tion of the sheriff's lists of prisoners charged with crime and confined in jail, will also acquaint the jurors with the names and nature of the offences of those persons requiring their attention

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 the purpose of giving evidence in any matter cognizable by them.1

Whenever required by the grand jury, it shall be the duty of the district attorney of the county to attend them, for the purpose of examining witnesses in their presence, or of giving them advice upon any legal matter, and to issue subpoenas and other processes to bring up witnesses.

2

In the absence of the district attorney this is generally done by the foreman, but it is not only the privilege but the duty of every grand juror to ask such questions of the witnesses as will, in his judgment, elicit the truth touching the matters before them.

The district attorney of the county 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, and may be permitted to interrogate witnesses before them when they shall deem it necessary; but no district attorney, constable or other person, except the grand jurors, shall be permitted to be present during the expression of their opinions, or the giving of their votes upon any matter before them.3

It is generally customary for the district attorney to appear before the grand jury, except during their deliberations after the testimony is closed, and by courtesy, and for the sake of dispatch, he generally conducts the examination of the witnesses.

The minutes taken before the grand jury are used by the district attorney in drawing the indictment, and afterwards to assist him in conducting the examination of the witnesses upon the trial of the accused.

The clerk should keep the minutes of each case on separate sheets of paper, by themselves, entitled at the top with the name of the person against whom the complaint is made, and the

'2 R. S., 724, § 29. 2 R. S., 724, § 32. 2 R. 6., 725, § 33.

nature of the offence charged, and should mark at the bottom of the minutes, "Bill" or "No Bill," as the case may be.

It will be also found advisable for the foreman to keep a list of his own of the cases presented before the jury, consisting of the name of the offender, nature of the offence charged, and the fact whether an indictment is found or not, for his own convenience, as he will be required to indorse his name as foreman under the words "a true bill," upon all indictments which are found. These are drawn by the district attorney, and are not generally presented to the foreman for his signature until at or near the close of the session, unless some special reason, as the immediate arrest or trial of the party requires that they should be sooner presented to the court.

The proceedings before a grand jury are not proceedings before a judicial body, within the meaning of chap. 130, laws of 1854, and the publication of such proceedings is not privileged.1

Where the testimony of witnesses is relied on, the grand jury ought to be satisfied only with such as is good in law, and sufficient to establish a prima facie case, and they ought not to find an indictment unless the testimony against the accused ex parte and unexplained, is sufficient to convict.2

No indictment can be found without the concurrence of at least twelve grand jurors, and when so found, and not otherwise, the foreman of the grand jury shall certify under his hand that such indictment is a true bill.3

In cases where a person shall have escaped indictment on the ground of insanity, it is the duty of the grand jury to certify the fact to the court, who shall carefully inquire and ascertain whether his insanity, in any degree, continues, and if it does, order him into custody, and to be sent to the asylum.*

The attendance of witnesses before the grand jury is enforced by process of subpoena and attachment. The subpoena is subscribed by the district attorney, and no seal is necessary to it. When subscribed by the district attorney issuing the same, it is as valid and effectual as if the seal of the court at which any witness named therein is required to appear had been affixed thereto.5

1 McCabe v. Cauldwell, 18 Abb., 377. "Peo. v. Hyler, 2 Park., 570.

2 R. S., 726, § 36. 5th ed. R. 9., Vol. 2, p. 893, § 48; 8 C. & P., 195, post. 2 R. S., 729, § 66.

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 voted on any question before them, or what opinions were expressed by any juror in relation to any such question.1

A grand jury has full power to make inquiry and to present by indictment all persons charged with crime, whether such persons are or are not under arrest, and examination before any of the magistrates of the county; and where a corener's jury finds that a murder has been committed, and the coroner binds over the witnesses to appear at the next criminal court at which an indictment can be found, it is the duty of the grand jury to proceed at once to act upon the case, without reference to the facts whether the accused is in custody, or whether he is then under examination before the coroner.2

