$23. 1. When it appears by affidavit, to the satisfaction of Oct. 19, 1864, the court, that a fair and impartial trial cannot be had in the county where the action is commenced; Action for felony, when place of trial changed. 18 Or. 479. 2. When the action is commenced in one county, and may be might have been commenced in another, the place of trial may be changed to such other county, if it appears in like manner that the ends of justice, the convenience of parties and witnesses, would be promoted thereby; and, 3. That the motion is not made for delay. Change of venue generally: See ante, § 45 [44 Code Civ. Proc.], note, pp. 167 et seq. $24. To what § 1223. [24.] When the motion for the change of place Oct. 19, 1864, of trial is allowed, the court shall order the action to be tried in any other county where the action might have county action been commenced, or in the nearest county where a fair changed. and impartial trial can be had, as the case may be. may be $25. Transcript on § 1224. [25.] When the place of trial has been changed, Oct. 19, 1864, the clerk shall forthwith transmit to the clerk of the proper court a transcript of the proceedings in such cause, change. with all the original papers filed therein; having first made out and filed in his own office authenticated copies of all such original papers. Such transcript and papers may be transmitted by mail, or by the hands of some suitable person appointed by the court or judge thereof. § 1225. [26.] Upon the filing of the transcript and Oct. 19, 1864, papers with the clerk of the court to which the cause is transferred, the change of the place of trial shall be deemed deemed complete, and thereafter the action shall proceed as though it had been commenced in that court. $ 26. When change complete. $27. Costs of § 1226. [27.] The expenses of the change of the place Oct. 19, 1864, of trial shall be taxed as expenses of the action, and the costs and expenses of the action shall be taxed in the change. court and paid by the county wherein the trial is had; but if such costs and expenses are not recovered off the defendant in the action, they shall be repaid to such county by the county wherein the action was commenced. 28. § 1227. [28.] When an order is made changing the Oct. 19, 1864, place of trial, if the defendant has given bail, he must, Oct. 19, 1864, $28. If defendant he must appear without further notice, appear at the time and place appointed for trial, and not depart therefrom without has given bail leave of the court, and the undertaking of the bail in such case shall be held and deemed to be security therefor, in all respects as if the action had proceeded to final determination in the court where it was commenced. at county to which action is changed. Oct. 19, 1861, $29. If defendant in rant to remove § 1228. [29.] But in such case, if the defendant be in custody, the clerk shall issue a warrant, directed to the custody, war sheriff of the county, commanding him to safely convey the defendant to the jail of the county where he is to be tried, and deliver him to the jailer thereof, to be there safely kept until discharged by due course of law. him. Oct. 19, 1864, $30. Either party may have change of place of trial. § 1229. [30.] Either party may have the place of trial changed once, and no more, unless for causes not in existence when the first change was allowed; and in no criminal action shall the place of trial be changed except as in this chapter provided and allowed. CHAPTER V. OF THE FORMATION OF THE GRAND JURY. § 1230. Definition of grand jury, and jurisdiction of. § 1231. § 1232. When grand jury may be resummoned or another one formed. § 1237. If grand juror becomes sick, may be discharged and another drawn. Oct. 19, 1864, $31. Grand jury defined. Jurisdic tion of. § 1240. Grand jury to appoint clerk; his duties. § 1241. Discharge of the grand jury. § 1230. [31.] A grand jury is a body of men, seven in number, drawn by lot from the jurors in attendance upon the court, having the qualifications prescribed by chapter 12 of the Code of Civil Procedure, and sworn to inquire of crimes committed or triable within the county from which they are selected. See note to § 968. By an act approved February 24, 1885 (Laws of 1885, p. 78), providing for selecting and summoning grand and trial jurors from the body of the county in different classes, this section and §§ 1233 [34] and 1237 [38] were amended by substituting sec tions adopted to the proposed plan; Oct. 19, 1864, $32. § 1231. [32.] If a crime be committed during the Oct. 19, 1864, sitting of the court, and after the discharge of the grand When resum discharge. jury, the court may, in its discretion, order the sheriff to moned after resummon them to inquire thereof, or that another grand jury be drawn and formed for that purpose from the jurors then in attendance upon the court. See note to § 1242 [43], post. $33. Drawing of § 1232. [33.] Under the direction of the court, the Oct. 19, 1864, clerk shall write the name of each juror in attendance upon the court upon a separate ballot, and place such grand jury. ballots in the trial-jury box, and draw therefrom, one by one, the ballots containing the names of such jurors, until seven of them are drawn and accepted by the court, and the seven persons thus chosen shall constitute the grand jury. Section 11 of an act approved February 24, 1885 (Laws of 1885, p. 78), purports to repeal this section. That act provided a scheme for selecting and