Page:1862-63 Territory of Dakota Session Laws.pdf/121

112 Sec. 46. A presentment cannot be found without the concurrence of at least twelve grand jurors. When so found, it must be signed by the foreman.

Sec. 47. The presentment, when found, must be presented by the foreman, in the presence of the grand jury, to the court, and must be filed with the clerk.

Sec. 48. When the grand jury make a presentment, they must return to the court therewith, the depositions of the witnesses examined before them, or the minutes, or a copy thereof, of the testimony on which the presentment is made.

Sec. 49. When the depositions are returned, as provided in the last section, they must be filed with the clerk of the court, and cannot be inspected by any person except the court, the district attorney, the clerk and his deputies or assistants, and the district attorney, until after the arrest of the defendant.

Sec. 50. A violation of the provisions of the last section is punishable as a contempt, and misdemeanor.

Sec. 51. After the arrest of the defendant, the clerk must, on payment of his fees, at the rate of twenty-five cents for every hundred words, within two days after the demand, furnish a copy of the depositions to the defendant, or his counsel.

Sec. 52. No grand juror, district attorney, clerk, judge, or other officer, can disclose the fact of a presentment having been made, or indictment found, for a felony or other crime, until the defendant has been arrested, but this prohibition does not extend to a disclosure by the issuing or in the execution of a warrant to arrest the defendant.

Sec. 53. A violation of the provisions of the last section is punishable as a contempt, and as a misdemeanor.

Sec. 51. If the court deem that the facts stated in the presentment constitute a public offense, triable in the county, it must direct the clerk to issue a bench warrant for the arrest of the defendant.

Sec. 55. The clerk, on the application of the district attorney, may accordingly, at any time after the order, whether the court be sitting or not, issue a bench warrant under his signature, and the seal of the court, into one or more counties.