The provisions of the Revised Statutes, relative to the primary examination of persons accused of crimes, do not limit the right of the people, through their officers, to institute accusations before the grand jury, and it is no defence to an indictment that, previous to the complaint before the grand jury, there had been no preliminary proceedings before the magistrate.3

Neither is it an objection to an indictment that it was found while an investigation of the charge was pending before the committing magistrate.1

The practice of renewing a complaint before a subsequent grand jury after a previous grand jury have found an indictment is not to be countenanced. The accuser and the accused ought, as a general rule, to abide by the decision of the first grand jury who act upon the complaint. The court will discountenance the practice of finding two or more indictments for different degrees of the same offence, or for different offences founded on the same matter.5

§ 15. OF THE TIME WITHIN WHICH THE INDICTMENT MAY BE FOUND. By the provisions of the Revised Statutes, indictments for mur

12 R. S., 725, § 31.

Peo. v. Hyler, 2 Park., 566.

อ French v. Peo., 3 Park., 114.

Peo. v. Horton, 4 Park., 222; Peo. v. Strong, 1 Abb., N. S., 244; Peo. v. Heffernan, 5 Park., 393.

der might be found at any time after the death of the person killed, and in all other cases, except those mentioned below, it was provided that the indictments should be found and filed in the proper court within three years after the commission of the offence, but the time during which the defendant should not have been an inhabitant or usually resident within this State, did not constitute any part of the said limitation of three years.1

The exceptions above referred to are the following: In cases of seduction under promise of marriage, and of abduction for purposes of prostitution, and also for falsely personating another, and in such assumed character marrying another, the indictment is to be found within two years after the perpetration of the offence.2

In 1860 the Legislature amended the section of the Revised Statutes above referred to, by substituting in the place thereof the following enactment: Indictments for murder may be found at any time after the death of the person killed. In all other cases, indictments shall be found and filed in the proper court within three years after the commission of the offence, but the time during which the defendant shall not have been an inhabitant of or usually resident within the United States, shall not constitute any part of the said limitation of three years.3

§ 16. OF THE COUNTY IN WHICH THE INDICTMENT IS TO BE FOUND. As a general rule, an indictment should not be found by the grand jury unless the offence was committed in the county in which they are in session. There are, however, several exceptions to this general rule, which we will proceed to mention.

Thus, when an offence is committed on the boundary of two counties, or within five hundred yards of such boundary, an indictment for the same may be found, and a trial and conviction thereon may be had in either of such counties.4

Also when any mortal wound shall be given, or any poison shall be administered, or any other means shall be employed in one county by which a human being shall be killed, who shall

12 R. S., 726, § 37.

2 R. S., 664, § 26; Id., § 27; Laws 1848, ch. 105; 2 R. S., 676, § 51. 'Laws 1860, ch. 271, p. 474.

2 R. S., 727, § 45.

die thereof in another county, an indictment for such offence may be found in the county where such death happened, and the same proceedings shall be had thereon in all respects as if the means by which such death was produced had been employed and used in the county where such death happened.1

An indictment against an accessory to any felony may be found in the county where the offence of such accessory shall have been committed, notwithstanding the principal offence was committed in another county, and the like proceedings shall be had thereon in all respects as if the principal offence had been committed in the same county.2

An accessory may be indicted and tried in the county where the offence of the accessory was committed, notwithstanding the principal offence was committed in another county; but the accessory cannot be indicted and tried in the county where the principal offence was committed unless his offence as accessory was committed there.3

In the cases where any person shall be liable to prosecution as the receiver of any personal property that shall have been feloniously stolen, taken or embezzled, he may be indicted, tried and convicted in any county where he received or had such property, notwithstanding the theft was committed in another county.*

In cases of bigamy an indictment may be found against any person for a second, third or other marriage in the county in which such person shall be apprehended, and the like proceedings, trial, judgment and conviction may be had in such county as if the offence had been committed therein.5

In cases of bribery every person offending against the provisions of the statute may be indicted, tried and convicted in the county in which such offence shall be committed or in an adjoining county.

6

In cases of offenders against the statute in relation to dueling, where the offenders left the State for the purpose of eluding the provisions of the statute, they may be indicted and brought to