venient place, without food, except such as the court shall order, and not permit any person to speak or communicate with them, nor do so himself, unless by order of the court, or to ask them whether they have agreed upon their verdict, and return them into court when they have so agreed, or when ordered by the court. The officer shall not communicate to any person the state of their delib

erations.

VERDICT, JUDGMENT, AND PROCEEDINGS THEREON.

SEC. 195. When the jury have agreed upon their verdict, they must be conducted into court by the officer having them in charge. Their names must then be called, and if all appear, their verdict must be rendered in open court. If all do not appear, the rest must be discharged without giving a verdict, and the cause must be tried again at the same or next term.

SEC. 196. Upon the trial of any indictment for any offence, when by law there may be conviction of different degrees of such offence, the jury, if they convict the defendant, shall specify in their verdict, of what degree of the offence they find the defendant guilty.

SEC. 197. When the indictment charges an offence against the property of another, by robbery, theft, fraud, embezzlement, or the like, the jury, on conviction, shall ascertain and declare in their verdict, the value of the property taken, embezzled, or received, and the amount restored, if any, and the value thereof; but their failure to do so, shall in nowise affect the validity of their verdict.

SEC. 198. In all cases of a verdict of conviction for any offence, when by law there is any alternative or discretion in regard to the kind or extent of punishment to be inflicted, the jury may assess and declare the punishment in their verdict; and the court shall render a judgment according to such verdict, except as hereinafter provided.

SEC. 199. When a jury find a verdict of guilty, and fail to agree on the punishment to be inflicted, or do not declare such punishment by their verdict, or assess a punishment not authorized by law, and in all cases of judgment by confession, the court shall assess and declare the punishment, and render judgment accordingly.

SEC. 200. If the jury assess a punishment, whether of imprisonment or fine, below the limit prescribed by law, for the offence of which the defendant is convicted, the court shall pronounce sentence, and render judgment, according to the lowest limit prescribed by law, in such case.

SEC. 201. If the jury assess a punishment, whether of imprisonment or fine greater than the highest limit declared by law, for the offence of which they convict the defendant, the court shall disregard the excess, and pronounce sentence, and render judgment, according to the highest limit prescribed by law in the particular case.

SEC. 202. The court shall have power in all cases of conviction, to reduce the extent or duration of the punishment assessed by a jury, if, in its opinion, the conviction is proper, but the punishment assessed is greater than, under the circumstances of the case, ought to be inflicted.

SEC. 203. The court before which any person shall be convicted of any criminal offence shall have power, in addition to the sentence prescribed or authorized by law, to require such person to give security to keep the peace, or be of good behavior, or both, for a term not exceeding two years, or to stand committed until such security be given.

SEC. 204. The last section shall not extend to convictions for writing or publishing any libel, nor shall such security be hereafter required by any court, upon any complaint, prosecution, or conviction, for any such writing or publishing.

SEC. 205. No recognizance given under the provisions of the second preceding section shall be deemed to be broken unless the principal therein be convicted of some offence amounting in judgment of law to a breach of such recognizance.

SEC. 206 After verdict of guilty, or finding of the court against the defendant, if judgment be not arrested, or a new trial granted, the court must pronounce judgment.

SEC. 207. For the purpose of judgment, if the conviction be for an offence punishable by imprisonment, the defendant must be personally present; if for a fine only, he must be personally present unless an undertaking shall have been executed, as mentioned in section one hundred and sixty-five, and then judgment may be rendered in his absence.

SEC. 208. When the defendant is convicted of any offence, if he be in custody, the court may direct the officer in whose custody he is to bring him before it for judgment.

SEC. 209. If in any case the defendant be not present, when his personal attendance is necessary, the court may order the clerk to issue a warrant for his arrest, which may be served in any county in the Territory, as a warrant of arrest in other cases.

SEC 210. When the defendant appears for judgment, he must be informed by the court of the verdict of the jury, and asked whether he have any legal cause to show why judgment should not be pronounced against him.

SEC. 211. If no sufficient cause he alleged, or appear to the court, why judgment should not be pronounced, it shall thereupon be rendered.

SEC. 212. When the defendant is adjudged to pay any fine and costs, the court shall order him to be committed to the jail of the county until the same be paid or replevied.

SEC. 213. In all cases in which the prosecutor shall be adjudged to pay the costs, he shall be sentenced to pay the costs of the prosecution, or give security to the sheriff to pay the same in ten days, and stand committed until the sentence be complied with.

