nature of the offence charged, and should mark at the bottom of the minutes, "Bill" or "No Bill," as the case may be.

It will be also found advisable for the foreman to keep a list of his own of the cases presented before the jury, consisting of the name of the offender, nature of the offence charged, and the fact whether an indictment is found or not, for his own convenience, as he will be required to indorse his name as foreman under the words "a true bill," upon all indictments which are found. These are drawn by the district attorney, and are not generally presented to the foreman for his signature until at or near the close of the session, unless some special reason, as the immediate arrest or trial of the party requires that they should be sooner presented to the court.

The proceedings before a grand jury are not proceedings before a judicial body, within the meaning of chap. 130, laws of 1854, and the publication of such proceedings is not privileged.1

Where the testimony of witnesses is relied on, the grand jury ought to be satisfied only with such as is good in law, and sufficient to establish a prima facie case, and they ought not to find an indictment unless the testimony against the accused ex parte and unexplained, is sufficient to convict.2

No indictment can be found without the concurrence of at least twelve grand jurors, and when so found, and not otherwise, the foreman of the grand jury shall certify under his hand that such indictment is a true bill."

In cases where a person shall have escaped indictment on the ground of insanity, it is the duty of the grand jury to certify the fact to the court, who shall carefully inquire and ascertain whether his insanity, in any degree, continues, and if it does, order him into custody, and to be sent to the asylum.*

The attendance of witnesses before the grand jury is enforced by process of subpoena and attachment. The subpoena is subscribed by the district attorney, and no seal is necessary to it. When subscribed by the district attorney issuing the same, it is as valid and effectual as if the seal of the court at which any witness named therein is required to appear had been affixed thereto.5

'McCabe v. Cauldwell, 18 Abb., 377.

' Peo. v. Hyler, 2 Park., 570.

2 R. S., 726, § 36. 5th ed. R. S., Vol. 2, p. 893, § 48; 8 C. & P., 195, post. '2 R. S., 729, § 66.

In no case can a member of a grand jury be obliged or allowed to testify or declare in what manner he or any other member voted on any question before them, or what opinions were expressed by any juror in relation to any such question.1

A grand jury has full power to make inquiry and to present by indictment all persons charged with crime, whether such persons are or are not under arrest, and examination before any of the magistrates of the county; and where a corener's jury finds that a murder has been committed, and the coroner binds over the witnesses to appear at the next criminal court at which an indictment can be found, it is the duty of the grand jury to proceed at once to act upon the case, without reference to the facts whether the accused is in custody, or whether he is then under examination before the coroner.2

The provisions of the Revised Statutes, relative to the primary examination of persons accused of crimes, do not limit the right of the people, through their officers, to institute accusations before the grand jury, and it is no defence to an indictment that, previous to the complaint before the grand jury, there had been no preliminary proceedings before the magistrate.3

Neither is it an objection to an indictment that it was found while an investigation of the charge was pending before the committing magistrate.1

The practice of renewing a complaint before a subsequent grand jury after a previous grand jury have found an indictment is not to be countenanced. The accuser and the accused ought, as a general rule, to abide by the decision of the first grand jury who act upon the complaint. The court will discountenance the practice of finding two or more indictments for different degrees of the same offence, or for different offences founded on the same matter.5

§ 15. OF THE TIME WITHIN WHICH THE INDICTMENT MAY BE FOUND.

1

By the provisions of the Revised Statutes, indictments for mur

1 2 R. S., 725, § 31.

Peo. v. Hyler, 2 Park., 566.

French v. Peo., 3 Park., 114.

Peo. v. Horton, 4 Park., 222; Peo. v. Strong, 1 Abb., N. S., 244; Peo. v. Heffernan, 5 Park., 393.

Peo. v. Van Horne, 8 Barb., 158.

the

der might be found at any time after the death of the person killed, and in all other cases, except those mentioned below, it was provided that the indictments should be found and filed in proper court within three years after the commission of the offence, but the time during which the defendant should not have been an inhabitant or usually resident within this State, did not constitute any part of the said limitation of three years.1

The exceptions above referred to are the following: In cases of seduction under promise of marriage, and of abduction for purposes of prostitution, and also for falsely personating another, and in such assumed character marrying another, the indictment is to be found within two years after the perpetration of the offence.2

In 1860 the Legislature amended the section of the Revised Statutes above referred to, by substituting in the place thereof the following enactment: Indictments for murder may be found at any time after the death of the person killed. In all other cases, indictments shall be found and filed in the proper court within three years after the commission of the offence, but the time during which the defendant shall not have been an inhabitant of or usually resident within the United States, shall not constitute any part of the said limitation of three years.3

.

