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any, shall be returned to said court without delay; and if the person so recognising shall fail to appear according to the condition of the recognizance, the like proceedings shall be had as in the case of other recognizances entered into before a justice; but if such person would not have been bailable in case the offence had been committed in this District, he shall be committed to jail, and there detained until the day so appointed for his appearance before said court.

SEC. 39. The justice by whom such person may be so recognised or committed shall immediately inform the judge of the criminal court of the fact, who shall thereupon communicate the same to the executive of the State where the crime is charged to have been committed.

SEC. 40. If the person so recognised or committed shall appear before said court upon the day ordered, he shall be discharged, unless he shall be demanded by some person authorized by the warrant of the executive to receive him, or unless said court shall see cause to commit him, or to require him to recognise anew for his appearance at some other day; and if, when ordered, he shall not so recognise, he shall be committed and detained as before. But whether the person so charged shall be recognised, committed, or discharged, any person authorized by the warrant of the executive may, at all times, take him into custody, and the same shall be a discharge of the recognizance, if any, and shall not be deemed an escape.

SEC. 41. No person under prosecution for any offence alleged to have been committed within this District shall be delivered up to the executive authority of the State, until such prosecution shall be determined, and the person prosecuted shall be punished, if condemned; nor shall any person under recognizance to appear as a witness in any such prosecution be so delivered up until said prosecution shall be determined.

SEC. 42. The President of the United States may offer a reward for apprehending and securing any person convicted of an offence, or charged therewith, who shall have escaped from prison, or for apprehending and securing any person charged with an offence, who, there is reason to fear, cannot be arrested in the common course of proceeding. But no such reward shall be paid to any marshal or other officer who may arrest such person by virtue of any process in his hands to be executed.

CHAPTER 143.

OF PRESENTMENTS, INDICTMENTS, INFORMATIONS, AND PROCEEDINGS

BEFORE TRIAL.

SECTION

26. Indictment, &c.; when stayed on injured party acknowledging satisfaction.

SECTION

1. Grand jurors; when and how summoned. 2. Grand jurors drawn, &c., like jurors for trial.

3. Sixteen to form a quorum.

4. Deficiency of grand jurors; how supplied. 5. Grand jurors; how empanneled and

sworn.

6. Court to charge grand jury.

7. Grand jurors to elect a foreman.

8. And in his absence to elect another.

9. Who may swear witnesses before grand jury, &c.

10. Jurisdiction of grand jury.

11. Indictment; when only exhibited to grand jury.

12. Presentments and indictments; how found.

13. Indictment; how endorsed by foreman, and returned.

14. Return of indictment, &c.

15. A second indictment may be sent to the
grand jury after one returned not found.
16. Grand jury may be discharged and re-
summoned any time during same term.
17. Secrecy of grand jurors.
18. Ditto, and as to what they may testify.
19. Within what time person confined on
criminal charge to be indicted, or dis-
charged.

20. Process; how issued on finding and re-
turn of indictment.

21. When accused entitled to a copy of indictment and list of jurors.

22. District attorney may appear, &c., before grand jury.

23. Accused to have same means to compel the attendance of witnesses as United States.

24. District attorney may summon witnesses. 25. Not necessary to tender fees to witnesses in criminal cases.

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38. For what defects indictment or informa-
tion not set aside or quashed.
39. Manner of pleading a judgment.

40. Intent to defraud; how alleged in indict-
ment and proved.

41. In prosecution for forgery, not neces sary to set forth fac similie.

42. What criminal actions may be prosecuted by information.

Information; by whom and how filed,

&c.

45. Duty of justice of peace on recognising, &c., any person for an offence prosecuted by information.

46. Witnesses' names endorsed on information.

43.

44.

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47. Information; when amended.
48. Other fines recoverable on information
filed in criminal court.

SECTION 1. The marshal of the District, at least five and not more than thirty days before the commencement of each term of the criminal court, shall summon twenty-three grand jurors, to be returned to that

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court, who shall have all the qualifications of petit jurors, and be held to serve until discharged by the judge thereof.

SEC. 2. All grand jurors shall be drawn, summoned, and returned, in the same manner as jurors for trial.

SEC. 3. Any sixteen or more of such persons shall be a competent grand jury.

