may reverse, affirm, &c., the judgment appeal ed. SEC. 274. The appellate court may reverse, affirm or modify Appellate court the judgment appealed from, and may, if necessary or proper, order a new trial. In either case, the cause must be remanded to the court below, with proper instructions, and the opinion of the court, within the time and in the manner to be prescribed by rule of the court. is reversed. SEC. 275. When a judgment against the defendant is reversed, When a judgment and it appears that no offense whatever has been committed, the supreme court must direct that the defendant be discharged; but Proceeding. if it appear that the defendant is guilty of an offense, although defectively charged in the indictment, the supreme court must direct the prisoner to be returned and delivered over to the jailor of the proper county, there to abide the order of the court in which he was convicted. SEC. 276. On an appeal, the court must give judgment, without regard to technical errors or defects, or to exceptions which do not effect the substantial rights of the parties. Judgment withrors. out regard to er missed for defect. SEC. 277. An appeal shall not be dismissed for any informal- Appeal not disity or defect in the taking thereof. If the same be corrected within a reasonable time after an appeal has been dismissed, another appeal may be taken. affirmanco. SEC. 278. On a judgment of affirmance against the defendant, on a judgment of the original judgment must be carried into execution as the appellate court may direct. preme court in SEC. 279. All opinions of the supreme court in criminal pros- Opinions of suecutions must be given in writing and recorded in the order book. writing. Miscellaneous Provisions. by and to whom issued. SEC. 280. Upon complaint being nade, on oath, to any officer Search warrants, authorized to issue process for the apprehension of offenders, that any personal property has been stolen or embezzled, and that the complainant suspects that such property is concealed in any particular house or place, if such magistrate shall be satisfied that there is reasonable ground for such suspicion, he shall issue a warrant to search for such property. sheriff or consta SEC. 281. Such warrant shall be directed to the sheriff of the To be directed to county, or any constable of the township, and shall command him ble. to search the place where such property is suspected to be con- command of warcealed, in the day time, which place shall be designated, and the rant. property particularly described in such warrant, and to bring such property before the magistrate issuing the warrant. Warrant may SEC. 282. If there be positive proof that any property, stolen order search. By whom only executed. Committing magistrates authorized to search vagrants and persons accused. Property alleged to be stolen, in possession of off his hands, subject to order, &c. or embezzled, is concealed in any particular place or house, the warrant may order the searching of such place or house. SEC. 283. Every such warrant shall be executed by a public officer, and not by any other person. SEC. 284. Any magistrate who shall commit any person, charged with an offence, to jail, or by whom any vagrant or disorderly person shall be committed, may cause such person to be searched, for the purpose of discovering any money or property he may have; and, if any be found, the same may be taken and applied to the support of such person while in confinement. SEC. 285. When property alleged to have been stolen, shall cer, to remain in come into the custody of any sheriff, coroner, constable, marshal or any person authorized to perform the duties of such officers, he shall hold the same subject to the order of the officer authorized to direct the disposition thereof. Magistrate may order its delivery to owner, when and on what terms. Such property in custody of magistrate may be delivered to owner, when. Court may order such property to be delivered to owner, when. When no owner appears, may be gold. SEC. 286. Upon receiving satisfactory proof of the title of any owner of such property, the magistrate, who shall take the examination of the person accused of any of the offenses referred to in the preceding section, may order the same to be delivered to such owner, on his paying the reasonable and necessary expenses incurred in the preservation of such property, to be certified by such magistrate, which order shall entitle the owner to demand and receive such property. SEC. 287. If such property come into the custody of a justice of the peace or other magistrate, upon satisfactory proof of the title of any owner thereof, it shall be delivered to him on the payment of the necessary expenses incurred in the preservation thereof, to be certified by such magistrate. SEC. 288. If such property shall not have been delivered to the owner thereof, the court before which a conviction shall be had for the stealing, embezzling or obtaining such property, in any of the modes referred to in the sixth section of this article, may, on proof of the ownership of any person, order the same to be restored to him, on payment of the expenses incurred in the preservation thereof. SEC. 289. If such property shall not be claimed by the owner within six months from the time any person shall have been convicted of obtaining it, in any of the modes referred to in this act, the court or magistrate, authorized by the preceding provisions to order a restoration, may order the same to be sold, and the proceeds of the sale, after payment of the expenses of the preservation and sale of the property, shall be paid into the county treasury for the use of the county. erty to be sold, SEC. 290. If the property thus obtained be a living animal, or Perishable propof a perishable nature, the court or magistrate authorized to order a restoration, may order a sale thereof, and the proceeds shall be applied in the same manner as hereinbefore directed in respect to such property. Property, must be SEC. 291. In all cases of sale, as specified in the last section, Printed so it can a particular description of the property shall be made out, in be identified. writing, and filed with the court or officer making the order of sale, so that the owner may identify the same, if he shall claim the proceeds within the time limited by law for making his claim. SEC. 292. Warrants authorized by law to be issued in crimi- Warrants need nal cases, may be under the hand of the magistrate issuing the same, and shall be as valid and effectual in all respects as if sealed. not be sealed. their form. SEC. 293. All recognizances required or authorized to be taken Recognizances, in any criminal proceeding, in open court, by any court of record, shall be entered on the minutes of such court, and the substance thereof shall be read to the person recognized; all other recognizances in any criminal matter or proceeding, or in any proceeding of a similar