§16. OF THE COUNTY IN WHICH THE INDICTMENT IS TO BE FOUND. As a general rule, an indictment should not be found by the grand jury unless the offence was committed in the county in which they are in session. There are, however, several exceptions to this general rule, which we will proceed to mention.

Thus, when an offence is committed on the boundary of two counties, or within five hundred yards of such boundary, an indictment for the same may be found, and a trial and conviction thereon may be had in either of such counties.4

Also when any mortal wound shall be given, or any poison shall be administered, or any other means shall be employed in one county by which a human being shall be killed, who shall

12 R. S., 726, § 37.

2 R. S., 664, § 26; Id., § 27; Laws 1848, ch. 105; 2 R. S., 676, § 51. 'Laws 1860, ch. 271, p. 474.

die thereof in another county, an indictment for such offence may be found in the county where such death happened, and the same proceedings shall be had thereon in all respects as if the means by which such death was produced had been employed and used in the county where such death happened.1

An indictment against an accessory to any felony may be found in the county where the offence of such accessory shall have been committed, notwithstanding the principal offence was committed in another county, and the like proceedings shall be had thereon in all respects as if the principal offence had been committed in the same county.2

An accessory may be indicted and tried in the county where the offence of the accessory was committed, notwithstanding the principal offence was committed in another county; but the accessory cannot be indicted and tried in the county where the principal offence was committed unless his offence as accessory was committed there.3

In the cases where any person shall be liable to prosecution as the receiver of any personal property that shall have been feloniously stolen, taken or embezzled, he may be indicted, tried and convicted in any county where he received or had such property, notwithstanding the theft was committed in another county.

In cases of bigamy an indictment may be found against any person for a second, third or other marriage in the county in which such person shall be apprehended, and the like proceedings, trial, judgment and conviction may be had in such county as if the offence had been committed therein."

In cases of bribery every person offending against the provisions of the statute may be indicted, tried and convicted in the county in which such offence shall be committed or in an adjoining county."

In cases of offenders against the statute in relation to dueling, where the offenders left the State for the purpose of eluding the provisions of the statute, they may be indicted and brought to

2 R. S., 727, § 47.

2 R. S., 727, § 48.

Baron v. The Peo., 1 Park., 246.

2 R. S., 726, § 43. Vide 3 Park. Cr. R., 473.

2 R. S., 688, § 10.

• 2 R. S., 683, § 15.

trial in any county of the State, which shall be designated by the governor for that purpose, and where, in his opinion, the evidence can be most conveniently obtained and produced.1

In cases of kidnapping the offence may be tried in the county in which the same may have been committed, or in any county through which any person kidnapped or confined shall have been taken while under such confinement."

And indictments for selling blacks may be tried in any county in which the person of color sold, or whose services shall be transferred, shall have been taken, kidnapped or inveigled, or through which he shall have been carried or brought.3

When any offence shall have been committed within this State, on board of any vessel navigating any river, lake or canal, or in respect to any portion of the cargo, or lading of any such boat or vessel, an indictment for the same may be found in any county through which, or any part of which, such vessel shall be navigated in the course of the same voyage or trip, or in any county through which such river or canal passes, or in which such lake is situated, or which it borders, or in the county where such voy. age or trip shall terminate, or would terminate, if completed; and such indictment may be tried, and a conviction thereon had, in any such county, in the same manner and with the like effect, as in the county where the offence was committed.1

But an indictment cannot be found in the county of New York for an offence committed on board of a steamboat close to the Long Island shore in Suffolk county, upon a trip from the city of New York to Norwich in the State of Connecticut; for the Long Island Sound, except such portions of it as are within fauces terrae, is part of the seas, and without the jurisdiction of the State.5

The phrase "navigating a river, &c.," used in the statute relating to offences committed on board of vessels, should be used in reference to the understanding of persons engaged in the business of navigation; accordingly, where a vessel had started on her voyage and still intended prosecuting it, though, when the

1 2 R. S., 687, § 6.

2 R. S., 664, § 31.

' 2 R. S., 665, § 35.

2 R. S., 727, § 44 as amended; Laws of 1860, ch. 431, p. 750.