summoning grand and trial jurors from the body of the county in separate classes, and the repeal of this section was necessary to the system proposed. The supreme court, in State v. Lawrence, 12 Or. 297, declared the provisions of the $ 34. Court to deter tions of jurors. § 1233. [34.] Before accepting a person drawn as a oct. 19, 1864, grand juror, the court must be satisfied that such person is duly qualified to act as a juror, but when drawn and mine qualifica found qualified, he must be accepted, unless the court, on the application of the juror and before he is sworn, shall excuse him from such service for any of the reasons prescribed by chapter 12 of the Code of Civil Procedure. Qualification and exemption Code Civ. Proc.], ante, pp. 654, 655; of jurors: See §§ 947, 948 [918, 919, notes to §§ 968, 1230 [31]. $35. § 1234. [35.] No challenge shall be made or allowed Oct. 19, 1864, to the panel from which the grand jury is drawn, nor to an individual grand juror, unless when made by the lenge to, not allowed Oct. 19, 1864, 35. Oct. 19, 1864, $36. court for want of qualification, as prescribed in section 1233 [34]. Challenge to the panel. This is the common-law "challenge to the array," and is abolished by the above section, and the section applies as well to grand as to trial juries: Fitzhugh v. State, 2 Or. 227. § 1235. [36.] The court An objection to a juror on the ground that he is drawn from a particular panel, and not that he is personally disqualified or improperly summoned, is a challenge to the panel: State v. Dale, 8 Or. 229. must appoint a foreman of Foreman, how the grand jury from the persons chosen to constitute that appointed. Oct. 19, 1864, 37. Oath of grand jury. Juror may affirm. Oct. 19, 1864, 38. If grand juror becomes in act another juror to be drawn. body. § 1236. [37.] Before the grand jury enter upon the discharge of their duties, the following oath must be administered to them: 'You, and each of you, as grand jurors for the county of, do solemnly swear that you will diligently inquire into, and true presentment or indictment make, of all crimes against this state, committed or triable within this county, that shall come to your knowledge; that the proceedings before you, the counsel of the state, your own counsel, and that of your fellows, you will keep secret; that you will indict no person through envy, hatred, or malice, nor leave any person not indicted through fear, favor, affection, or hope of reward, but that you will indict, according to the truth, upon the evidence before you, and the laws of this state: so help you God." In administering this oath, the blank therein must be filled with the name of the county in which the court is sitting; and if any juror prefer, he must be allowed to affirm thereto, when, instead of the final sentence thereof, there must be added, "and this you promise under the pains and penalties of perjury." § 1237. [38.] If, after the formation of the grand jury and before they are finally discharged, a grand juror becapacitated to come sick, or for any reason is unable to continue in the discharge of his duty, the court may order such juror to be discharged therefrom, and direct that another person be drawn and sworn from the jurors then in attendance upon the court, to take his place upon the grand jury. See note to § 1230 [31], and to § 968. $39. court. § 1238. [39.] When the grand jury is formed, they Oct. 19, 1894, must be charged by the court, and in doing so the court Grand jury to must give them such information as it may see proper be charged by concerning the nature of their powers and duties, or charges for crime returned to the court or likely to come before the grand jury. § 1239. [40.] The grand jury must then retire into a Id., § 40. private room, and inquire into the offenses cognizable by them. Grand jury to retire to private room. appoint clerk. § 1240. [41.] The grand jury must appoint one of Id., § 41. their number as clerk, who must keep minutes of their Grand jury to proceedings (except the votes of the individual jurors), and of the substance of the evidence given before them. grand jury. § 1241. [42.] When the business of the grand jury Id., § 42. is completed, they must be discharged by the court; but Discharge of whether the same be completed or not, they are discharged by the final adjournment of the court. CHAPTER VI. OF THE POWERS AND DUTIES OF THE GRAND JURY. § 1242. Grand jury to inquire into crimes committed or triable within the county. § 1243. May indict or present whether defendant has been held to answer or not. § 1244. When grand jury may present for opinion of the court. § 1245. Presentment, duty of the court in relation to. § 1246. Foreman may administer oaths to witnesses before jury. § 1247. Grand jury only to hear legal evidence. § 1248. May order explanatory evidence to be produced. § 1249. Evidence, what will warrant an indictment. § 1250. Grand juror must disclose his knowledge of the commission of a § 1251. Grand jury must inquire into condition of prisons and offices. § 1252. Grand jury to have access to prisons and public records. § 1253. District attorney, when must present indictment to grand jury. § 1254. When may submit indictment to grand jury. § 1255. Who may be present during sitting of grand jury. § 1256. Indictment not found upon statement of juror, unless sworn as a witness. § 1257. When grand juror bound to disclose the testimony of witness. § 1258. Immunity of grand juror; when he may be questioned. |