SEC. 214. Any person imprisoned for failure to pay any fineor costs, shall be discharged after being imprisoned one day for every five dollars of the fine and costs, if it appear by affidavit or other proof that such person is unable to pay the same; but execution may issue against the property of the defendant or prosecutor as on other judgments.

SEC. 215. Whenever judgment upon a conviction shall be rendered in any court, the clerk of such court shall enter such judgment fully in the minutes, stating briefly the offence for which con- ^& viction shall have been had, and the court shall inspect such entries and conform them to the facts; but the omission of this duty, either by the clerk or judge, shall in no wise affect or impair the validity of the judgment.

SEC 216. Whenever a sentence of imprisonment in a county jail shall be pronounced upon any person, convicted of any offence, the clerk of the court shall, as soon as may be, make out and deliver to the sheriff of the county a transcript of the entry of such conviction and of the sentence thereupon, duly certified by such

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clerk, which shall be sufficient authority to such sheriff to execute such sentence, and he shall execute the same accordingly.

SEC. 217. When any criminal shall be sentenced to any punishment, the clerk of the court in which the sentence was passed shall forthwith deliver a certified copy thereof to the sheriff of the county, who shall without delay, either in person or by deputy, cause such criminal to receive the punishment to which he was sentenced.

SEC. 218. Such sheriff or deputy, while conveying the crimnal to the place of punishment, shall have the same power and like authority to require the assistance of any citizen of the Territory in securing such criminal, and retaking him if he shall escape, as such sheriff or deputy has in deputy has in any other case; and all persons who shall neglect or refuse to assist such sheriff or deputy when required shall be liable to the same penalties as for similar refusals in other cases.

SEC 219. Whenever any criminal shall be sentenced to the punishment of death, the court shall cause to be made out, sealed and delivered to the sheriff of the county, a warrant, stating such conviction and sentence, and appointing a day on which such sentence shall be executed, which shall not be less than four nor more than eight weeks from the time of the sentence.

SEC. 220. The punishment of death prescribed by law must be inflicted by hanging by the neck, at such time as the court may adjudge.

SEC. 221 When execution of such sentence is respited to a further day by the governor, the sheriff must note the same on the warrant, and the defendant must be detained in custody until the day to which the respite is granted, at which time the sheriff, unless the judgment is revoked or the defendant is pardoned, must execute the sentence, between the hours specified in the judgment, and return the warrant with the respite.

SEC. 222. The sentence of death shall be executed in some private enclosure, as near the jail as possible. The sheriff shall invite to be present at the execution, by at least three days notice, the judge of the court, the attorney prosecuting, and the clerk of the court, together with two physicians, and twelve reputable citizens, to be selected by him. He must also, at the request of the prisoner, permit any minister of the gospel whom the prisoner

may name, and any of his relations and friends whom he may desire, not exceeding two, to attend the execution, and also such peace officers as the sheriff may deem proper. No person other than those mentioned in this section can be present at the execution, nor can any person under age be allowed to witness the same.

SEC. 223. For good cause shown, the court in which the conviction is had, or the governor, may prolong the time or suspend the execution of any criminal sentenced to the punishment of death; and no other court or officer shall have such authority, except in the cases and in the manner hereinafter provided.

SEC. 224. If after any criminal be sentenced to the punishment of death, the sheriff shall have cause to believe that such criminal has become insane, he may summon a jury of twelve competent jurors, with the concurrence of the judge of the court by which the judgment was rendered, to inquire into such insanity, giving notice thereof to the attorney prosecuting.

SEC. 225. The attorney prosecuting shall attend such inquiry, and may produce witnesses before the jury, and may cause subpœnas to be issued by the clerk for that purpose; and disobedience be punished by the district court in the same manner as in other cases.

thereto may

SEC. 226. The inquisition of the jury shall be signed by them and by the sheriff. If it be found that such criminal is insane, the sheriff shall suspend the execution of the sentence until he receive a warrant from the governor, or from the supreme or district court, as hereinafter authorized, directing the execution of the criminal.

SEC. 227. The sheriff shall immediately transmit such inquisition to the governor, who may, as soon as he shall be convinced of the sanity of such criminal, issue a warrant appointing a time and place for the execution, pursuant to his sentence, or he may in his discretion commute the punishment to imprisonment for life.

SEC. 228. If after any female criminal is sentenced to the punishment of death, the sheriff shall have reason to suspect that she is pregnant, he shall in like manner summon a jury of six persons, not less than three of whom shall be physicians, and shall give notice thereof to the attorney prosecuting, who shall attend, and the proceedings shall be had as provided in the second preceding section.

SEC. 229. The inquisition shall be signed by the jury and the