to inquire into all public offences committed or triable within the jurisdiction of this court, and to present them to the court by indictment. Sec. 144. An indictment is an accusation in writing, presented by the grand jury to a competent court, charging the person with a public offence. Sec. 145. In the investigation of any charge for the purpose of finding an indictment, the grand jury shall receive none but legal evidence. Sec. 146. The grand jury is not bound to hear evidence for the defendant; but it is their duty to weigh all the evidence submitted to them, and when they have reason to believe that other evidence within their reach will explain away the charge, they should order such evidence to be produced, and for that purpose may require process to be issued for such witnesses. Sec. 147. It shall be the duty of the grand jury to find an indictment when all the evidence before them is such as, in their judgment, would warrant a trial jury in a conviction if the same remained unexplained or uncontradicted. Sec. 148. If a member of a grand jury has reason to believe that a public offence has been committed within the jurisdiction. of the court, he must declare the same to his fellow jurors, who shall thereupon investigate the same. Sec. 149. The grand jury must inquire into the case of every person imprisoned in the county jail and not indicted, into the condition and management of the public prisons within the county, and into wilful and corrupt misconduct in office of public officers, of every description, within the county; and, for such purpose, they are entitled to free access, at all reasonable times, to all public buildings, public offices, and public records. Sec. 150. No indictment can be found without the concurrence of at least twelve grand jurors; where so found, and not otherwise, the foreman of the grand jury shall endorse it thus: "A true bill." "foreman." Sec. 151. When there is not a concurrence of twelve grand jurors in finding an indictment, the foreman shall certify, under his hand, that no true bill was found. Sec. 152. Indictments found by a grand jury shall be presented by their foreman, in their presence, to the court, and shall be filed and remain as records of such court. Sec. 153. No indictment for any trespass against the person or property of another, not amounting to a felony, or for the first offence of petit larceny, shall be preferred, unless the name of a prosecutor is endorsed thereon, except when the same is preferred upon the information or knowledge of two or more of the grand or on the information of some public officer in the neces sary discharge of his duty, in which case a statement of the fact jurors, shall be made at the end of the indictment, and signed by the foreman of the grand jury. Sec. 154. The name of the prosecutor shall be endorsed as such, by himself, or, when his name has been certified as prosecutor, with the examination as provided by law, the endorsement may be made by the attorney prosecuting; but no indictment shall be quashed for want of such endorsement, if the same shall be made before the motion to quash is disposed of. Sec. 155. It shall not be necessary for any grand jury to present any presentment prior to the presentation of the indict ment. Sec. 156. Each indictment must be signed by the attorney prosecuting; and when the grand jury return any indictment into court, the judge must examine it; and if the foreman has neglected to endorse it "A true bill," with his name signed thereto, or if the attorney prosecuting has neglected to sign his name, the court must cause the foreman to endorse, or the attorney prosecuting to sign it, as the case may require, in the presence of the grand jury. Sec. 157. When an indictment is presented by the grand jury, the names of all material witnesses must be endorsed upon the indictment; but other witnesses may afterwards be subpoenaed by the territory; but unless the names of such witnesses be endorsed on the indictment, no continuance shall be granted to the territory on account of the absence of any witness whose name is not endorsed thereon. Sec. 158. Immediately of an indictment with the clerk of the court, when the defendant has not been held to answer any offence in said court, it shall be the duty of such clerk to issue to the sheriff of said county a warrant for the arrest of such defendant, commanding him to bring the defendant forthwith before the court, unless otherwise ordered. Sec. 159. If the court deem it proper, and the offence is bailable, he may endorse on the back of the warrant the amount in which the defendant is to be held, or admitted to bail, pending the action; or he may order the clerk to enter the amount in which the defendant shall be admitted to bail in the minutes of the court, and then the clerk shall endorse the amount on the warrant of arrest. Sec. 160. When the court or judge has failed to fix the amount of bail, and the judge is absent from the county, the clerk of the court may fix the same. CHAPTER VIII. THE INDICTMENT. Sec. 161. All prosecutions in name of the territory. Sec. 163. Indictment, only pleading on part of territory. Sec. 165. Indictment-must be certain. Sec. 166. What sufficient to allege as to time. Sec. 167. Sec. 168. What sufficient name of owners of property. Words used in indictment-how construed. Sec. 169. Words used in statute, &c. Sec. 170. Sufficiency of indictment. Sec. 171. Defects for which indictment shall not be quashed. Sec. 173. How judgment pleaded. Sec. 174. How private statute pleaded. Sec. 175. One or more defendants convicted or acquitted. Sec. 176. Aider or abetter tried as principal. Sec. 177. Accessory after fact tried and punished. Sec. 178. Indictment recorded by clerk and compared by judge. Sec. 179. In case of loss or destruction of indictment. Sec. 182. Jury may find defendant guilty of less crime than charged when offence consists of different degrees. Sec. 183. In all other cases, &c. Sec. 184. Counts