Page:1862 Territory of Dakota Session Laws.pdf/220

CHAP. IX.] shall be found, to pay to the officer who shall bring any offender or offenders from another county, his reasonable charges for such service: Provided, That nothing contained in this or the preceding section, shall prevent a capias from being issued without such indorsement, returnable instanter, which capias shall authorize and require the accused to be arrested and immediately brought into court, when he or she shall be either committed, bailed, or tried at the term at which the indictment shall be found.

. 176. It shall be the duty of the clerks of the district courts to issue subpnas, either on the part of the territory or of the accused, in any indictment directed, as in the preceding section, to any county in this territory. And every witness who shall be duly subpnaed, and shall neglect or refuse to attend any district court, pursuant to the requisitions of such subpna, shall be proceeded against and punished for contempt of the court. And attachments against witnesses who live in a different county from that where such subpna is returnable, may be served in the same manner as capiases are directed to be served, out of the county from which they issue, in the preceding section.

. 177. It shall not be necessary to issue a venire in any criminal case. And in all criminal cases where the panel of jurors shall be exhausted, by challenges or otherwise, and whether any juror has been elected and sworn or not, it shall be competent for the court to order on their minutes a tales for any number of jurors, not exceeding twenty-four, returnable instanter, out of which persons so ordered to be summoned, it shall be lawful to impannel a jury for the trial of any criminal case; but should the tales ordered be insufficient, by reason of challenges or otherwise, to form an impartial jury, the court may, from time to time, make such further orders on their minutes for additional talesmen, returnable instanter, until a full jury shall be obtained.

. 178. No bill of indictment for false imprisonment, or wilful and malicious mischief, shall be found a "true bill," by any grand jury, unless a prosecutor is indorsed thereon by the foreman of the grand jury, with the consent of the prosecutor, except the same shall be found upon the information and knowledge of two or more of the grand jury, or upon the information of some public officer in the necessary discharge