by application by petition, verified, by affidavit, of the person in custody, or some other competent person, to any judge, prefect, or two alcaldes.

2. The petition shall state, in substance, by whom the party for whom relief is prayed is imprisoned, or restrained of his liberty, and the place where, and the true cause thereof, to the best of the knowledge and belief of the party.

3. The jailor, or person having custody of the petitioner, shall forthwith be commanded by the officer to whom application is made, by a writ under his hand, to have the petitioner, together with the cause of his detention, before the judge, prefect, or al caldes issuing the writ.

4. The proper officer shall proceed to hear all the evidence for the prosecution and against it, and to determine the cause in a summary manner.

5. Parties to whom bail has been denied, or who were unable to give bail, may have this writ for the purpose of being released from bail, as required by law.

6. If the officer trying the same shall deem the party innocent, he shall release him; but if he thinks him guilty, he shall remand him, or bail him, according to the circumstance of the case.

Jails and jailors.

SEC. 1. There shall be kept and maintained in good and sufficient condition and repair a common jail in each county within this Territory, to be located at the permanent seat of justice for such county, and at the expense of said county.

2. The sheriff of each county in this Territory shall have the custody, rule, keeping, and charge of the jail within his county, and of all prisoners in such jail.

3. It shall be the duty of the sheriff to receive from constables and other officers all persons who shall be apprehended by such constables or other officers for offences against this Territory, or who shall be committed to such jail by any competent authority.

4. When any person is confined in jail on civil process, and money or property of the person imprisoned cannot be found sufficient for his maintenance, the plaintiff, at whose suit the person may be imprisoned, shall pay for his maintenance, at the rate of twentyfive cents per day, to be paid to the sheriff or jailor, to furnish such prisoner with provisions to the full amount thereof. In case the said plaintiff shall refuse to pay the money as aforesaid, and shall be in arrear two weeks, the sheriff may discharge the prisoner, and recover the same from said plaintiff in the same manner as other debts.

5. Whenever any sheriff of any county of this Territory shall have any person in his custody, either on civil or criminal process, or there shall happen to be no jail, or the jail of the county shall be insufficient, it shall be lawful for such sheriff to commit such person to the nearest jail of some other county, and it is hereby made the duty of the sheriff of said county to receive such person so

committed as aforesaid, and him or them safely keep, subject to the order or orders of the circuit judge for the county whence said prisoner was brought.

SEC. 1. The clerk of each circuit court shall issue an order, at least thirty days before each term of said court, to the sheriff, commanding him to summon eighteen good men to serve as grand jurors at the next term of said court, who shall be citizens of the county, over twenty-one years of age, and householders and freeholders, and subject to no legal disability.

2. Each grand juror shall be summoned at least six days before the first day of the term of the court.

3. There shall not be less than fifteen grand jurors sworn; and if that number fail to attend, the court shall order the sheriff to summon of the bystanders enough others to make up that number. 4. The clerk shall issue subpoenas for, and the sheriff shall summon all witnesses who are required by, the grand jury.

5. The court shall select and have sworn some competent member of the grand jury as foreman, who shall swear all witnesses coming before them.

6. The circuit attorney shall attend on the grand jury, and conduct all investigations, and prepare all indictments directed by the foreman.

7. If any witness shall fail or refuse to appear before the grand jury, or give evidence before them, the court shall imprison or otherwise punish him for contempt.

8. No grand juror shall disclose any evidence given before the grand jury, nor the name of any witness who appeared before them, nor that any indictment has been found, nor how any member of the grand jury voted on any question, nor what was said by any juror, except when lawfully required to testify in relation thereto.

9. In every case whenever a petit jury may be required, the sheriff shall summon twelve free male citizens of the Territory, residents of the county, over the age of twenty-one years, and under no legal disability. No person of kin to either party, or who has formed or expressed an opinion in any case, and no witness, can be sworn as a petit juror.

10. Every juror summoned to attend, and failing, without a good excuse, shall be fined by the court, in its discretion, not exceeding -five dollars.

11. In all civil cases each party may object to three jurors peremptorily.

Laws.

SEC. 1. All laws heretofore in force in this Territory which are not repugnant to, or inconsistent with, the constitution of the United States and the laws thereof, or the statute laws in force for the time being, shall be the rule of action and decision in this Territory.

2. All acts of the general assembly of this Territory shall take effect at the end of ninety days after the passage thereof, except where it is otherwise specially provided.

3. When any person, party, or subject matter is described or referred to by words importing the singular number or the masculine gender, several matters and persons, and females as well as males, and bodies corporate as well as individuals, shall be taken to be included.

Practice at law in civil suits.

SEC. 1. All actions brought in the circuit court shall be commenced by petition, which shall contain a plain statement of the names of the parties, the cause of action, and the relief sought; it shall be sworn to before the clerk of the circuit court by the plaintiff or his agent, and filed in the office of the clerk.

2. Upon any such petition being filed as aforesaid, the clerk, except where it is otherwise specially provided, shall issue a citation for the opposite party.

3. The citation, when issued, shall be endorsed upon or annexed to the petition or a copy thereof, and the petition or a copy thereof shall be delivered, together with the writ, to the officer having execution thereof.

4. Suits instituted by citation shall be brought in the county in which the defendant resides, or in the county in which the plaintiff resides and the defendant may be found, in cases where the defendant is a resident of this Territory; but if the defendant be a nonresident of this Territory, such suit may be commenced in any county.

