at the discretion of such justice, be admitted to such inquiry, shall be governed by the provisions of law relative to grand jurors. SEC. 5. Any witness neglecting or refusing to appear in When response to such summons or to answer any questions which gutempt. such justice or judge may require material to such inquiry, shall be deemed guilty of a contempt and shall be punished by a fine not exceeding one hundred dollars or imprisonment in the county jail not exceeding sixty days or both at the discretion of the court: Provided, That if such witness after Proviso. being so sentenced shall appear and answer such question, the justice or judge may in his discretion commute or suspend the further execution of such sentence. ing answers SEC. 6. No person shall upon such inquiry be required to Incriminatanswer any questions the answers of which might tend to in- not required. criminate him except upon motion in writing by the prosecuting attorney which shall be granted by such justice or judge, and any such questions and answers shall be reduced to writing and entered upon the docket or journal of such justice or judge, and no person required to answer such questions upon such motion shall thereafter be prosecuted for any offense concerning which such answers may have tended to incriminate him. SEC. 7. Grand juries shall not hereafter be drawn, sum- Grand juries, moned or required to attend at the sittings of any court within when not this state, as provided by law, unless the judge thereof shall drawn. so direct by writing under his hand, and filed with the clerk of said court. discharged. SEC. 8. Any court in which a grand jury may be sitting, When juror may discharge any of the grand jurors for intoxication or other gross misconduct; and in case of such discharge, or in case of the sickness, death or non-attendance of any grand juror, after he shall have been sworn, the court may cause another juror to be summoned from among the bystanders, or inhabitants of the city, township or village having the qualifications required by law, and to be sworn and to serve in his stead. ministered SEC. 9. The clerk of the court shall prepare an alphabeti- Oath adcal list of all the persons returned as grand jurors, and when to jurors. the jury is to be impaneled, the following oath shall be administered to them: "You as grand jurors of this inquest, for the body of this county of... ....do solemnly swear that you will diligently inquire and true presentment make of all such matters and things as shall be given you in charge; your own counsel and the counsel of the people, and of your fellows, you shall keep secret; you shall present no person for envy, hatred or malice, neither shall you leave any person unpresented for love, fear, favor, affection or hope of reward; but you shall present things truly, as they come to your knowledge, according to the best of your understanding; so help you God". May affirm. Number sworn. Foreman. When not summoned. Challenges. Oaths, who may administer. Clerk, who to appoint. Summoning after dismissal. Indictment for felony. SEC. 10. Any person returned as a grand juror shall be allowed to make affirmation, substituting the word "affirm" instead of the word "swear"; and also the words, "this you do under the pains and penalties of perjury", instead of the words "so help you God". SEC. 11. There shall not be less than sixteen persons sworn on any grand jury; and after such jurors have been impaneled and have received their charge from the court, they shall retire with the officer appointed to attend them and before they proceed to discharge the duties of their office, the court shall appoint one of their number to be foreman and the clerk shall record the same. SEC. 12. The foreman appointed by the court in the manner provided in the preceding section, shall be foreman during the whole time they are required to serve; but in case of his death or absence or if he shall be discharged, or excused before the grand jury shall be dismissed, another of such jurors shall be appointed foreman for the residue of such time of service. SEC. 13. A person held to answer to any criminal charge may object to the competency of any one summoned to serve as a grand juror, on the ground that he is the prosecutor or complainant upon any charge against such person; and if such objection be established, the person so summoned shall be set aside. SEC. 14. No challenge to the array of grand jurors, or to any person summoned as a grand juror, shall be allowed in any other case than that specified in the preceding section. SEC. 15. The foreman of every grand jury, the attorney general and the prosecuting attorney, or other prosecuting officer who shall be before them, shall have authority to administer all oaths and affirmations, in the manner prescribed by law, to witnesses who shall appear before such jury for the purpose of testifying in any matter of which they may have cognizance, and the foreman shall return to the court, or deliver to the prosecuting officer, a list of all the witnesses sworn before the grand jury in each