One or more defendants may bring writ of error.

SEC. 375. When several defendants are tried jointly, any one or more of them, may bring a writ of error. But those of their codefendants, who do not join in suing out such writ, shall derive no benefit therefrom.

When stay of proceedings are ordered.

SEC. 376. When a stay of proceedings shall be ordered, as provided in this chapter, the judge may at the same time make such order as the case may require for the custody of the defendant, or for letting him to bail.

Stay of proceedings.

SEC. 377. If a stay of proceedings be allowed by the judge, the sheriff upon being served with the certificate thereof, must cease all further proceedings in executing the sentence; but must retain the defendant in custody or bail him in accordance with the order of the judge to him directed.

Writ of error to be directed to the clerk of the court.

SEC. 378. The writ of error authorized by this chapter, shall be directed to the clerk of the court where the trial was had, and thereupon without delay, he must make out a full and complete transcript of the proceedings in the cause and return them with the clerk to the supreme court of the proper district.

CHAPTER XXXVII.

JUDGMENT UPON WRIT OF ERROR.

Judgment of supreme court on writ of error.

SEC. 379. The supreme court must give judgment without regard to technical errors or defects which do not effect the substantial rights of the party.

Supreme court may reverse decision of court below.

SEC. 380. The supreme court may reverse, affirm or modify the judgment of the district court, and may, if necessary or proper, order a new trial.

Proceedings when judgment reversed.

SEC. 381. If judgment be reversed without ordering a new trial, the supreme court shall direct, if the defendant be in custody, that he be discharged; or if he be admitted to bail, that his bail be exonerated; or, if money be deposited instead of bail, that it be refunded to him.

Effect of judgment of affirmance.

SEC. 382. On a judgment of affirmance against the defendant, the original judgment shall be carried into execution as the supreme court shall direct.

Judgment of supreme court to be remitted to clerk of District

court.

SEC. 383. When the judgment of the supreme court is rendered, it must be entered on the judgment book, and a certified copy of the entry must be forthwith remitted to the clerk where the original judgment was rendered.

SEC. 384. After the certificate of the judgment has been remitted, as provided in the preceding section, the supreme court has no further jurisdiction of the proceedings thereon, and all orders which may be necessary to carry the judgment into effect, must be made by the court to which the certificate is remitted.

CHAPTER XXXVIII.

Who may be impeached.

IMPEACHMENTS.

SEC. 385. Any civil officer of this Territory, except county or township officers, may be impeached for corruption or other malconduct in office, as well as for high crime and misdemeanors. House of Representatives to act in case of impeachment.

SEC. 386. A majority of all the members of the House of Representatives elected, must concur in an impeachment. Accused allowed council.

SEC. 387. The impeachment must specify the offences charged with the same precision as is requisite in an indictment, and the accused must be allowed counsel, as in cases of either prosecutions.

SEC. 388. When possessed of an impeachment, the Senate or Council must forthwith cause the person accused to be brough before it.

Senate proceedings in cases of impeachment.

SEC. 389. All writs and process must be issued by the Secretary of the Senate or Council, and tested in his name, and may be served by any person thereto authorized by the Senate or Council or its President.

Accused to have copy of impeachment.

SEC. 390. Upon the appearance of the person impeached, he is entitled to a copy of the impeachment, and to a reasonable time in which to answer the same.

Members to take oath similar to jury.

SEC. 391. Before proceeding to the trial, an oath, truly and impartially to try and determine the charge in question according to the evidence, shall be administered by the Secretary of the Senate or Council to the President, and by him to each of the members of that body.

Two thirds necessary in impeachment.

SEC. 392. The person impeached shall be declared acquitted unless two thirds of the members present assent to his conviction. Removal from office to follow conviction.

SEC. 393. Upon conviction the judgment shall be removed from office. It may also attach a disqualification to hold any office of honor, trust or profit, under the laws of this Territory.

Accused suspended.

SEC. 394. Every officer impeached, shall be suspended from the exercise of his official duties until his acquittal.

Person impeached liable to a public prosecution.

SEC. 394. Conviction on an impeachment does not exempt the offender from a private action or a public prosecution for the same act or offence.

Impeachment of President of Council.

SEC. 395. If the president of the council be impeached notice thereof must immediately be given to the council, which shall thereupon choose another president, to hold his office until the result of the trial is determined.

CHAPTER XXXIX.

COMPELLING THE ATTENDING OF WITNESSES.

Effect of subpœna.

SEC. 396. A magistrate before whom an information is laid, may issue subpoenas subscribed by him, for witnesses within the Territory, on behalf of either the Territory or the defendant. Prosecuting attorney to issue subpoenas for witnesses.

