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Of indictments, presentments and information and process thereon. 1847 142 (1847)

handle is hein.slavery/ssactsva0632 and id is 1 raw text is: 142             Indict ,ncuts-Presentmenls-Infornatios-P rocess.
Theilrqaalifica.  15. Th said grand jurors shall possess tie like qualifications,
,Ion and oalh. and take the like oath, as are proscribed by law in the case of grand
jurors returned to the circuit superior courts.
flow cont-  16. The grand jury in the general court shall be constituted in
n,,cq ahdir  like manner, and exercise like power, in respcct of offeuces cogni.
I ,q.       zable in the said court ; and the said court shall possess like powers
and perform like duties in respect of such grand jury, as are pre.
scribed by law in the case of grand juries in the said circuit superior
courts.
what rrf .ei-  17. If any indictment shall be found or presentment made of any
hngs (In' resent-
I,,ents in .uio'ral offinice cognizable in the general court, the like proceedings shall
court.      be thereupon had to bring the party accused before the court as on
inlictments and presentments in the said circuit superior courts,
having regard to the nature of the offence.
CHAP. XX.
OV INI)ICTMI.NT'r0 PRISE.INTS AND INFORMATIONS AND
PROSOl S TII RRtON .

Sr.CTtON
I. Prosecutions to be by indictnent,
presentuent or i-ilrination, &c.
2. lnfourmation to iIe hy leave of'court.
3. Prosecutor's natiue, when must lie
written at foot of indictment, &c.
4. When liable for costs.
5. What suflicient in indictment,&e.
for perjury.
6. What in indictment for emnbezzle-
ilnt.
7. Wlt in indictment for forgery.
8. What proofof'ownershil. sullieient
to sustain indictment for steal-
ing, &C.
9. What averment or intent to injure,
& c., and what proof thereof ulli-
cieat.
10. What words indictment need not
contain, &c.
I. What dt-f.cts in indictments, &c.
cured hy verdict.
12. When party not indicted, to be
discharged.
1:. Proceedings in case of insanity.
I.i.  initiation or criminal prosecu.
tions.
15. What criminal proceedings may
be stayed, on reparation to the
party injured.
I. Proceedings on presentment for
felony, when party has not been
examined.

SECTION
17. Process to answer, where party
not in custody.
18. What process to be issued.
19. fly whtent, to be issued, &c.
0. To whomt directed.
21. Clerks to tbrward by mail, and ad.
vance postage, &C.
22'. Capias executed in another coun-
ty, &C.
23. Party, when bailable by sheriff,
&ce.
2.1. Recognizance, how taken and re
turned, &e.
25. flow proceeded on if forfeited.
26. Process awarded during session of
court, how to be executed.
27. Mode of proceeding where penal-
ties stmall.
28. Mode of proceeding in gaining and
certain other cases.
29. Formal exceptions not allowed in
presentments, &c. for gaining,
&C.
30. Mode of proceeding in other cases
of misdemeanor.
31. Discontinuance.
32. Oitlawry; judgments of, how ren.
dered, &c.
33. Consequences of, in felony.

Prosecutions hon,  I. Prosecutions for offl'nces against tie commonwealth, unless
Istltuted.  otherwise provided, shall be by indictment, presentment or informa-
tion. But no while person shall be held to answer in a court for any
felony whatever, nor any free negro or tnulatto for felonious homi-
cide, or anly felony punishale with death, untless upon indictment.
Inrtornuiton  2. No information shall be filed in any case, unless by leave of the
wii In be tiled court entered of record, nor tnless the accused, being summoned for
and ow.     that purpose, shall have failed to appear and show good cause to the
contrary.

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