ining any witness, may in his discretion exclude from the place of examination all the other witnesses; he may also, if requested, or if he sees cause, direct the witnesses for or against the prisoner to be kept separate, so that they cannot converse with each other, until they are examined. § 15. Testimony, how taken. The testimony of the witnesses examined shall be reduced to writing by the magistrate, or under his direction, and shall be signed by the witnesses, if required by the magistrate. 10 M. 277 (350). $16. Prisoner discharged, when. If it appears to the magistrate, upon the whole examination, that no offence has been committed, or that there is not probable cause for charging the prisoner with the offence, he shall be discharged. $17. Offences not bailable. Persons charged with an offence punishable with death shall not be admitted to bail when the proof is evident or the presumption great; nor any person, charged with an offence punishable with death or imprisonment in the state prison for a term exceeding seven years, be admitted to bail by a justice of the peace; in all other cases bail may be taken in such sum as, in the opinion of the judge or magistrate, will secure the appearance of the person charged with the offence at the court where such person is to be tried. § 18. Bail to be accepted, when-accused committed, when. If it appears that an offence has been committed, and that there is probable cause to believe the prisoner guilty, and if the offence is bailable by the magistrate, and the prisoner offers sufficient bail, or the amount of money in lieu thereof, it shall be taken, and the prisoner discharged; but if no sufficient bail is offered, or the offence is not bailable by the magistrate, the prisoner shall be committed for trial. $ 19. Witnesses shall recognize. When the prisoner is admitted to bail, or committed by the magistrate, he shall also bind by recognizance such witnesses against the prisoner as he deems material, to appear and testify at the next court having cognizance of the offence, and in which the prisoner is held to answer. $20. Witness required to give other security, when. If the magistrate is satisfied that there is good cause to believe that any such witness will not perform the condition of his recognizance unless other security is given, such magistrate may order the witness to enter into a recognizance, with such sureties as may be deemed necessary, for his appearance at court. § 21. Married woman or minor may recognize as witness, how. When any married woman or minor is a material witness, any other person may be allowed to recognize for the appearance of such witness; or the magistrate may, in his discretion, take the recognizance of such married woman or minor in a sum not exceeding fifty dollars, which shall be valid and binding in law, notwithstanding the disability of coverture or minority. $ 22. Witnesses, failing to recognize, shall be committed. All witnesses required to recognize, either with or without sureties, shall, if they refuse, be committed to prison by the magistrate, there to remain until they comply with such order, or are otherwise discharged according to law. *§ 23. Witness' own recognizance sufficient-exception-compensation when committed. It shall not be lawful, except in cases of murder in first degree, arson where human life is destroyed, and cruel abuse of children, to commit or imprison any witness who is willing and offers to enter into his or her own recognizance, without sureties, to appear and testify in the case or prosecution in which his or her testimony is required. All persons held as witnesses shall receive such compensation during confinement as the judge of the court in which the case is pending shall direct, not exceeding regular witness fees. (1872, c. 77, § 1.) § 24. (SEC. 23.) Magistrate may call another magistrate to act with him. Any magistrate to whom complaint is made, or before whom any prisoner is brought, may associate with himself one or more magistrates of the same county, and they may together execute the powers and duties before mentioned; but no fees shall be taxed for such associates. § 25. (SEC. 24.) Testimony, etc., to be certified to clerk of court-penalty for refusal. All examinations and recognizances taken by any magistrate, in pursuance of the provisions of this chapter, shall be certified and returned by him to the clerk of the court before which the party charged is bound to appear, on or before the first day of the sitting thereof, and shall be filed in said court; and it such magistrate neglects or refuses to return the same, he may be compelled forthwith by rule of court, and, in case of disobedience, may be proceeded against by attachment as for contempt. 