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be pending, whenever the defendant shall be in custody, or held by recognizance to answer thereto, to make out a copy of such indictment, and cause the same to be delivered to the defendant or his counsel, at least forty-eight hours before he shall be arraigned on such indictment. If the defendant plead and go to trial without objecting for the want of such copy, the neglect of duty by the clerk shall not be sufficient ground to set aside the verdict.

SEC. 131. Every person who shall be indicted for any offence not capital, who shall have been arrested, or held by recognizance to appear and answer to such indictment, shall, on demand, and on payment of the fees allowed by law therefor, be entitled to a copy of the indictment, and all indorsements thereon.

SEC. 132. If any person about to be arraigned upon an indictment for a felony, be without counsel to conduct his defence, and he be unable to employ any, it shall be the duty of the court to assign him counsel, at his request, not exceeding two, who shall have free access to the prisoner, at all reasonable hours.

SEC. 133. The defendant shall be arraigned by reading the indictment to him in open court, unless, such arraignment be waived; and such arraignment, or waiving thereof, shall be noted in the minutes of the court.

SEC. 134. Upon arraignment, the defendant, if he have no other plea, shall plead guilty or not guilty, which plea shall be oral, and entered on the minutes of the court.

SEC. 135. When any person shall be arraigned upon any indictment, and refuse to deny the charge in any form, or confess the same, a plea of not guilty shall be entered, and the same proceedings shall be had, in all respects, as if he had formally pleaded not guilty, to such indictment.

SEC. 136. No plea in abatement, or other dilatory plea to an indictment, shall be received by any court, unless the party offering such plea shall prove the truth thereof, by affidavit or other

evidence.

SEC. 137. When any matters shall be pleaded to an indictment, as having occurred in any other county than that in which the indictment was found, it shall be tried in the same manner as if it had been alleged to have occurred in the same county where such plea is tendered.

SEC. 138. Every person indicted or prosecuted for a criminal

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offence, shall be entitled to subpoenas, and compulsory process for witnesses, in like manner, and under like circumstances, as parties in civil cases.

SEC. 139. Disobedience to any such subpoena shall be punished in the same manner and upon like proceedings as provided by law in civil cases, and every delinquent witness shall be liable to the party at whose instance he was summoned, in the same manner and to the same extent as in cases of witnesses summoned in a civil suit.

SEC. 140. It shall not be necessary to pay or tender any fees whatever to any witness summoned on the part of the Territory, or on the part of the defendant, but such witness shall be bound to attend, and be liable for his non-attendance, in the same manner as if the fees allowed witnesses had been duly paid to him.

SEC. 141. When any issue of fact is joined to any criminal case, if any material witness for the defendant resides out of the Territory, enceinte, sick, or infirm, or is bound on a voyage, or is about to leave the Territory, such defendant may apply to the court in which the cause is pending for leave to take the deposition of such witness, and the court may grant the same in its discretion. Such deposition, if taken, shall be taken according to the rules prescribed for taking depositions in civil cases

SEC. 142. Such leave shall not be granted unless the defendant shall consent that the deposition of any material witness on the part of the Territory may be taken, whose personal attendance cannot be obtained for similar causes.

SEC. 143. The depositions shall be taken and returned in the same manner prescribed by law in civil cases; and such depositions shall be read in like cases and with like effect and subject to the same rules as in civil cases.

SEC. 144. The defendant in any criminal cause may take the depositions of any witnesses, conditionally in the same manner as depositions are taken in civil cases, and upon like notice to the attorney prosecuting, with like effect, and in all respects, as is provided by law in civil cases.

SEC. 145. Any defendant in any indictment or information. may be awarded a change of venue upon a petition, setting forth that he has reason to fear that he will not receive a fair trial in the

court in which such indictment or information may be pending, on

account that the judge is interested or prejudiced, or is of kin to, or shall have been counsel for either party, or that the prosecutor has an undue influence over the minds of the inhabitants of the county where the indictment or information shall be pending, or that the inhabitants of the county are prejudiced against the applicant so that he cannot expect a fair trial, such party may apply to the court in term time, or to the judge in vacation, by petition, setting forth the cause of the application, and praying a change of venue; and such judge or court, being satisfied that such cause exists, the facts stated in such petition being verified by the oath of the applicant, or some credible person, and reasonable notice having been given to the district attorney, may award a change of venue, to some county where the causes complained of do not exist. And in all such cases, where the judge is interested or of kin, or shall have been of counsel in the case, the court may, in term time, award a change of venue in its discretion: Provided, That there shall be but one change of venue allowed.