case in which an indictment shall be found. SEC. 16. The grand jury may appoint one of their number to be their clerk, to preserve minutes of their proceedings and of evidence given before them; which minutes shall be delivered to the prosecuting officer, when so directed by the grand jury. Whenever it appears to the judge that it is necessary he may appoint a stenographer to take the testimony given before the grand jury. SEC. 17. When the grand jury attending any court shall have been dismissed before the court is adjourned without day, they may be summoned to attend again, in the same term at such time as the court shall direct, for the dispatch of any business that may come before them. SEC. 18. No grand juror, stenographer or officer of the court shall disclose the fact that any indictment for a felony has been found against any person not in custody or under recognizance, otherwise than by issuing or executing process on such indictment, until such person has been arrested. jurors SEC. 19. Members of the grand jury may be required by Grand any court to testify, whether the testimony of a witness exam- required to ined before such jury is consistent with, or different from the testify. evidence given by such witness before such court; and they may also be required to disclose the testimony given before them by any person, upon complaint against such person for perjury, or upon his trial for such offense; but in no case can a member of a grand jury be obliged or allowed to testify or declare in what manner he or any other member of the jury voted on any question before them, or what opinions were expressed by any juror in relation to any such question. advise SEC. 20. Whenever required by the grand jury, it shall be Prosecuting the duty of the prosecuting attorney of the county to attend attorney to them for the purpose of examining witnesses in their presence grand jury. or of giving them advice upon any legal matter. issue sub poenas. SEC. 21. The prosecuting attorney and other prosecuting who may officers, may, in all cases, issue subpoenas for witnesses to appear and testify on behalf of the people of this state; and the subpoena, under the hand of such officer, shall have the same force and be obeyed in the same manner and under the same penalties, as if issued by the clerk or any magistrate. may appear SEC. 22. The prosecuting attorney of the county, or other Prosecutor prosecuting officer, shall be allowed at all times to appear before before the grand jury, on his request, for the purpose of giv- grand jury. ing information relative to any matter cognizable by them; but no prosecuting officer, constable or any other person, except grand jurors, shall be present during the expression of their opinions, or the giving of their votes upon any matter before them. dictment found. SEC. 23. No indictment can be found without the concur- When inrence of at least twelve grand jurors; and when so found, and not otherwise, the foreman of the grand jury shall certify thereon, under his hand, that the same is a true bill. SEC. 24. An indictment for the crime of murder may be Indictments, found at any period after the death of the person alleged to when found. have been murdered; all other indictments shall be found and filed within six years after the commission of the offense; but any period during which the party charged was not usually and publicly resident within this state shall not be reckoned as part of the six years. presented. SEC. 25. Indictments found by a grand jury, with the How names of the complainant and all the witnesses indorsed on the back thereof, shall be presented by their foreman, in their presence, to the court, and shall there be filed and remain as public records; but such as are found against any person for a felony, not being in actual confinement, shall not be open to the inspection of any person except the attorney general or prosecuting attorney until the defendant therein shall have been arrested. When accused SEC. 26. Any person held in prison on any charge of havdischarged. ing committed a crime, shall be discharged if he be not indicted before the end of the second term of the court at which he is held to answer unless it shall appear to the satisfaction of the court that the witnesses on the part of the people have been enticed or kept away, or are detained and prevented from attending the court by sickness or some inevitable accident, and except in the case provided for in the next section. When accused insane. Examination. When removed to hospital. Expense, who to defray. SEC. 27. When a person accused of the crime of murder, attempt at murder, rape, attempt at rape, incest, abduction, highway robbery or arson, or attempt to do great bodily harm, shall appear to be insane or shall have escaped indictment upon the grounds of insanity or shall have been acquitted upon trial upon the grounds of insanity, the court, being certified by the jury or otherwise of the fact, shall carefully inquire and ascertain as herein provided whether his insanity in any degree continues, and if it does, shall