SEC. 397. The prosecuting attorney may issue subpoenas subscribed by him, for witnesses within the county, in support of the prosecution, or for such other witnesses as the grand jury may direct to appear before the grand jury upon any investigation pending before them.

Clerk of court to issue subpoenas for defendant's witnesses.

SEC. 398. The clerk of the court at which an indictment is to be tried, must at all times upon the application of the defendant and without charge, issue as many blank subpoenas under the seal of the court and subscribed by him as clerk, for witnesses within the Territory as may be required by the defendant. He must also issue subpoenas on the part of the Territory when required. Subpoena can be served by any person.

SEC. 399. A peace officer must serve within his town or county, as the case may be, any subpoena delivered to him for service on the part of either the Territory or defendant, and must make a written return of the service without delay. A subpoena may however be served by any other person.

Subpæna served by copy.

SEC. 400. The service of a subpoena must be by delivering a copy and showing the original to the witness personally. Court to endorse on subpœna order for attendance of witness.

SEC. 401. No person is obliged to attend as a witness before any court or magistrate out of the county where he resides or is served with the subpoena, unless a judge of the supreme, district or county court, upon an affidavit of the prosecuting attorney, or of the defendant or his attorney, stating that he believes that the evidence of the witness is material and his attendance at the examination or trial necessary, shall endorse on the subpoena an order for the attendance of the witness.

Refusal to be sworn.

SEC. 402. Disobedience to a subpoena or a refusal to be sworn, or to answer as a witness, may be punished by the court or magistrate as a contempt.

SEC. 403. A witness wilfully disobeying a subpoena issued on the part of the Territory or defendant without good cause, shall also forfeit the sum of fifty dollars to the party injured, which may be recovered in a civil action.

Witness concealing himself.

SEC. 404. If a witness conceal himself to avoid the service of a subpoena, the officer may break open doors, or windows for the purpose of making service.

CHAPTER XL.

EXAMINATION OF WITNESSES CONDITIONALLY.

Defendant may have witnesses.

SEC. 405. When a defendant has been held to bail to answer a charge for a public offence, he may, either before or after indictment, have witnesses examined conditionally on his behalf as prescribed in this chapter and not otherwise.

When a witness is sick, or about to leave the territory.

SEC. 406. When a material witness for the defendant is about to leave the Territory, or is so sick or infirm as to afford reasonable ground for apprehending that he will be unable to attend the trial, the defendant may apply for an order that the witness be examined conditionally.

How application must be made.

SEC. 407. The application must be made upon affidavit showing:

First: The nature of the offence.

Second: The state of the proceedings in the action.

Third: The name and residence of the witness, and that his testimony is material to the defence of the action, and

Fourth: That the witness is about to leave the Territory, or is so sick or infirm as to afford reasonable ground for believing that he will be unable to attend the trial.

SEC. 408. The application if made during the term must be made to the court.

If not made during term.

SEC. 409. If not made during the term, the application may be made as follows:

First: When the indictment or proceedings are pending in the district court, to a Judge of the district, supreme or county court. Second: When the proceedings are pending before a Justice of the Peace for the trial of a misdemeanor, to the Justice. Witness may be examined conditionally.

SEC. 410. If the court or officer to whom the application is made be satisfied that the examination of the witness is necessary to the attainment of justice, an order may be made that the witness be examined conditionally, at a specified time and place, and that a copy of the order and of the affidavit on which it was granted be served on the prosecuting attorney, within a specified time, before that fixed for the examination, who shall appeal and examine such witness; and in case of his failure to do so, the person before whom the examination shall take place shall appoint an attorney for that purpose.

Examination before qualified person.

SEC. 411. The examination shall take place before the Judge or Justice, or if the Judge or Justice be unable to attend, they shall appoint some qualified person to hold such examination.

Testimony reduced to writing.

SEC. 412. The testimony of the witness must be reduced to writing, and sworn to and subscribed by him, and be authenticated and certified to the clerk of the court, or magistrate where the action is pending, which deposition may be read in evidence.

SEC. 413. Nothing in this chapter shall prevent the requirement of the attendance of such witness at the trial, if he has not departed, or has become able to attend.

CHAPTER XLI.

IN WHAT CASES THE DEFENDANT MAY BE ADMITTED TO BAIL. Admission to bail.

SEC. 414. Admission to bail is the order of a competent court or magistrate, that the defendant be discharged from actual custody upon the taking of bail.

Effect of bail.

SEC. 415. The taking of bail consists in the acceptance, by a competent court or magistrate, of the undertaking of sufficient