Manner of conducting examina tion. Ibid. Ibid. Testimony to be reduced to wriking. Prisoner when to be discharged. When to be bailed or committed. 1 Cal. Rep., 9. 4 Denio, 530. County, and the like proceedings shall be had thereon as upon the breach of the condition of a recognizance for appearance before such Court. (5989.) SEC. 13. The magistrate before whom any person is brought, upon a charge of having committed an offence, and not cognizable by a Justice of the Peace, shall proceed as soon as may be, to examine the complainant, and the witnesses in support of the prosecution, on oath, in the presence of the prisoner, in regard to the offence charged, and in regard to any other matters connected with such charge, which such magistrate may deem pertinent. (5990.) SEC. 14. After the testimony in support of the prosecution has been given, the witnesses for the prisoner, if he have any, shall be sworn and examined, and he may be assisted by counsel in such examination, and also in the cross examination of the witnesses in support of the prosecution. (5991.) SEC. 15. The magistrate, while examining any witness, may exclude from the place of examination all the witnesses who have not been examined; and he may also, if requested, or if he see cause, direct the witnesses, whether for or against the prisoner, to be kept separate, so that they cannot converse with each other, until they shall have been examined. (5992.) SEC. 16. The evidence given by the several witnesses examined, shall be reduced to writing by the magistrate, or under his direction, and shall be signed by the witnesses respectively. (5993.) SEC. 17. If it shall appear to the magistrate, upon the examination of the whole matter, either that no offence has been committed, or that there is not probable cause for charging the prisoner therewith, he shall discharge such prisoner. (5994.) SEC. 18. If it shall appear that an offence not cognizable by a Justice of the Peace has been committed, and Mich. Rep., 609. that there is probable cause to believe the prisoner guilty thereof, and if the offence be bailable by the magistrate, and the prisoner offer sufficient bail, it shall be taken, and the prisoner discharged; but if no sufficient bail be offered, or the offence be not bailable by the magistrate, the prisoner shall be committed to prison for trial. Complainant and Witnesses to re@ognize. (5995.) SEC. 19. When the prisoner is admitted to bail, or committed by the magistrate, such magistrate shall bind by recognizance, the complainant, and all the material witnesses against such prisoner, to appear and testify at the next Court having cognizance of the offence, and in which the prisoner shall be held to answer, and it shall be competent, in all cases contemplated in this section, for any magistrate in the County where any such offence is alleged to have been committed, to issue process to compel the attendance of any witness or witnesses, before him, at any time in vacation or between the terms of the Court having cognizance of the offence, for the purpose of compelling such witnesses to enter into any recognizance required by the provisions of this section. ties. (5996.) SEc. 20. If the magistrate shall be satisfied by due when with sureproof, that there is good cause to believe that any such witness will not perform the condition of his recognizance, unless other security be given, such magistrate may order the witness to enter into a recognizance, with one or more sureties as may be deemed necessary, for his appearance at Court. a Recognizances of married women (5997.) SEC. 21. When any married woman or minor is material witness, any other person may be allowed to and minors. recognize for the appearance of such witness. nize; commit (5998.) SEC. 22. All witnesses required to recognize, either Refusal to recogwith or without sureties, shall, if they refuse, be committed ment. to prison by the magistrate, there to remain until they comply with such order, or be discharged according to law. whom let to bail. (5999.) SEC. 23. Any Justice of the Supreme Court, Circuit Prisoners by Court Commissioner, or any Judge of any County Court for 3 Mich. Rep., 42. any county, on application of any prisoner committed for any bailable offence, and after due notice to the Prosecuting Attorney for the county, may inquire into the case, and admit such prisoner to bail; and any person committed for not finding sureties to recognize for him, may be admitted to bail by any of the said officers. whom complaint sociate with him. (6000.) SEC. 24. Any magistrate, to whom complaint is Magistrate to made, or before whom any prisoner is brought, may associate is made, may aswith himself one or more other magistrates of the same self one or more county, and they may together execute the powers and duties trates. conferred upon such magistrates respectively by this chapter; but no fees shall be taxed for such associates. other Magis recognizances to turned, etc. (6001.) SEc. 25. All examinations and recognizances, taken Examination and by any magistrate, pursuant to any of the provisions of this be certified, rechapter, shall be forthwith certified and returned by him to the Clerk of the Court before which the party charged is bound to appear, and if such magistrate shall refuse or neglect to return the same, he may be compelled forthwith by rule of charged with the Court, and in case of disobedience, he may be proceeded against by attachment as for a contempt. When prisoners (6002.) SEC. 26. Officers before whom persons charged with crime may be crime shall be brought, shall have power to let to bail as 3 Mich Rep, 42. follows: let to bail. In what cases Circuit Courts 1. Any Justice of the Supreme Court, or a Circuit Court Commissioner, or any Judge of any County Court for any county, in all cases, except for capital offences, or for murder in the first degree, when the proof is evident or the presumption great; 2. Any Judge of the County Court for any county, in all cases where the punishment for the offence charged shall be less than imprisonment for life in the State prison; 3. Any Justice of the Peace, or Mayor, or Recorder of a city, in all cases where the punishment for the offence charged shall not be more than ten years imprisonment in the