10 M. 277, (350.) § 26. (SEC. 25.) Proceedings, when party under recognizance, makes default. When any person under recognizance in any criminal prosecution, either to appear and answer, or to prosecute an appeal, or to testify in any court, fails to perform the condition of such recognizance, his default shall be recorded, and process shall be issued against the persons bound by the recognizance, or such of them as the prosecuting officer directs. 10 Minn., 22 (39.) § 27. (SEC. 26.) Surety may make payment and be discharged. Any surety in such recognizance may, by leave of the court, after default, and either before or after the process is issued against him, pay to the county treasurer, or to the clerk of the court, the amount for which he was bound as surety, with such costs as the court directs, and be thereupon forever discharged. § 28. (SEC. 27.) Penalty of recognizance may be remitted, when. When any action is brought, in the name of the state of Minnesota, against a principal or surety in any recognizance entered into either by a party or a witness in any criminal prosecution, and the penalty of such recognizance is adjudged forfeited, the court may, on application of any party defendant, remit any part or the whole of such penalty, and may render judgment thereon for the state, according to the circumstances of the case and the situation of the party, and upon such terms and conditions as to such court seems just and reasonable. 10 M. 22 (39). § 29. (SEC. 28.) Action on recognizance not barred or defeated, when. No such action brought on a recognizance, as mentioned in the preceding section, shall be barred or defeated, nor shall judgment thereon be arrested, by reason of any neglect or omission to note or record the default of any principal or surety, at the term when such default happens, nor by reason of any defect in the form of the recognizance, if it sufficiently appears from the tenor thereof at what court the party or witness was bound to appear, and that the court or magistrate before whom it was taken was authorized by law to require and take such recognizance. 10 M. 22 (39). $30. (SEC. 29.) Proceedings in such action, or where payment is made. Whenever, upon action brought upon any recognizance to prosecute an appeal, the penalty thereof is adjudged to be forfeited, or when, by leave of the court, such penalty has been paid to the county treasurer, or to the clerk of the court, without a suit, or before judgment has been given in a manner by law provided, if by law any forfeiture accrues to any person by reason of the offence of which the appellant was convicted, the court may award to him such sum as he may be entitled to out of such forfeiture. § 31. (SEC. 30.) Defendant, defaulting on recognizance, may be arrested. If a defendant in any indictment has been let to bail after verdict or trial, and neglects to appear before any court or officer at any time or place at which he is bound to appear and submit to the jurisdiction of the proper court or officer, the court or officer before which he is bound to appear may cause such defendant to be arrested, in the same manner as upon the finding of an indictment, and may forfeit his recognizance, and direct the same to be prosecuted. § 32. (SEC. 31.) Proceedings on application to judge for bail. When, in any case, a party in custody is desirous of giving bail, the offence being bailable, and the district court is not in session in the county, he may apply to the judge thereof, or a judge of the supreme court, upon his affidavit showing the nature of the application and the names of the persons to be offered as bail, with a copy of the mittimus or papers upon which he is held in custody. The judge may thereupon by order direct the sheriff to bring up said party, at a time and place named, for the purpose of giving bail. Notice of such application shall be given to the county attorney, if he is within the county, and no matters can be inquired into except such as relate to the amount of bail and the sufficiency of the sureties. $33. (SEC. 32.) Bail to justify in all cases. Bail shall in all cases justify by affidavit, or upon oral examination before the court, judge or magistrate, as the case may be. SECTION. CHAPTER CVII. GRAND-JURIES. SECTION. 1-6. Grand-jury defined-when to be drawn-who 7-11. Venire to issue-its contents-jurors, how 12. Number necessary to form jury. 13-20. Challenges-to panel-to individual jurorhow entered and tried-clerk to enter decision-effect of allowance of challenge to panel of challenge to a juror-penalty on Juror acting after challenge allowed. 21-26. Foreman to be appointed-jury to be sworn to be charged by court-to retire and make inquiry of offences-to appoint a clerk-his duties-discharge of jury. 27-30. Powers and duties of jury-indictments or presentment to be found, when-"indictment" and "presentment" defined. 