"You are therefore commanded, forthwith to arrest the above named C. D., and take him before E. F., a magistrate of this county, or in case of his absence or inability to act, before the nearest or most accessible magistrate in this county.

§ 281. The bench warrant may be served in any county; and the officer serving it must proceed thereon, in all respects, as upon a warrant of arrest on an information, as provided in sections 158 to 161, both inclusive, except that when served in another county, it need not be endorsed by a magistrate of that county.

§ 282. The magistrate, when the defendant is brought before him, must proceed upon the charge contained in the presentment, in the same manner in all respects as upon a warrant of arrest on an information, as provided in sections 187 to 220, both inclusive.

§ 283. Upon the arrest of the defendant, the clerk with whom the presentment and depositions are filed, must, without delay, furnish to the magistrate before whom the defendant is taken, a certified copy of the presentment and depositions.

TITLE V.

OF THE INDICTMENT.

CHAPTER I. Finding and presentation of the indictment.
II. Form of the indictment.

III. Arraignment of the defendant.

IV. Setting aside the indictment.

SECTION 284. Indictment must be found by twelve grand jurors, and endorsed by

285. If not so found, depositions &c. must be returned to the court, with dismissal endorsed.

286. Effect of dismissal.

287. Names of witnesses must be inserted at foot of indictment, or en

dorsed thereon.

288. Indictment must be presented in presence of the grand jury, and filed.

§ 284. An indictment cannot be found, without the concurrence of at least twelve grand jurors. When so found, it must be endorsed, “A true bill," and the endorsement must be signed by the foreman of the grand jury.

§ 285. If twelve grand jurors do not concur in finding an indictment, the depositions, (and statement, if any,) transmitted to them, must be returned to the court, with an endorsement thereon, signed by the foreman, to the effect that the charge is dismissed.

The last two sections are substantially the same as 2 R. S., 3d. ed. 812, sec. 36.

§ 286. The dismissal of the charge does not, however, prevent its being again submitted to a grand jury, as often as the court may so direct. But without such direction, it cannot be again submitted.

This section is designed to provide a convenient check upon the practice which now prevails, of repeated applications to the grand jury for an indictment, where it has been already dismissed. Cases have existed, where, after frequent dismissals of the indictment, the perseverance of the prosecutor has at length succeeded in procuring it to be found. The Commissioners are not prepared to say, that an indictment should not be found after one or more dismissals; for they are ready to admit, that by reason of the discovery of new testimony, or of other facts intimately connected with the due administration of justice, it may be both expedient and necessary, that the case should be submitted to another grand jury. To prevent, on the one hand, the abuse referred to, and to guard the interests of the public, on the other, they have proposed that the dismissal of the charge shall not prevent its being again submitted to the grand jury, as often as the court shall direct; but that without such direction, it shall not be again submitted.

§287. When an indictment is found, the names of the witnesses examined before the grand jury, or whose depositions may have been read before them, as provided in section 259, must, in all cases, be inserted at the foot of the indictment, or endorsed thereon, before it is presented to the court.

This provision is in accordance with the English practice, which, with all its supposed severity in the punishment of

crime, proceeds upon the principle that no advantage shall be denied to the defendant, adapted to enable him to meet and defend the charge. And indeed, so far has it been carried in that country, that the judges are in the constant habit of requiring the prosecuting counsel to place upon the stand as witnesses, all who were examined before the grand jury. In a case recently reported, where the counsel for the prosecution had refused to do this, because the witness was adverse to the prosecution, the judge declared that unless the counsel called him, he himself would do so, that the defendant might have the privilege of across-examination; and gave as his reason, a sentiment alike honorable to the bench and to the law, that the object of a public prosecution was the attainment of truth and not the conviction of the defendant.

§ 288. An indictment, when found by the grand jury, as prescribed in section 284 must be presented by their foreman, in their presence, to the court, and must be filed with the clerk, and remain in his office as a public record.

Taken from 2 R. S., 3d. ed., 812, sec. 38.

CHAPTER II.

FORM OF THE INDICTMENT.

SECTION 289.

Forms of pleading heretofore existing, abolished.

290.

First pleading for the people, is indictment.

291. Indictment, what to contain.

292. Form of indictment.

293. Manner of stating the act constituting the offence.

294. Indictment must be direct and certain.

295. When defendant is indicted by fictitious or erroneous name, his true

name may be inserted in subsequent proceedings.

296. Indictment must charge but one offence and in one form, except where it may be committed by different means.

297. Statement as to time when offence was committed.

298. Statement as to person injured or intended to be injured.

299.

Construction of words used in indictment.

300. Words used in a statute need not be strictly pursued.

301. Indictment, when sufficient.

302. Indictment not insufficient for defect of form, not tending to prejudice defendant.

303. Presumptions of law and matters of which judicial notice is taken,

need not be stated.

304. Pleading a judgment or determination of, or proceeding before, a court or officer of special jurisdiction.

305. Private statute, how pleaded.

306. Pleading in indictment for libel.

307. Pleading in indictment for forgery, where the instrument has been
destroyed, or withheld by defendant.

308. Pleading in indictment for perjury or subornation of perjury.
309. Upon indictment against several, one or more may be convicted or
acquitted.

310. Distinction between accessary before the fact and principal, and
between principals in the first and second degree, in felony,
abrogated.

311. Accessary after the fact, in felony, may be indicted tried and punished, though principal neither tried nor indicted.

312. Indictment for compounding a felony, though the person guilty of the original offence be neither indicted nor tried.

The Commissioners have bestowed upon the subject of the form of the indictment, most careful and anxious reflection; and after weighing every consideration connected with it, they can confidently say, that they have arrived at a result satisfactory to their own minds, and which they believe will be found to be in accordance with the wise and just demand of public opinion. They will not flatter themselves with the idea, that their labors in this respect will meet with the universal approbation of the legal profession; but placing them