so directed by the grand jury.

SEC. 58. Whenever required by any grand jury, it shall be the

duty of the attorney prosecuting in the county, to attend them for the purpose of examining witnesses in their presence, or giving them advice upon any legal matter.

SEC. 59. Such attorney shall be allowed at all times to appear before the grand jury, on his request, for the purpose of giving information relative to any matter cognizable by them, when they or he shall deem it necessary, but no such attorney, or any other officer or person except the grand jurors, shall be permitted to be present during the expression of their opinions, or the giving their votes, on any matter before them.

SEC. 6 Whenever required by any grand jury, the foreman thereof, or the attorney prosecuting, the clerk of the court in which such jury is empanelled, shall issue subpoenas and other processes to bring witnesses to testify before such grand jury.

SEC. 61. If any witness duly summoned to appear and testify before a grand jury, shall fail or refuse to obey, the court shall cause compulsory process to be issued, to enforce his attendance, and may punish the delinquent in the same manner and upon like proceedings as provided by law for disobedience of a subpoena in other cases.

SEC. 62. If any witness appearing before a grand jury, shall refuse to testify, or answer interrogatories in the course of his examination, the fact shall be communicated to the court, in writing, in which, the question refused to be answered shall be stated, and the court shall thereupon determine whether the witness is bound to answer or not, and the grand jury shall be immediately informed of the decision.

SEC. 63. If the court determine that the witness is bound to answer, and he persist in his refusal to testify, he shall be brought before the court, who shall proceed therein, in the same manner as if the witness had been interrogated, and refused to answer, in open court.

SEC. 64. If any such witness shall be committed for a contempt, on account of his refusal to testify, and shall persist in such refusal until the grand jury is dismissed, or until the expiration of his imprisonment, he shall not be discharged from custody before the meeting of the next grand jury, when he shall be again brought before said grand jury, and if he fail or refuse again, to testify, he shall be recommitted.

SEC. 65. If any offence be discovered or committed during the sitting of any court after the grand jury attending such court shall be discharged, or if the grand jury empanelled is not competent as such to investigate the charge against any person held to answer for the offence, such court may, in its discretion, by an order, to be entered on its minutes, direct the sheriff to summon another grand jury.

SEC. 66. The sheriff shall accordingly, forth with summon such grand jury, from the inhabitants of the county, qualified to serve as grand jurors; who shall be returned and sworn, and shall proceed in the same manner in all respects, as provided by law, in respect to other grand juries.

SEC. 67. Members of the grand jury may be required by any court, to testify, whether the testimony of a witness examined before such grand jury is consistent with, or different from the answers given by such witness, before such court, and they may also be required to disclose the testimony given before them, by any person upon a complaint against such person, for perjury, or upon his trial for such offence.

SEC. 68. No member of the grand jury shall be compelled, or allowed, to testify or disclose, in what manner he or any other member of the grand jury voted, on any question before them, or what opinions were expressed by any juror, in relation to any such question.

SEC. 69. No grand juror shall disclose any evidence given before the grand jury, nor the name of any witness who appeared before them, except, when lawfully required to testify as a witness, in relation thereto, nor shall he disclose the fact of any indictment, having been found against any person for a felony, not in actual confinement, until the defendant shall have been arrested thereon. Any juror violating the provisions of this section, shall be deemed guilty of a misdemeanor, and, upon conviction thereof, may be fined in any sum not exceeding five hundred dollars, to which may be added imprisonment not exceeding six months.

SEC. 70. In charging grand juries, the court shall apprise them of the last three sections, in relation to disclosures, and in what case, and under what circumstances, any disclosures may or may not be made.

SEC. 71. No indictment can be found without the concurrence

of at least nine grand jurors. When so found, and not otherwise, the foreman of the grand jury shall indorse it thus, "A true bill. A. B., foreman."

SEC. 72. When there is not a concurrence of nine grand jurors, in finding an indictment, the foreman shall certify under his hand, that such indictment, is not a true bill.

SEC. 73. Indictments found by a grand jury, shall be presented by their foreman, in their presence, to the court; and shall be filed and remain as records of such court.

SEC. 74. No indictment for any trespass against the person or property of another, not amounting to a felony, or for the first offence of petit larceny, shall be preferred, unless the name of a prosecutor is indorsed thereon, except when the same is preferred upon the information or knowledge of two or more of the grand jurors, or on the information of some public officer in the necessary discharge of his duty, in which case, a statement of the fact shall be made at the end of the indictment, and signed by the foreman of the grand jury.

SEC. 75. The name of the prosecutor shall be indorsed, as such, by himself, or when his name has been certified as prosecutor, with the examination as provided by law, the indorsement may be made by the attorney prosecuting; but no indictment shall be quashed for want of such indorsement, if the same shall be made before the motion to quash is disposed of.

SEC. 76. It shall not be necessary for any grand jury to present any presentment, prior to the presentation of the indictment.

SEC. 77. Each indictment must be signed by the attorney pros ecuting; and when the grand jury return any indictment into court, the judge must examine it; and if the foreman has neglected to indorse it "A true bill," with his name signed thereto, or if the attorney prosecuting has neglected to sign his name, the court must cause the foreman to indorse, or the attorney prosecuting to sign it, as the case may require, in the presence of the grand jury.

SEC. 78. When an indictment is presented by the grand jury, the names of all material witnesses must be indorsed upon the indictment; but other witnesses may afterwards be subpoenaed by the Territory; but unless the names of such witnesses be indorsed on the indictment, no continuance shall be granted to the Territory,

on account of the absence of any witness whose name is not, thus indorsed.

INDICTMENTS AND PROCESS THEREON.

SEC. 79. All criminal prosecutions must be in the name of the Territory of Montana.

SEC. 80. The forms of pleading in criminal actions in the district court, and the rules by which the sufficiency of pleading is to be determined, are those herein prescribed.

SEC. 81. The only pleading on the part of the Territory is the indictment.

SIC. 82. The indictment must contain, First, The title of the action, specifying the name of the court to which the indictment is presented, and the names of the parties. Second, A statement of the facts constituting the offence, in plain and concise language, without repetition.

SEC. 83. The indictment must be direct and certain, as it regards the party and the offence charged.

SEC. 84. The precise time of the commission of an offence need not be stated in the indictment, but it is sufficient if shown to have been within the statute of limitations, except where the time is an indispensible ingredient of the offence.

SEC. 85. In an indictment for an offence committed in relation to property, it is sufficient to state the name of any one, or names of several joint owners.

SEC. 86. The words used in an indictment must be construed in their usual acceptation in common language, except words and phrases defined by law, which are to be construed according to their legal meaning.

SEC. 87. Words used in the statute to define a public offence need not be strictly pursued, but other words conveying the same meaning may be used.

SEC. 83. The indictment shall be sufficient if it can be under- New 257 stood therefrom, First, That the indictment was found by the grand 435 jury of the county in which the court is held. Second, That the 34 Cal 188 defendant is named or described in an indictment as a person whose name is unknown to the grand jurors. Third, That the offence was committed within the jurisdiction of the court, or is triable