Page:United States Statutes at Large Volume 30.djvu/1326

 1288 FIFTY-FIFTH CON GRESS. Sess. III. Ch. 429. 1899. FM wht S¤¤•*. Sec. 28. That a grand juror can not be questioned for anything he '°""’b°°°°°u°° ’ ma. sa or an vote he ma give, while acting as such, in relation to Y Y ¤ Y Y. . any matter legally pending before the grand jury, except for a perjury, · of which he may have been guilty in giving testimony before such jury. CHAPTER Six. OF THE FINDING AND PRESENTATION OF THE INDICTMENT. 2ST·The indictment must be found by   -Grand juror or officer not to disclose twelve jurors and indorsed byfore- indictment when not subject to man. public inspection. _ _ 30. Witnesses’ names to be indorsed on 33. Proceeding when_ indictment not indictment; when marked as pros- 34 I mupd "'at1;ie pil`}." h t I ed to. .Hl0m6D 86C0,W(5HI‘€l1D 31. Inliliztrnlent, how presented; a public "not a. true bill.’f _ record, and when not subject to 35. Presecptment, definition of, and how public inspection. < · ma e. ·'1‘b• i¤,:ii¤;¤,=:¤¤;; Sec. 29. That an indictment can not be found without the concur- Tisislsiiudalmsiiby rence of at least twelve grand jurors; and when so found it must be l°¤•¤*¤- indorsed “a true bi1l,” and such indorsement signed by the foreman of the jury. _ Wi¤¤•¤•¤¤'¤¤¤=g9*{> Sec. 30. That when an indictment is found the names of the wit •• r¤>•°•=¤°°*- the indictment, or indorsed thereon, before it islpresetpted to the coulrt; and if the indictment be for a misdemeanor on y an any witness as voluntarily appeared before the grand jury to coinplain of the defendant, his name must be marked as private prosecutor. hivgggtagfn Sec. 31. That an indictment, when found by the grand jury, as pre- ° "° l ss scribed in the two sections last preceding must be presented by their ?;i::`*a:ed1:¤l’“°n’:f foreman, in their presence, in open court, and tiled with the clerk, and °°°. remain in his office as a public record; but if the defendant has not been held to answer the charge, neitlher the indictment nor any order or process in relation thereto must e inspected by any person other than the judge of the court or an officer thereof in discharge of a duty concerning the same until after the arrest of the defendant. Gr=¤¤d Jwr •¤ ¤¤i· Sec. 32. That no grand juror or officer of the court shall disclose any not to disclose in- . . . . . Eittasnt sims apt fact concerningsuch indictment while it is not subject to public inspec- ¤··*>¤¤P* *0 P“*>**° *¤· tion- and the violation of this section or the rohibitions of the section spectmn 7 7 p ‘ last precedin, is punishable as a contempt. ’ g. . i m¢;¤g{¤g0tggu;g Sec. 33. That when a person has been held to answer a criminal fa §·¤¤°m11.·· charge, and the indictment in relation thereto is not found “a true bill," as provided in section twenty-nine of this Title, it must be indorsed “ not a true bill," which indorsement must be signed by the foreman, and presegteg to the court and tiled with the clerk, and remain a public recor · ut in the case of an indictment not found “a true bill " against a person not so held, the same, together with the minutes of the evidence in relation thereto, must be destroyed by the grand jury. X-.,Z'i,Hi,··"` ° ° been presented in court and filed, the eifect thereof is to dismiss the charge; and the same can not be again submitted to or inquired of by the grand jury, unless the court so order. dheyggyggtidsfgg- Sec. 35. That a presentment of the facts must be made to the court °"°’ W"`by the foreman in the presence of the grand jury, and with the concurrence of five of their number; but being a mere informal statement of facts for the purpose of obtaining the advice of the court as to the law arising thereon, is not to be Bled in the court or preserved beyond the sitting of the grand jury.
 * °¤¤li?°$'°Eg¤”¤l:»{Zd nesses examined before the grand jury must be inserted at the foot of
 * ¤m¤·;¤¤5;(g¤¤,gt·r Sec. 34. That when an indictment indorsed “not a true bill" has