nature, shall be in writing, and shall be subscribed by the parties to be bound thereby. SEC. 294. Every officer or other person, who shall have arrested, or have in his custody, under the authority of the laws of this Territory, any prisoner who is to be conveyed from one county to another, may carry such prisoner through such parts of any county as shall be in the ordinary route of travel, from the place where such prisoner shall have been arrested, to the place where he is to be conveyed and delivered, under the process or authority by which such prisoner shall have been arrested or is detained. Authority of offiprisoners from cers to convey one county to another. having prisoner, not liable to arrest on civil process; &c. SEC. 295. The officer or person having such prisoner in charge oficer or person shall not be liable to arrest, on civil process, while on his route; and he shall have the like power to require any person to aid in posse comitatu. securing such prisoner, and re-taking him, if he escapes, as sheriffs or other officers have in their own county; and a refusal or neglect to render such aid, shall be an offense punishable in the same manner as for disobedience to a summons to assist in the execution of process. SEO. 296. The jailor of every county through which such prisoner may be taken, is required to receive and safely keep such prisoner in the jail of which he has charge, when thereto requested by the officer or person having lawful charge of such prisoner, and to re-deliver him on demand of such officer or person. Jailers of coun ties required to receive prisoner. Mode of securing fugitives from justice. 66 Expenses, how paid. Jury conducted to view a place. Officer may Corruption in selecting jury. Judgments, &c, executed by sheriff. Convict returned for new trial. prison. SEC. 297. Whenever the governor of this Territory shall demand a fugitive from justice, from the executive of another State or Territory, and shall have received notice that such fugitive will be surrendered, he shall issue his warrant, under the seal of the Territory, to some messenger, commanding him to receive such fugitive and convey him to the sheriff of the county in which the offense was committed, or is by law cognizable. SEC. 298. The expenses which may accrue under the last section, being first ascertained to the satisfaction of the governor, shall, on his certificate, be allowed and paid out of the Territorial treasury, as other demands against the Territory. SEC. 299. Whenever, in the opinion of the court, it is proper for the jury to have a view of the place in which any material fact occurred, it may order them to be conducted in a body, under the charge of an officer, to the place, which shall be shown to them by some person appointed by the court for that purpose. While the jury are thus absent, no person other than the officer and a person appointed to show them the place, shall speak to them on any subject connected with the trial. SEC. 300. To make an arrest in criminal actions, the officer may break open any outer or inner door, or window of a dwelling house or other building, or any other enclosure, if, after notice. of his office and purpose, he be refused admittance. SEC. 301. When the sheriff or other officer is guilty of corruption in selecting or impanneling a grand or traverse jury, it is good cause of challenge to any of the jurors so selected or impanneled. SEC. 302. Every judgment, commitment and process of the district court must be executed by the sheriff. SEC. 303. When any convict in the Territorial prison is ordered to be returned to the county where he was convicted, to await a Duty of keeper of new trial, the keeper of the Territorial prison must execute the order. The keeper is entitled to such fees therefor as are allowed to the sheriff for taking the convict to the Territorial prison. The term "per Bon." Definitions of terms adopted. SEC. 304. When the term "person," or other word, is used to designate the party whose property is the subject of an offense, or against whom any act is done, with intent to defraud or injure, the term may be construed to include the United States, this Territory, or any other Territory or State, or any public or private corporation, as well as an individual. SEC. 305. All definitions of terms in the act prescribing the rules of pleading and practice in civil actions, are adopted in this act, as far as the same are applicable. on bail given up. SEC. 306. If money has been deposited instead of bail, and Money deposited the defendant, at any time before the forfeiture thereof, shall Conditions. give sufficient special bail, or shall surrender himself in open court, or to the sheriff, as provided in this act, or be in any manner legally discharged, the court shall order a return of the deposit. Governor antho rized to offer reward for fugi SEC. 307. If any person charged with, or convicted of a felony, shall break prison, escape or flee from justice, and abscond or vs. secrete himself, the governor of this Territory may, if he deems it expedient, offer any reward, not exceeding three hundred dollars, for the apprehension.and delivery of such person to the custody of such sheriff or other officer, as he may direct. such cases. SEC. 308. When any person shall apprehend and deliver such Proceedings in fugitive to the proper sheriff or officer, he shall take his certificate of such delivery, and the governor, on the production of such certificate, shall certify the amount of the claim to the auditor of public accounts. Governor's par don may be con SEC. 309. In all cases in which the governor is authorized by law to grant pardons, he may grant the same with such conditions ditional. and under such restrictions as he may think proper. tions. SEC. 310. Where any indictment or prosecution shall be Further excepquashed, set aside or reversed, the time during which the same was pending shall not be computed as part of the time of the limitation prescribed for the offense. Of the Costs in Criminal Cases. by county. SEC. 311. The costs shall be paid by the county in which the When costs paid offense is committed, in which the defendant shall be convicted, and shall be unable to pay them. Costs ac SEC. 312. In all cases in which, if the defendant is acquitted, Cittal, paid by the costs shall be paid by the county, unless the prosecutor shall cutor or prosebe adjudged to pay them. returned not a true bill; costs by whom paid. SEC. 313. In all cases except a felony, when the indictment When indictment shall be returned "Not a true bill," the prosecutor shall be adjudged to pay the costs, unless the grand jury shall determine that the county, and not the prosecutor shall pay the same. The opinion of a majority of the grand jury certified by their foreman, stating who shall be liable for costs, shall be conclusive in the court rendering judgment for the same. SEC. 314. If any person, charged with an offense less than a |