SEC. 146. If the applicant is in custody, or confined in jail, the court or judge shall make an order to the sheriff to remove the body of such applicant to the jail of the county, if there be a jail in such county, to which the change of venue shall have been made, and there deliver him to the keeper of such jail, together with the warrant by virtue of which he is confined or held in custody, at least three days next before the first day of the term of said court. The sheriff shall deliver such warrant, with the body of such prisoner, to the jailor of the proper county, who shall receive the same, and give the sheriff a receipt therefor, and shall take and keep the prisoner, in the same manner as if he had been originally committed to his custody. No change of venue shall be allowed until after indictment is found.

SEC. 147. Changes of venue shall not be granted after the first term at which the party applying for the same might have been heard, unless the cause shall have arisen subsequent to such

term.

SEC. 148. When a change of venue shall be granted, in the term or vacation, the judge shall immediately transmit to the clerk of the court wherein such indictment is pending the petition and affidavit, together with an order in writing, directing the change of venue; and such clerk shall file the same in his office, and make a

copy thereof, and a full transcript of the record and proceedings in such cause, together with a copy of the indictment, and all papers filed in the cause, and making a part of the record and the recognizance of the party, and all witnesses; and the clerk of the court to which such cause shall be changed, shall file the same, and the cause shall be docketed, and all proceedings had as if the cause had originated in said court. When the venue in any cause shall be changed, as aforesaid, the parties and witnesses who have entered into recognizance, are hereby repuired, on notice of such change, to attend at the time and place of trial, to be had according to such change, and on failure so to do, shall work a forfeiture of the recognizance.

SEC. 149. When a change of venue is granted, and a conviction shall be had, and in prisonment shall be part of the judgment, the sheriff shall convey the prisoner at once to the county where the crime shall have been committed, and retain him in custody according to the judgment of the court. The costs and charges shall be paid by the county in which the crime was committed, if the defendant be unable to pay them.

SEC. 150. All questions concerning the regularity of proceedings, and the rights of the court to which the change is made to try the cause and execute the judgment, shall be considered as waived after trial and verdict.

SEC. 151. When the order of removal is made in term time, it shall be deemed a notice to every person who shall have entered into recognizance to appear at such term. In other cases, the notice shall be in writing, signed by the attorney prosecuting or clerk of the court, and served on the person so recognized in the same manner as a subpoena is served.

SEC. 152. If any clerk of the district court shall neglect or refuse to perform any duty in relation to the removal of a cause, enjoined on him by the foregoing provisions, he shall forfeit and pay a sum not exceeding five hundred dollars, to be recovered by an action in the name of and for the use of the Territory.

SEC. 153. When there are several defendants in any indictment, in a criminal prosecution, and the cause of the removal thereof exists only as to part of them, the other defendants shall be tried, and all proceedings had against them in the county in

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which the cause is pending shall be in all respects as if no order of removal had been made as to any defendant.

TRIALS AND INCIDENTS THERETO.

SEC. 154. The defendant, and the attorney prosecuting, with the assent of the court, may submit the trial to the court, except in capital cases. All other trials must be by a jury, to be selected, summoned, and returned, as prescribed by law.

SEC. 155. No alien shall be entitled to a jury of part aliens or strangers for the trial of any indictment; but in every case the jurors shall be such only as are qualified to serve according to the laws of this Territory.

SEC. 156. The defendant in every indictment for a criminal offence shall be entitled to a peremptory challenge of jurors in the following cases, and to the numbers as follows: First, If the offence charged be punishable with death, or by imprisonment not less than for life, challenges to the number of ten, and no more. Second, If the offence be punishable with like imprisonment, not less than a specified number of years, and no limit to the duration of such imprisonment is declared, to the number of eight, and no more. Third, In any other case punishable with imprisonment in the penitentiary, to the number of six, and no more. Fourth, In cases not punishable with death, or imprisonment in the penitentiary, to the number of four, and no more.

SEC. 157. In all criminal trials the Territory may challenge half the number of jurors allowed the defendant by the preceding section.

SEC. 158. If the offence charged be punishable with death, any person entertaining such conscientious opinions as would preclude his finding the defendant guilty shall not serve as a juror.

SEC. 159. No person who believes that the punishment fixed by law to be too severe for the offence, or entertains any opinion that would preclude his finding the defendant guilty, shall be sworn as a juror.

SEC. 160. When any indictment alleges the offence against the person or property of another, neither the injured party, nor any person of kin to him, shall be a competent juror on the trial of

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