SEC. 4. In case of a deficiency of grand jurors occurring at any time, the marshal shall return forthwith from the citizens of this District, and not from bystanders, such further number as may be required.

SEC. 5. The clerk of the court shall prepare an alphabetical list of the names of all the persons returned as grand jurors, and when the jury is to be empanneled, the three persons first named on the list shall be called, and the following oath be administered to them: You, as grand jurors of this inquest for the body of the county of Washington, 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; the government's counsel, your fellows', and your own, you shall keep secret; you shall present no man for envy, hatred, or malice, neither shall you leave any man 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. The other jurors shall then be called, in such divisions as the court may deem proper, and the following oath shall be administered to them: The same oath which your fellows have taken on their part, you, and each of you, on your behalf, shall well and truly observe and keep: So help you God.

SEC. 6. The grand jury, after being sworn, shall be charged as to their duty by the judge of the criminal court.

SEC. 7. After the grand jurors have been empanneled, 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, they shall elect, by ballot, one of their number to be their foreman, and give notice thereof to the court, and the clerk shall record the same.

SEC. 8. The foreman elected by the grand jury shall be foreman during the whole period they are required to serve, but in his absence

CHAPTER 143.

OF PRESENTMENTS, INDICTMENTS, INFORMATIONS, AND PROCEEDINGS

BEFORE TRIAL.

SECTION

1. Grand jurors; when and how summoned. 2. Grand jurors drawn, &c., like jurors for trial.

3. Sixteen to form a quorum.

4. Deficiency of grand jurors; how supplied. 5. Grand jurors; how empanneled and

sworn.

6. Court to charge grand jury.

7. Grand jurors to elect a foreman.

8. And in his absence to elect another.

9. Who may swear witnesses before grand jury, &c.

10. Jurisdiction of grand jury.

11. Indictment; when only exhibited to grand jury.

12. Presentments and indictments; how found.

13. Indictment; how endorsed by foreman, and returned.

14. Return of indictment, &c.

15. A second indictment may be sent to the grand jury after one returned not found. 16. Grand jury may be discharged and resummoned any time during same term. 17. Secrecy of grand jurors. 18. Ditto, and as to what they may testify. 19. Within what time person confined on criminal charge to be indicted, or discharged.

20. Process; how issued on finding and return of indictment.

21. When accused entitled to a copy of indictment and list of jurors.

22. District attorney may appear, &c., before grand jury.

23. Accused to have same means to compel the attendance of witnesses as United States.

24. District attorney may summon witnesses. 25. Not necessary to tender fees to witnesses in criminal cases.

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SECTION 1. The marshal of the District, at least five and not more than thirty days before the commencement of each term of the criminal court, shall summon twenty-three grand jurors, to be returned to that

court, who shall have all the qualifications of petit jurors, and be held to serve until discharged by the judge thereof.

SEC. 2. All grand jurors shall be drawn, summoned, and returned, in the same manner as jurors for trial.

SEC. 3. Any sixteen or more of such persons shall be a competent grand jury.

SEC. 4. In case of a deficiency of grand jurors occurring at any time, the marshal shall return forthwith from the citizens of this District, and not from bystanders, such further number as may be required.

SEC. 5. The clerk of the court shall prepare an alphabetical list of the names of all the persons returned as grand jurors, and when the jury is to be empanneled, the three persons first named on the list shall be called, and the following oath be administered to them: You, as grand jurors of this inquest for the body of the county of Washington, 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; the government's counsel, your fellows', and your own, you shall keep secret; you shall present no man for envy, hatred, or malice, neither shall you leave any man 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. The other jurors shall then be called, in such divisions as the court may deem proper, and the following oath shall be administered to them: The same oath which your fellows have taken on their part, you, and each of you, on your behalf, shall well and truly observe and keep: So help you God.

SEC. 6. The grand jury, after being sworn, shall be charged as to their duty by the judge of the criminal court.

SEC. 7. After the grand jurors have been empanneled, 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, they shall elect, by ballot, one of their number to be their foreman, and give notice thereof to the court, and the clerk shall record the same.

SEC. 8. The foreman elected by the grand jury shall be foreman. during the whole period they are required to serve, but in his absence

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