for murder and manslaughter may be joined, and defendant found guilty of either. Sec. 185. Sufficiency of allegation of offence against property of several owners. Sec. 186. Where indictment against accessory is found. Sec. 187. When defendant is indicted by fictitious or wrong name. Sec. 188. Indictment shall contain but one offence. Sec. 189. In case of private injury, what allegation material. Sec. 190. Indictment for libel-what sufficient. Sec. 191. When misdescription of instrument in case of forgery immaterial. Sec. 192. Indictment for perjury-sufficiency of. Section 161. All criminal prosecutions must be in the name of the territory of Montana. Sec. 162. The forms of pleading in criminal actions in the district court, and the rules by which the sufficiency of pleading is to be determined, are those herein prescribed. Sec. 163. The only pleading on the part of the territory is the indictment. Sec. 161. The indictment must contain: First. The title of the action specifying the name of the court to which the indictment is presented, and the names of the parties. Second. A statement of the facts constituting the offence, in plain and concise language, without necessary repetition. Sec. 165. The indictment must be direct and certain, as it regards the party and the offence charged. Sec. 166. The precise time of the commission of an offence need not be stated in the indictment, but it is sufficient, if it is shown to have been before the finding of the indictment and within the statute of limitations, except where time is an indispensable ingredient of the offence. Sec. 167. In an indictment for an offence committed in relation to property, it is sufficient to state the name of any one, or names of several joint owners. Sec. 168. The words used in an indictment must be construed in their usual acceptation in common language, except words and phrases defined by law, which are to be construed according to their legal meaning. Sec. 169. Words used in the statute to define a public offence need not be strictly pursued, but other words conveying the same meaning may be used. Sec. 170. The indictment shall be sufficient if it can be understood therefrom: First. That the indictment was found by the grand jury of the county in which the court is held. Second. That the defendant is named or described in an indictment as a person whose name is unknown to the grand jurors. Third. That the offence was committed within the jurisdiction of the court, or is triable therein. Fourth. That the offence charged is clearly set. forth in plain and concise language, without repetition; and, fifth, that the offence charged is stated with such a degree of certainty that the court may pronounce judgment, upon conviction, according to the right of the case. Sec. 171. No indictment shall be quashed or set aside for any of the following defects: First. For a mistake in the name of the court or county, or in the title thereof. Second. For the want of an allegation of the time and place of any material fact, when the venue and time have once been stated in the indictment. Third. That the dates and numbers are represented by figures. Fourth. For an omission of any of the following allegations, viz.: with force and arms, contrary to the form of the statute, or against the peace and dignity of the territory of Montana. Fifth. For an omission to allege that the grand jurors were impanelled, sworn, or charged. Sixth. For any surplusage or repugnant allegation, when there is sufficient matter alleged to indicate the crime and person charged. Nor, Seventh. For any other defect or imperfection which does not tend to the prejudice of the substantial rights of the defendant, upon the merits. Sec. 172. Neither presumptions of law, nor matters of which judical notice is taken, need be stated in the indictment. Sec. 173. In pleading a judgment or other determination of a court or officer of special jurisdiction, it is sufficient to allege, generally, that the judgment or determination was duly made, or had before such court or officer; but the facts constituting the jurisdiction must be established on the trial. Sec. 174. In leading a private statute, or a right derived therefrom, it is sufficient to refer to the statute by its title, and the day of its approval; and the court shall take notice thereof. Sec. 175. Upon an indictment against several defendants, any one or more may be convicted or acquitted. Sec. 176. Any person who counsels, aids or abets in the commission of any offence, may be charged, tried, and convicted, in the same manner as if he were a principal. Sec. 177. An accessory after the fact, to the commission of a felony, may be indicted, tried, and punished; though the principal be neither indicted nor tried. Sec. 178. Every indictment must be recorded by the clerk during the term at which the same is found, in a book to be kept for that purpose. The judge must compare the record with the original indictments, and certify the correctness thereof. In case the original indictment be lost or destroyed, the defendant may be tried upon a copy taken from the record, and certified by the clerk, during the term at which the same is found, in a book to be kept for that purpose. The judge must compare the record with the original indictments, and certify the correctness thereof. In case the original indictment be lost or destroyed, the defendant may be tried upon a copy taken from the record, and certified by the clerk, without any delay from that cause. Sec. 179. In case of the loss or destruction of an indictment, the attorney prosecuting may file in court another indictment, similar to the original, certified to by the clerk of the court; and the prosecution shall proceed, and the trial be had without any delay from that cause. Sec. 180. Indictments against persons not in custody, or who have not given bail, and the records of such indictments shall be in the custody of the clerk, cannot be inspected by any person, |