5. A citation shall be executed either by reading the petition and writ to the defendant, or served by delivering to him a copy of the petition and writ; or, third, by leaving a copy of the petition and writ at his usual place of abode, with some member of the family over the age of fifteen years.

6. In all cases where the defendant shall refuse to hear such writ and petition read, or to receive a copy thereof, the offer of the officer to read the same, or to deliver a copy thereof, and such refusal, shall be a sufficient service of such writ.

7. Any creditor whose demand amounts to fifty dollars or more may sue out a writ of capias in the circuit court, by filing an affidavit stating that the defendant is justly indebted to him, after allowing all set-offs in a sum specified in the affidavit, and on what account the affiant has reason to believe, and does believe, that the defendant is about to abscond from the Territory, so as to endanger the collection of his debt, and by also filing a bond as is required in attachments.

8. Creditors whose demands amount to less than fifty dollars may sue their debtors before alcaldes, by writs of capias, subject to the same rules as are prescribed in the preceding sections concerning such writs.

9. A writ of capias shall be served by taking the body of the

defendant, and retaining the same in custody until discharged by due course of law; but the defendant shall be discharged at any time. by giving bond and security to the sheriff or constable that he will render himself in custody to abide the judgment, order, or decree of the court.

10. The defendant may, at the return term of the writ, deny the truth of the affidavit by answer without oath, and the same proceedings shall be had thereon as in cases of attachment.

11. If the petition and writ shall be served ten days before the first day of the next term of said court, the defendant shall, on or before the second day of said term, file his legal exceptions to said petition, if any he have, which exceptions shall be determined by the judge in a summary manner.

12. If the exceptions be overruled, the defendant shall forthwith file his answer under oath, fully admitting or denying, or confessing and avoiding every material part of said petition.

13. If no such exceptions be filed, the defendant shall file such answer on or before the second day of said term.

14. All subsequent pleadings shall be filed under oath, and in such times as the court shall prescribe.

15. All causes shall be tried at the next term after return of the writ, unless continued for good cause. Every cause may be continued by a court upon application by either party, verified by affidavit, showing good cause for such continuance.

16. All appeals from inferior tribunals to the prefects or circuit. courts shall be tried anew in said courts on their merits, as if no trial had been had below.

17. The courts may from time to time appoint interpreters and translators to interpret the testimony of witnesses, and to translate any writing necessary to be translated in such courts or cause therein, who shall receive there for the compensation and mileage allowed to witnesses, and twenty-five cents for every 100 words translated.

Practice at law in criminal cases.

SEC. 1. Whenever complaint shall be made to any judge, prefect, or alcalde, that a criminal offence has been committed, it shall be his duty to examine the complaint, and any witness who may be introduced by him, under oath; if it appear, on such examination, that any crime has been committed, the magistrate shall issue a warrant commanding the sheriff or other officer forthwith to take the accused and bring him before such magistrate, to be dealt with according to law. Warrants issued by a judge may be executed in any part of the territory, and warrants issued by any other magistrate may be executed in any part of the county where such officer resides.

2. Whenever any person, who shall have committed a criminal offence in any county, shall escape into another, any magistrate within the county in which such offender may be found may issue his warrant for his apprehension, or may endorse a warrant which has been issued by a magistrate in the county from which the crinal escaped, and have him apprehended thereon and sent before

some magistrate of the county in which the offender was committed for trial.

3. If the offence be an assault, battery, or affray, or gaming, or disturbance of a religious congregation, the prisoner shall be taken before some alcalde and punished in a summary manner. The trial of all such offences shall be by a jury of twelve competent men, who, if they find the defendant guilty, shall assess the fine to be paid by him, which shall not be less than one dollar nor more than fifty dollars.

4. In all other cases of crimes, the prisoner may be taken before any magistrate authorized to issue a warrant, who shall proceed as soon as may be to examine the complainant and the witnesses for the prosecution, on oath, in the presence of the prisoner, with regard to the offence. After the examination of the witnesses for the prosecution, the witnesses for the defence shall be sworn and examined.

5. While any witness for or against the prisoner is under examination, the magistrate may exclude all witnesses who have not been examined, and may cause the witnesses to be kept apart and prevented from conversing with one another until they have all been examined.

6. If, upon the examination of the whole matter, it appear to the magistrate that no offence has been committed by any person, or that there is no probable cause to charge the prisoner therewith, he shall discharge him; but if it appear that an offence has been committed, and that there is probable cause to believe the person guilty thereof, the magistrate shall bind, by recognizance, the prosecutor and all material witnesses against the prisoner to appear and testify before the court having cognizance of the offence, on the first day of the next term thereof, and not depart such court without leave.

7. If the offence be bailable, and the persons offer sufficient securities, a recognizance shall be taken, with such securities, for his appearance before the court having cognizance thereof, on the first day of the next term thereof, and not depart such court without leave.

8. If the offence be not bailable, or sufficient bail be not offered, the prisoner shall be committed to jail, there to remain until he be discharged by due course of law.

9. All examinations and recognizances taken in pursuance of the provisions of this law shall be certified by the magistrate taking the same, and delivered to the clerk of the court in which the offence is cognizable, on or before the first day of the next term thereof, except where the prisoner is committed to jail. The examination of the witnesses for or against him, duly certified, shall accompany the warrant of commitment, and be delivered therewith to the jailor. 10. All criminal offences, except those cognizable before alcaldes and prefects, shall be preferred by indictment of grand jury.

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