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

another foreman shall be elected in the same manner, who shall perform the duties of foreman during such absence, and in case of the death of the foreman, for the residue of their term of service.

SEC. 9. The foreman of every grand jury, and the district 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 a list, under his hand, of all witnesses who shall have been sworn before the grand jury during the term, and the same shall be filed of record by the clerk.

SEC. 10. The jurisdiction of the grand jury shall extend to all offences which may be punishable capitally, or in whole or in part by confinement in the county jail or penitentiary, except such as are within the exclusive jurisdiction of justices of the peace, and they shall have power to make presentments or find indictments therein.

SEC. 11. No indictment shall be exhibited to the grand jury without a previous presentment, unless the offender be bound over to such

court.

SEC. 12. At least twelve of the grand jury must concur in making or finding a presentment or indictment. They may make a presentment upon the information of any of their own body, or on the testimony of witnesses called on by the grand jury, or sent to it by the court or district attorney. The names of the grand jurors giving the information, or of the witnesses, shall be written on the foot of the presentment or indictment.

SEC. 13. Every indictment found by the grand jury must be endorsed by the foreman, "A true bill, A B, foreman," and be returned into open court and filed by the clerk.

SEC. 14. Each indictment must be signed also by the district attorney or prosecuting officer, and when the grand jury return an indictment into court the judge must examine it, and if the foreman has neglected to endorse it, as required, or if the prosecuting attorney has omitted to sign his name, the court must cause the foreman to endorse or the prosecuting attorney to sign it, as the case may require, in the presence of the jury.

SEC. 15. Although a bill of indictment be returned "not found,”

another bill of indictment against the same person for the same offence may be sent to and acted on by the same or another grand jury.

SEC. 16. The judge of the criminal court may discharge the grand jury in attendance thereon when, in his opinion, the public interest will be subserved thereby. When the grand jury 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 despatch of any business that may come before them.

SEC. 17. No grand juror or officer of the court shall disclose the fact that an indictment 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.

SEC. 18. No grand juror shall be allowed to state or to testify in any court in what manner he or any other member of the jury voted on any question before them, or what opinion was expressed by any juror in relation to such question; and in charging the grand jury the court should remind them of the provisions of this and the preceding sections. They may, however, be called on to testify whether the evidence of a witness examined before them is consistent with or different from the evidence given by such witness in the progress of the trial; 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. 19. Any person held in jail charged with an indictable offence shall be discharged if he be not indicted before the end of the 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 government have been enticed or kept away, or are detained and prevented from attending the court by sickness or some inevitable accident, or that the delay occurred in consequence of the insanity of the accused.

SEC. 20. If the grand jury shall find and return to the court an indictment for an offence not bailable, process shall be immediately issued by the court for the arrest of the party charged therewith, if he be not already in custody. And when an indictment shall be found and returned as aforesaid, or an information be filed, for a bailable offence, process shall issue in like manner, if the party be not

already in custody or under recognizance, and the court shall specify therein in what amount the party may be let to bail.

SEC. 21. In all trials for treason or felony, the accused, if in custody or under recognizance, shall, on demand made upon the clerk by himself or his counsel, at any time before trial or sentence, have a copy of the indictment, and all endorsements thereon, and a list of the jurors returned, without paying any fees therefor.

SEC. 22. The district attorney may appear before the grand jury, on their request, for the purpose of giving information relative to any matter cognizable by them, and may be permitted to interrogate witnesses before them when they shall deem it necessary. But neither he, nor any other person, except the grand jurors, shall be present during the expression of their opinion, by vote or otherwise, upon any matter before them.

SEC. 23. Every person charged with an offence by indictment or information, shall have the same means of compelling the attendance of his witnesses as the United States have or shall have for compelling the attendance of witnesses. Witnesses in criminal proceedings, except as otherwise specially provided, shall be subpoenaed, produced, and sworn, as in civil cases.

SEC. 24. The district attorney, or other prosecuting officer, may in all cases issue subpoenas for witnesses to appear and testify on behalf of the United States, 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 penalty, in case of default, as if issued by the clerk.

SEC. 25. It shall not be necessary to pay or tender any fees to any witness who is subpoenaed on behalf of the United States or the accused, to testify in any criminal prosecution, but every such witness shall be bound to attend, and be punishable for non-attendance, in the same manner as if the fees allowed by law had been paid to him.

SEC. 26. Whenever an indictment shall be found or information be filed against any person for an assault and battery, or other misdemeanor for which the party injured may have a remedy by civil action, except when the offence was committed by or upon the mar shal or other officer of justice, or riotously, or with intent to commit a felony, if the party injured shall appear in court where such indictment or information is pending, and acknowledge satisfaction for the injury sustained, the court may, on the payment of the costs

accrued, order all further proceedings to be stayed, and discharge the defendant, and the same shall forever bar a remedy for such injury by civil action.

SEC. 27. In a prosecution for a misdemeanor, the name of the prosecutor, if there be one, shall be written at the foot of the presentment, indictment, or information, when it is made, found, or filed; and for good cause the court may require the prosecutor to give security for costs, and if he fail to give the same, may dismiss the prosecution at his cost.

SEC. 28. Every person held in jail upon an indictment or information shall, if he require it, be tried at the next term of the court after the same was found or filed, or shall be bailed upon his own recognizance, unless it shall appear to the satisfaction of the court that the witnesses on behalf of the United States have been enticed or kept away, or are detained and prevented from attending court by sickness or some inevitable accident.

SEC. 29. There shall be no discontinuance of any criminal prosecution by reason of the failure of the court to award process, or to enter a continuance on the record.

SEC. 30. Prosecutions for murder may be commenced at any time after the commission of the offence. For all other felonies, and treason, the prosecution shall be commenced within five years after the commission thereof; and in misdemeanors, except when otherwise specially provided, within two years.

SEC. 31. If any person who has committed an offence shall flee from the District, or so conceal himself therein that process cannot be served upon him, the time of such absence or concealment shall not be included in computing the period of limitation.

SEC. 32. All criminal prosecutions must be in the name of the United States.

SEC. 33. The words used in an indictment or information must be construed in their usual acceptation in common language, except words and phrases defined by law, which are to be construed according to their legal meaning.

SEC. 34. Neither presumptions of law, nor matters of which judicial notice is taken, need be stated in an indictment or information.

SEC. 35. Except when time is an essential ingredient in the offence, the precise time of the commission thereof need not be stated in the