order such person into safe custody and to be sent to the Ionia state hospital. When any person in confinement under indictment for the crime of arson, or murder, or attempt at murder, rape or attempt at rape, or incest or abduction, or highway robbery, or assault to do great bodily harm, shall appear to be insane, the judge of the circuit court or other court of record having jurisdiction of criminal causes of the county where he is confined shall institute a careful investigation. He shall call two or more reputable physicians and other credible witnesses, and the prosecuting attorney, to aid in the examination and if it be deemed necessary to call a jury for that purpose, is fully empowered to compel the attendance of witnesses and jurors. If it is satisfactorily proved that such person is insane, said judge may discharge such person from imprisonment and order his safe custody and removal to the Ionia state hospital, where such person shall remain until restored to his right mind and then, if the said judge shall have so directed, the superintendent of said hospital shall inform the said judge and prosecuting attorney, so that the person so confined may within sixty days thereafter he remanded to prison and criminal proceedings be resumed, or he be otherwise discharged. If any such person be sent to said hospital, the county from which he is sent shall defray all expenses of such person while at the hospital for a period of two years, and the expense of returning home to such county if his discharge is effected during such period. If he shall not be discharged from said hospital until after his transfer to the state shall have been effected, under the provision of chapter fifty of the compiled laws of nineteen hundred fifteen, the expenses of his return to said county shall be paid by the state of Michigan. The county or state may recover the amount so paid from the person's own estate, if he have any, or from any relative, town, city, or county that would have been bound under existing laws to provide for and maintain him elsewhere. entitled to SEC. 28. Every person indicted for any offense, who shall Who have been arrested upon process issued upon such indictment copy of or who shall have duly entered into recognizance to appear indictment. and answer to such indictment shall, on demand, be entitled to a copy of the indictment and of all endorsements thereon. SEC. 29. It shall not hereafter be lawful for any prosecut- When ing attorney to enter a nolle prosequi upon any indictment, prosequi not or in any other way to discontinue or abandon the same, with entered. out the leave of the court having jurisdiction to try the offense charged, entered in its minutes. nolle when may SEC. 30. A warrant for the arrest of any person indicted Warrant, may be issued by the court to which the indictment shall be issue. presented, or by any justice of the supreme court, or judge of the court for the county in which such indictment shall be found, or judge of any recorder's court or any court of record having jurisdiction of criminal causes, either in vacation or during the sitting of any such court; but such warrant shall not be issued by any other officer. directed. SEC. 31. Every warrant shall be directed to the sheriff, To whom constable, police officer or peace officer of the county in which the indictment shall be found, and may be executed in any part of this state. SEC. 32. The clerk of any county in which an indictment Subpoenas. shall be found, upon the application of the defendant, and without requiring any fees, shall issue subpoenas as well during the sitting of any court as in vacation, for such witnesses. as the defendant may require, whether residing in or out of the county. ience to SEC. 33. Disobedience to any subpoena issued pursuant to Disobedthe foregoing provisions, shall be punished in the same man- subpoena. ner and upon the like proceedings, as provided by law in other cases; and the person guilty of such disobedience shall be liable to the party at whose instance such subpoena issued in the same manner and to the like extent as in cases of subpoenas issued in any civil suit. when may SEC. 34. Any circuit court or any court of record shall Capiases, have power to issue capiases, in the first instance, for any issue. witness or witnesses in criminal cases, when it shall satisfactorily appear that such witness or witnesses are material and that there will be danger of the loss of their testimony unless such writ be issued. when re SEC. 35. Whenever it shall appear to any court of record Witness, that any person is a material witness in any criminal case quired to pending in any court in the county and that there is danger appear. of the loss of testimony of such witness unless he be required to furnish bail or be committed in the event that he fails to furnish such bail, said court, or a circuit court commissioner in the absence of a judge of any court of record, shall require such witness to be brought before him and after giving him an opportunity to be heard, if it shall appear that such witness |