31-36. Foreman to swear witnesses-evidence receivable-for defendant, when to be received-jury should find indictment, whenJuror to disclose his own knowledge as to 43-48. 49-50. 51-56. 57-60 offence. Subjects of inquiry by jury-access to prisons and public records-advice from court and county attorney-county attorney to attend-but not when vote is taken, etc. Jurors to observe secrecy-required to make disclosure, when-action of juror not to be questioned-exception in case of perjury. Presentment-how found-to be presented to clerk and filed-depositions also to be returned, filed, and kept secret-penalty for violation of secrecy-defendant, after arrest, to have copy of depositions. Indictment or presentment to be kept secret till arrest of defendant-penalty for disclosure. Bench-warrant to issue on presentment, when-form thereof-service-proceedings on arrest of defendant-copies of presentment and depositions to be furnished him. Indictment-how found-charge to be dismissed, when-effect of dismissal-indictment to have names of witnesses on it-to be presented to court and filed. § 1. Grand-jury defined. A grand-jury is a body of men, not less than sixteen nor more than twenty-three in number, returned at stated periods from the citizens of the county, before a court of competent jurisdiction, chosen by lot, and sworn to inquire of public offences committed or triable in the county. § 2. When to be drawn. A grand-jury shall be drawn for every term of the district court in each of the organized counties of this state, except that in counties containing less than twelve thousand inhabitants, if it shall be made to appear to the judge of said court that there are no matters to be presented to such grand-jury not properly cognizable before a justice of the peace, the said judge may, in his discretion, by order direct that no grand-jury be drawn or summoned for such term. The census, state or national, as the case may be, next preceding any such term of said court, shall be resorted to in determining the number of inhabitants in any county: provided, that nothing herein contained shall be so construed as to prevent the issuance of a special venire for a grand-jury, as now provided by law. (As amended 1877, c. 37, § 1.) $3. Who liable to be drawn. All persons who are qualified electors of this state are liable to be drawn as grand-jurors, except as hereinafter provided. $4. Who are exempt. The following persons are exempt from service as grand-jurors : all United States officers, all judges of courts of record, commissioners of public buildings, auditors and treasurer of state, state librarian, clerks of courts, registers of deeds, sheriffs and their deputies, coroners, constables, attorneys and counsellors at law, ministers of the gospel, preceptors and teachers of incorporated academies, one teacher in each common school, practicing physicians and surgeons, one miller to each grist-mill, one ferryman to each licensed ferry, all acting telegraph operators, all members of companies of firemen organized according to law, all persons of more than sixty years of age, all persons not of sound mind or discretion, persons subject to any bodily infirmity amounting to disability; all persons are disqualified from serving as grand-jurors who have been convicted of any infamous crime. (As amended 1873, c. 72, § 1.) § 5. Names for drawing, how prepared. On receiving the list of grand-jurors from the county auditor, as selected by the board of county commissioners, the clerk of the district court shall write the names of the persons contained therein on separate pieces of paper, and fold up such pieces of paper, each in the same manner as near as possible, so that the name written thereon shall not be visible, and shall deposit the same in a box, to be drawn as hereinafter provided. 23 M. 209. § 6. When and how to be drawn. At least fifteen days before the sitting of any district court the clerk thereof, in the presence of the sheriff or his deputy, and a justice of the peace, shall proceed to draw the names of twenty-three persons from the box, to serve as grand-jurors at such court. § 7. Venire to issue contents. Said clerk shall, twelve days at least before the first day of the court, issue and deliver to the sheriff a venire under the seal of the court, commanding him to summon the persons so drawn, to appear before the said court, at or before the hour of eleven o'clock A. M., on the first day of the term thereof, to serve as grand-jurors. § 8. Same-service-return. The sheriff shall summon the persons so named in the venire to attend such court as grand-jurors, at least six days before the sitting thereof, by giving personal notice to each person, or by leaving a written notice at his place of residence, with some person of proper age. He shall return such venire to the court, at the opening thereof, specifying those who were summoned, and the manner in which each person was notified. § 9. Neglecting to attend-penalty. If any person duly drawn and summoned to attend as a grand-juror neglects to attend, without sufficient excuse, he shall pay a fine not exceeding thirty dollars, which shall be imposed by the court to which the juror was summoned, and shall be paid into the county treasury. $10. Deficiency, how supplied. In case of a deficiency of grand-jurors in any court, writs of venire facias may be issued to the proper officer, to return forthwith such further number of grand-jurors as are required. 