C. 42. L. 67. § 3; (Here insert the cause of the death, and by whom the crime was committed, if ascertained).

Jan. 30. Tr.

A. B., Justice of the Peace.

C. D..

E. F.,

G. H.,

I. J.,

K. L.,

Jurisdiction of other justices.

Id. § 1.

Fees: how paid.

M. N.,
Jurors.

§ 3376. In the absence of a justice of the peace from his precinct, or during the sickness of such justice of the peace, then any justice of the peace of the county may hold such inquest in the precinct of the said absent or sick justice of the peace.

§ 3377. Every justice of the peace who shall hold an inquest as provided for in this act, shall receive from the county treasury of his county the sum of two dollars in full of all his services in such inquest, and the constable shall receive the fees allowed by law to persons in causes before justices of the peace, which fees shall be paid out of the county treasury, and the witnesses shall receive the fees now allowed by law, Burial expenses; and the county shall also pay the necessary expenses of the decent interment of the said deceased over which an inquest has been held as herein provided, which shall be allowed by the county commissioners.

county to pay.

Id. § 5.

3378. Whenever complaint shall be made to any judge or justice of the peace that a criminal offense has been committed, it shall be his duty to examine the complainant and any witnesses 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.

§ 3379. That in all preliminary examinations before justices of the peace in this territory, of the crimes of murder or other felonies, whenever in the discretion and judgment of the district attorney of said county it is deemed advisable for the perpetuation and preservation of testimony to be submitted to the grand jury of said county of said charge, the said district attorney is hereby authorized and empowered to employ an efficient and competent stenographer, whose duties shall be to take down the evidence and reduce the same to writing, given at such preliminary examination, and after the same shall have been reduced to writing, shall under oath, certify that such testimony was the testimony taken before such justice of the peace on the preliminary examination of such offense, and shall deliver the same, with his stenographic notes, to said district attorney, and the said evidence sowritten out shall, by said district attorney, be presented to the grand jury of the district court of said county, as soon as said grand jury shall have been convened for the transaction of business, for their examination and inspection, and whenever in the judgment of said grand jury, upon the examination of said evidence so presented by said district attorney to said grand jury, a murder or other felonious crime has been committed, indictable under the laws of the territory, and`

Examination; preliminary.

Warrant to issue: execution of.

C. L. 1865, chap. 57; § 1: Sept. 22, 1846.

Stenographer may be employed for

preservation of tes timony in felonies

Feb. 25.

Proviso.

Proviso.

C. 56. L. 91, § 1: such evidence so taken down may be used before the grand jury without calling the witnesses who testified to the same, with the same force or effect as if the said witnesses had testified before the grand jury: Provided, however, That such grand jury shall in no manner be restricted by the provisions of this act from summoning before them any or all witnesses that they may deem necessary in the examination of any such charge, other than those whose testimony has so been taken and submitted to them: Provided, further, That in all preliminary examinations before any justice of the peace or other examining magistrate in any criminal case, all the evidence taken before the justice or magistrate shall be reduced to writing and certified by the justice or magistrate to be true and correct, and shall be forwarded by him to the clerk of the district court, which evidence so certified shall be used before the grand jury with the same effect and subject to the same conditions and restrictions as the evidence above provided for in cases to be taken under the direction of the district attorney by a stenographer.

Compensation of stenographer.

Id. § 2.

Justices to issue certificate for compensation.

Id. § 3.

Warrant may issue in county where found.

C. L. 1865. chap. 57. $2: Sept. 22, 1846.

Examination by magistrate.

§ 3380. The said stenographer for said services before any such justice of the peace in the examination of the crimes of murder and other felonies, shall receive as compensation the same allowance as is provided for like services in the district court.

§ 3381. Upon any stenographer performing said services as by this act provided, it shall be the duty of the justice of the peace before whom said examination may have been held, to issue to such stenographer a certificate under his seal, setting forth the fact of such examination being held before said justice and the attendance of said stenographer in taking down such testimony, and setting forth the number of days of service of such stenographer, which certificate shall be indorsed and certified to by said district attorney as to its correctness, and said certificate shall be presented to the board of county commissioners in such county in which such examination may have been held, and the amount thereof shall be audited and allowed by the board of county commissioners of such county, to be paid out of the county funds of such county upon the order of said board of county commissioners, as other claims against counties are allowed by the board of county commissioners and paid.

§ 3382. Whenever any person who shall have committed any criminal offense in any county, shall escape into any other, any magistrate within the county in which such offender may be found may issue his warrant for his apprehension, or may indorse a warrant which has been issued by a magistrate in the county from which the criminal escaped, and have him apprehended thereon and sent before some magistrate of the county in which the offense was committed, for trial.

$3383. In all 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 witnesses for the prosecution on oath, in the presence of the prisoner, with regard to the offense; after the

examination of the witnesses for the prosecution, the witnesses for the defense shall be sworn and examined.

§ 3384. 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.

C. L. 1865. chap. 57, § 4: Sept. 22, 1846. Witnesses: exclusion of.

Id. § 5.