State prison. (6003.) SEC. 27. The several Circuit Courts shall have may let to bail. power to let to bail any person committed, in all cases in which a Justice of the Supreme Court is authorized to let such person to bail. perseded and re Commitments su- (6004.) SEC. 28. When any person brought before a Justice cognizances dis of the Peace shall be committed to prison, or shall be under knowledgment of recognizance to answer to any charge of assault and battery, @harged on ac satisfaction. Order for discharge of recog or other misdemeanor, for which the injured party shall have a remedy by civil action, if the injured party shall appear before the magistrate having cognizance of the offence, who made the commitment or took the recognizance, and acknowledge in writing that he has received satisfaction for the injury, the magistrate may, in his discretion, on payment of the costs which have accrued, discharge the accused or the recognizance, or supersede the commitment, by an order under his hand; and may, in like manner, discharge all recognizances, and supersede the commitment of all witnesses in the case. (6005.) SEC. 29. Every such order discharging any recog Bizance where nizance, shall be filed in the office of the Clerk of the County; filed, and order mitment, to ⚫to. superseding com- and every such order superseding the commitment of the whom delivered, offender, or any witness, shall be delivered to the keeper of the jail where he shall be confined, who shall forthwith discharge him; and every such order, if so filed and delivered, and not otherwise, shall forever bar all remedy by civil action for such injury. edgment of in case of indict (6006.) SEC. 30. If an indictment shall be found on any such Effect of ackowlcharge, the injured party may, in like manner, appear in the jured party in Court where such indictment is pending, and acknowledge ment found, etc. satisfaction for the injury and damages sustained by him; and such Court may, in its discretion, on payment of the costs incurred, order that no further proceedings be had on such indictment, and may discharge the defendant therefrom; which order shall operate as a perpetual stay of all further proceedings on such indictment. preceding Sec (6007.) SEC. 31. The provisions of the three last sections The three last shall not extend to any charge or indictment for any assault tions qualified. and battery or other misdemeanor, charged to have been committed by or upon any officer or minister of justice, whilst in the execution of the duties of his office, or riotously, or with an intent to commit a felony. cognizance not to note default of 2 Greenl, 62. 12 do. Mass., 520. 16 1. do. 447. (6008.) SEC. 32. No action brought upon any recognizance Action upon re entered into in any criminal prosecution, either to appear and barre by neglect answer, or to testify in any Court, shall be barred or defeated, principal, etc. 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 time when such default shall happen, nor by reason of any defect in the form of the recognizance, if it sufficiently appear, from the tenor thereof, at what Court the party or witness was bound to appear, and that the Court, or a magistrate before whom it was taken, was authorized by law to require and take such recognizance. An Act Concerning Bail in Criminal Cases. [Approved March 31, 1840. Laws of 1840, p. 152.] any may compel prin. sureties or be (6009.) SECTION 1. Be it enacted by the Senate and House of When sureties Representatives of the State of Michigan, That in all criminal cipal to give new cases, where any person or persons have entered into committed. recognizance for the personal appearance of another, and such bail and surety shall afterwards believe that his principal intends to abscond, or has absconded, such bail or surety, on application to any Justice of the Peace in the county in which the recognizance is taken, or in which such principal resides, and producing evidence of his being bail or surety, and verifying the reason of his application by oath or otherwise, it shall be the duty of such justice forthwith to grant a mittimus, directed to the Sheriff, his deputy or Constable, or other person of the County in which such application shall be made, commanding such officer or other person forthwith to arrest such principal, if he is to be found within this State, and bring him before such justice, that other and sufficient security may be taken, and in failure so to do, commit him to the keeper of the common jail in said county, who is hereby authorized to receive such principal, and him retain in jail until he is discharged by a due course of law. SEC. 2. That this act shall take effect and be in force from and after its passage. CHAPTER CXCV. OF INDICTMENTS AND PROCEEDINGS BEFORE TRIAL. SECTION 6010. Court may discharge Grand Jurors in certain cases; Deficiencies how supplied. 6011, 6012. Grand Jurors how impanneled and sworn. 6013. Affirmation may be substituted for oath. 6014. Number of persons to be sworn as Grand Jury; Election of foreman. 6015. Foreman to serve until discharged; In case of his death, etc., another to be elected. 6016. Person held to answer, etc., may object to competency of Juror in certain cases. 6017. When array not to be challenged. 6018. Who may administer oath, etc. 6019. Jury may appoint Clerk, etc. 6020. Grand Jury dismissed before adjournment of Court, may be summoned again. 6027. Limitation of criminal prosecutions. 6029. When person held in prison, etc., to be 6030. Insanity of prisoner. 6031. Person indicted entitled to copy of indict ment. SECTION 6032. Prosecuting Attorney not to enter Nolle Prosequi, without leave of Court. 6033. Who may issue Warrant for arrest of per- 6034. To whom Warrant to be directed. 6036. Disobedience to Subpoena, how punished. 6011. Persons stealing property in one County 6042. Plea in abatement, etc., not to be received unless verified. 6043. Certain omissions, etc., not to affect validity of indictment, etc. 6044. When Court may grant Commission to 6045. Execution, etc., of Commission. 6047. Indictment for murder, what to contain. 6049. For perjury and subornation of perjury what sufficient. 6059. Proof of felony on trial for misdemeanor not to entitle Defendant to acquittal. |