then an order that he be admitted to bail in the sum of dollars. If the offence be not bailable, then, "I therefore order that he be held to answer the same, at the next term of the district court, to be held in county, and have committed him to the custody of the sheriff, without bail." Sec. 116. If the magistrate find from the evidence before him, that there is no probable cause for believing the defendant guilty of the offence charged, or any other criminal offence, he shall make the following order on the complaint: "I find from the evidence there is no probable cause for believing the defendant guilty. I therefore order that he be discharged." Sec. 120. Causes of challenge to an individual grand juror. Sec. 121. Right of party in custody to challenge; to be brought into court for that purpose. Sec. 122. Right of person recognized to challenge; duty to appear in court and show cause. Sec. 123. If challenge allowed to panel; effect of. Sec. 124. If challenge allowed to individual juror, for causes first, second, or third-effect of. Sec. 125. When challenge allowed for other causes; court shall charge juror. Sec. 126. Grand jury sworn; form of oath. Sec. 128. Grand jury may be sworn as to testimony of witness before grand jury. Sec. 129. Grand juror not to disclose vote, or opinion of any grand juror. Sec. 130. Grand juror not to disclose name of witness, or evidence before grand jury; nor fact of indictment having been found. Sec. 131. Duty of court in charging grand jury. Sec. 132. Authority of foreman to administer oaths. Sec. 133. One of grand jury may be appointed clerk. Sec. 134. Duty of prosecuting attorney to attend grand jury. Sec. 135. Right of prosecuting attorney to appear before grand jury. Sec. 136. Clerk to issue subpoenas when required. Sec. 137. Witness failing to appear, duty of court. Sec. 138. Witness refusing to testify; duty of court. Sec. 139. If court decide, witness shall answer-proceeding. prisoned. Sec. 141. Court may, in certain cases, summons another grand jury. Sec. 142. Duty of sheriff in summoning such grand jury. Sec. 144. Indictment-definition of. Sec. 145. Only legal evidence received before grand jury. Sec. 146. Grand jury not bound to hear evidence for defendant; but may summons evidence to explain charge. Sec. 147. Duty of grand jury to find indictment-when. Sec. 148. Duty of juror having reason to believe an offence has been committed. Sec. 149. Matters which grand jury must inquire into. Sec. 150. Twelve jurors must concur in finding indictment; indictment-how endorsed. Sec. 151. When twelve jurors do not concur, foreman to certify. Sec. 152. When indictment found, presented to court and filed. Sec. 153. Name of prosecutor endorsed, &c. Sec. 154. Name of prosecutor by whom endorsed; effect of, if not endorsed. Sec. 155. Presentment not necessary. Sec. 156. By whom indictment signed. Sec. 157. Names of material witnesses endorsed, &c. Sec. 158. If defendant not held to answer, when indicted, to be arrested. Sec. 159. If offence bailable, court may endorse amount of bail on warrant. Sec. 160. If court fail, or absent, clerk to fix bail. Section 117. The grand juries shall consist of fifteen persons, one of whom shall be appointed foreman by the court. Sec. 118. A challenge may be interposed to the grand jury before the same is sworn, by either the territory, or by any defendant who has been held to answer for any offence. The challenge may be to the panel, or to an individual juror, for any of the following causes (mentioned in the next section). Sec. 119. The challenge to the panel may be for the cause that the same was not drawn in accordance with the essential provisions of the law of this territory; such challenge must specify wherein the drawing did not comply with its requirements. Sec. 120. The challenge to an individual grand juror may be inter posed, for one or more of the following causes: First. That the juror is a minor. Second. That he is an alien. Third. That he is insane. Fourth. That he is the prosecutor on the charge against the defendant. Fifth. That he is a witness on the part of the prosecution, and has been served with process, or is bound by a recognizance as such. Sec. 121. When a party has been held to answer for an offence, and is in custody of an officer, it shall be the duty of the judge presiding, before the grand jury is sworn, to direct the sheriff of the county to bring such person into court, and there notify him of his rights in relation to the challenging of the jury, and, if necessary, appoint counsel for him. If such person then fails to challenge the grand jury, or any member thereof, he shall be deemed to have waived all objections to the same. Sec. 122. If any person shall be held to answer for any offence, and has been admitted to bail, it shall be his duty to appear in court at the time the grand jury is called, and upon the court advising all persons who have been held to appear, and have (been) admitted to bail, to appear and make known their cause of challenge, if they have any, against the grand jury; if he fail to interpose any challenge, either to the panel of the jury, or to any individual juror, he shall be deemed to have waived the same. Sec. 123. If a challenge is allowed to the panel of the grand jury, the court shall discharge the same, and order a venire to issue for a new grand jury in accordance with law. Sec. 124. If a challenge is allowed to an individual juror for the first, second, or third causes, such person shall be excused from the jury, and if there be not enough jurors to complete the panel left, the court shall order a venire to issue to complete the same. Sec. 125. When a challenge is allowed to any juror for either the fourth or fifth causes therefor, the court shall charge the juror that he must not act as a grand juror in any manner in the investigation of the charge against the person challenging; and that any violation of this order will be considered a contempt of court. Sec. 126. When the panel of the grand jury is completed, the following oath or affirmation, in substance, shall be administered to them: "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 ill-will, 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." Sec. 127. The grand jury being empanelled and sworm, shall be charged by the court. In doing so, the court shall 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 violations of any particular statute, except when specially required by law. Sec. 128. 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. 129. 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. 130. 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 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. thereon. Sec. 131. In charging grand juries, the court shall ap; rise 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. 132. 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 of giving evidence of any matter cognizable by them. Sec. 133. Every grand jury may appoint one of their number to 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 the purpose grand jury. Sec. 134. Whenever required by any grand jury, it shall be the duty of the attorney prosecuting in the county, to attend them purpose of examining witnesses in their presence, or giving for the them advice upon any legal matter. Sec. 135. 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. 136. 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. 137. 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. 138. 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. 139. 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. 140. 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. 141. 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 clerk of the court to issue a venire to the sheriff, commanding him to summon another grand jury. Sec. 142. The sheriff shall, accordingly, forthwith 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. 143. The grand jury has the power, and it is their duty, |