Discharge: when.

§ 3385. If. upon the examination of the whole matter, it appears to the magistrate that no offense has been committed by any person, or that there is no probable cause for charg ing the prisoner therewith, he shall discharge him; but if it appear that an offense has been committed, and that there is probable cause to believe the prisoner guilty thereof, the magistrate shall, by recognizance, summon the prosecutor and all material witnesses against the prisoner, to appear and tes- recognizance for aptify before the court having cognizance of such offense, on the first day of the next term thereof, and not to depart from such court without leave.

3386. If the offense be bailable and the prisoner offer sufficient securities, a recognizance shall be taken with such securities for his appearance before the court having recognizance thereof, on the first day of the next term thereof, and not to depart from such court without leave.

§ 3387. That hereafter, when any party or witness shall have executed a bail bond, or entered into a recognizance, in any criminal cause, or in any civil cause wherein capias may have issued before any justice of the peace, and the said party, or witness, is required to appear before said justice, at his office, within the proper precinct, at the time fixed by the terms of said bail bond or recognizance, upon the failure of said party or witness to appear as aforesaid, it shall be the duty of the justice before whom the cause is pending, to declare said bail bond, or recognizance, forfeited, and he shall enter such judgment of forfeiture on his docket.

$3388. The preceding section shall apply only to causes wherein the amount of said bail bond shall be not more than one hundred dollars.

§ 3389. It shall be the duty of the justice so declaring and entering said forfeiture, forthwith, after entry of the same in his docket, to summons the party or witness and their securities against whom the forfeiture was taken, to be and appear before him at his office at a day and hour therein specified, and show cause, if any he or they may have, why the judg ment of forfeiture should not be made final. Such summons shall cite said party or witness and their securities to appear before said justice as aforesaid, not less than five nor more than ten days after the date of the service of said summons. Should such party or witness be without the county or territory, and the officer holding the summons be unable to make personal service as now provided by law, such service may be had by posting up at least four notices in four of the most public places within the township wherein such judgment of forfeiture was rendered, stating the names of the parties to the suit, when and against whom such forfeiture was taken, and the amount thereof, and unless such party or witness,

Prosecutor and witnesses to give

pearance.

Id. § 6.

Bail may be taken; when.

Id. § 7.

Forfeiture of bond.

C. 53, L. 87. § 1; Feb. 11.

Proviso.
Id § 2.

Shall

issue sum

mons.

Feb. 11.

C. 53, L. 87, § 3; and securities, appear before said justice and show cause within the time stated in said notice, said judgment of forfeiture shall be declared final: Provided, That nothing herein contained shall be so construed as to deprive such person in interest of the right of appeal from such final judgment of forfeiture, if taken within ten days after the rendition of such final judgment.

Person objecting.

Id. § 4.

Execution issues;

when.

Id. § 5.

Forfeitures to go

to school fund.

Id § 6.
Commitment.

§ 3390. If any person affected by the forfeiture, as provided in the first section of this act, object to the same being made final, evidence shall be heard by the justice touching the merits of said forfeiture, and upon the party seeking to set aside said forfeiture shall devolve the burden of proof: Provided, That no judgment of forfeiture shall be set aside, except in case the party in interest was not served with process as herein provided, or that he or they were sick and unable to appear and show cause why the same should not be made final, or that he or they were prevented from appearing as aforesaid on account of duress, imprisonment or the act of God.

§ 3391. At any time after ten days subsequent to the rendition of final judgment of forfeiture, the justice shall issue execution for the satisfaction of said judgment as in ordinary cases, and collect such fees as are now allowed by law in ordinary actions.

§3392. All forfeitures so collected shall be paid into the public school fund of the county where such forfeiture is so taken.

$ 3393. If the offense be not bailable, or sufficient bail be not offered, the prisoner shall be committed to jail, there to C.L. 1865, chap. 57. remain until he be discharged by due course of law.

$8: Sept. 22, 1846.

Magistrate to cer

tify.

Id. § 9.

Indictment: com

plaint by.

Id. § 10.

Indictment; how to be found.

$3394. 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 offense is cognizable, on or before the first day of the next term thereof; except when the prisoner is committed to jail, the examination of the witnesses for or against him duly certified, shall, according to the warrant of commitment, be delivered therewith to the jailer.

§ 3395. All criminal offenses, except those cognizable before justices of the peace, shall be preferred by indictment of grand jury or by information.

Territory vs. Valencia, vol. 2, page 108, N. M. Rep.

§ 3396. No indictment can he 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

C. L. 1865. chap. 57, his hand that such indictment is a true bill.

$ 11: Sept. 22, 1846.

Tenorio vs. Territory, vol. 1. page 279. N. M. Rep.

§ 3397. Indictments found, and presentments made, by a grand jury, shall be presented by their foreman in their presence, and shall be then filed and remain as records of such courts.

Carter vs. Territory, vol. 1, page 317, N. M. Rep.

§ 3398. All trials of criminal offenses shall be had in the county in which they were committed: Provided, When an offense shall be committed on the boundary of two counties,