16 M. 313; 17 M. 76; 23 M. 209, § 11. Additional jurors bound to attend, etc. The proper officer shall summon such persons accordingly, who shall be bound forthwith to attend and serve, unless excused by the court, in the same manner, and subject to the same penalties for neglect, as persons duly drawn by the clerk of the district court, and summoned as herein provided. § 12. Number necessary to form jury. Not more than twenty-three, nor less than sixteen persons, can be sworn on a grand jury, nor can a grand jury proceed to any business unless sixteen members at least are present. § 13. Who may challenge panel or juror. A person held to answer a charge for a public offence may challenge the panel of the grand-jury, or any individual grandjuror, before they retire, after being sworn and charged by the court. 3 M. 329 (444); 4 M. 261 (345) ; 22 M. 423. § 14. Causes of challenge to panel. A challenge to the panel may be interposed for one or more of the following causes, only: First. That the requisite number of ballots was not drawn from the grandjury box of the county; 23 M. 209. Second. That the drawing was not had in the presence of the officer designated in section six of this chapter; Third. That the drawing was not had at least fifteen days before the court. § 15. Causes of challenge to juror, A challenge to an individual grand-juror may be interposed for one or more of the following causes only: First. That he is a minor; Second. That he is an alien, and has not resided in the United States one year, and in this state four months, and has not declared his intention to become a citizen according to the laws of the United States; Third. That he is insane; Fourth. That he is a prosecutor upon a charge against the defendant; Fifth. That he is a witness on the part of the prosecution, and has been served with process, or bound by a recognizance as such; Sixth. That a state of mind exists on his part in reference to the case, or to either party, which satisfies the court, in the exercise of a sound discretion, that he cannot act impartially, and without prejudice to the substantial rights of the party challenging. § 16. Challenges to be tried by court. The challenges mentioned in the last three sections, shall be entered upon the minutes, and tried by the court. §17. Clerk to enter decision of court. The court shall allow or disallow the challenge, and the clerk shall enter its decision upon the minutes. § 18. Effect of allowance of challenge to panel. If a challenge to the panel is allowed, the grand-jury are prohibited from inquiring into the charges against the defendant by whom the challenge was interposed; if they should notwithstanding do so, and find an indictment against him, the court shall direct it to be set aside. § 19. Effect of allowance of challenge to juror. If a challenge to an individual grandjuror is allowed, he cannot be present at, or take part in the consideration of the charge against the defendant who interposed the challenge, or the deliberations of the grand-jury thereon. $20. Same-penalty for ignoring. The grand-jury shall inform the court of a violation of the provisions of the last section, and it is punishable by the court as a contempt. § 21. Court shall appoint foreman. From the persons summoned to serve as grand-jurors and appearing, the court shall appoint a foreman. The court shall also appoint a foreman, when a person already appointed is discharged or excused before the grand-jury are dismissed. $22. Jury shall be sworn. The grand-jury shall then be sworn according to law, and if, afterward, any grand-juror appears and is admitted as such, the same oath shall be administered to him. 16 M. 313. § 23. Charge of court. The grand-jury, being impannelled and sworn, shall be charged by the court; in doing so, the court shall read to them the provisions of this chapter, from section twenty-seven to section forty-two, both inclusive, and give them such information as it may deem proper as to the nature of their duties, and any charges for public offences returned to the court, or likely to come before the grand-jury; the court need not, however, charge them respecting the violation of a particular statute, unless made expressly its duty to do so by the provisions of such statute. |