causes, or any of them: First, When the jury has received any evidence, papers or documents not authorized by the court, or the court has admitted illegal testimony, or for newly-discovered evidence. Second, When the jury has been separated without leave of the court, after retiring to deliberate upon their verdict, or have been guilty of any misconduct tending to prevent a fair and due consideration of the case. Third, When the verdict has been decided by means, other than a fair expression of opinion on the part of all the jurors. Fourth, When the court has misdirected the jury, in a material matter of law. Fifth, When the verdict is contrary to law or evidence but no more than two new trials shall be granted, for this cause alone.

SEC. 237. The application for a new trial must be made before judgment.

SEC. 238 A motion in arrest of judgment, is an application on the part of the defendant, that no judgment be rendered on a verdict of guilty, or finding of the court; and may be granted by the court, for either of the following causes: First, That the grand jury who found the indictment, had no legal authority to inquire into the offence charged, by reason of it not being within the jurisdiction of the court. Second, That the facts stated, do not constitute a public offence

SEC. 239. The court may also, in its view of any of these defects, arrest the judgment without motion.

SEC. 240. The effect of allowing a motion in arrest of judgment is to place the defendant in the same situation in which he was before the indictment was found, except in cases otherwise provided for.

SEC 241. When judgment is arrested in any case, and there is reasonable ground to believe that the defendant can be convicted of an offence if properly indicted, the court may order the defendant to be recommitted, or admitted to bail, anew, to answer a new indictment

OF APPEAL.

SEC. 242. An appeal to the supreme court may be taken by the defendant, as a matter of right, from any judgment against him, and upon appeal, any decision of the court or intermediate order, made in the progress of the case, may be reviewed.

SEC. 243. An appeal from a judgment, in a criminal action, may be taken in the manner and in the cases prescribed in this chapter.

SEC. 244. Appeal to the supreme court may be taken by the Territory, in the following cases, and no other: First, Upon a judgment for the defendant in quashing or setting aside an indictment. Second, Upon an order of the court, arresting the judgment. Third, Upon a question of law, reserved by the Territory.

SEC. 245. The appeal must be taken, within six months after the judgment is rendered, and the transcript must be filed, within . thirty days after the appeal is taken.

SEC. 246. An appeal is taken by the service of a notice upon the clerk of the court where the judgment was entered, stating that the appellant appeals from the judgment. If taken by the defendant, a similar notice must be served upon the attorney prosecuting. If taken by the Territory, a similar notice must be served upon the defendant, if he can be found in the county, if not found, by posting up a notice three weeks, in the clerk's office.

SEC. 247. An appeal taken by the Territory in no case stays or affects the operation of the judgment in favor of the defendant, until the judgment is reversed.

SEC. 248. An appeal taken to the supreme court, from a judgment of conviction, does not stay the execution, except, when the judgment is for a fine, or fine and costs, only, in which case the execution may be stayed, by an order of the supreme court, or a judge thereof.

SEC. 249. In case of an appeal from a question reserved, on the part of the Territory, it is not necessary for the clerk of the court below, to certify in the transcript, any part of the proceedings and records, except, the bill of exceptions, and the judgment of acquittal When the question reserved is defectively stated, the supreme court may direct any other part of the proceedings and record to be certified to them.

SEC. 250. An appeal shall stand for trial immediately after filing the transcript, if the supreme court is in session; if not in session, at the next term thereafter, on proof of notice of appeal to the appellee.

SEC. 251. When several defendants are tried jointly, any one

or more of them may take an appeal; but those who do not join in the appeal, shall not be affected thereby.

SEC. 252. The appellate court may reverse, affirm or modify 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

court.

SEC. 253. When a judgment against the defendant is reversed, and it appears that no offence whatever has been committed, the supreme court must direct that the defendant be discharged; but if it appear that the defendant is guilty of an offence, 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. 254 On an appeal, the court must give judgment, without regard to technical errors or defects, or to exceptions, which do not affect the substantial rights of the parties.

SEC. 255. An appeal shall not be dismissed for any informality 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.

SEC. 256. On a judgment of affirmance against the defendant, the original judgment must be carried into execution, as the appellate court shall direct.

Si c. 257. All opinions of the supreme court in criminal prosecutions, must be given in writing, and recorded in the order book.

COSTS IN CRIMINAL CASES.

SEC. 258 The costs shall be paid by the county in which the offence is committed, in which the defendant shall be convicted, and shall be unable to pay them.

SEC. 259. In all cases in which the defendant is acquitted, the costs shall be paid by the county, unless the prosecutor be adjudged to pay them.

SEC. 260. In all cases except a felony, when the 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 in the same.

SEC. 261. If any person charged with an offence less than a felony, shall be discharged by the officer taking his examination. the costs shall be paid by the prosecutor, or person on whose oath or information the same shall have been instituted, unless the officer shall certify that there was probable cause for the prosecution, in which event, they shall be paid by the county in which the offence was committed. When the prosecutor is condemned to pay the costs, the officer taking the examination shall issue execution for them forthwith, if demanded. When the bill of costs shall be certified to the tribunal transacting county business, for payment, the same shall be strictly examined by the tribunal, and no allowance shall be made, but for such services as are expressly compensated by law.

SEC. 262. If a person charged with a felony shall be discharged, by the officer taking his examination, or if recognized or committed for any such offence, and no indictment be preferred against him, the costs shall be paid by the county, which shall be certified for allowance, in the manner hereinafter declared.

SEC. 263. If upon the trial of an indictment whereon the name of the prosecutor is indorsed as such, according to law, the jury shall acquit the defendant, they shall determine and return, together with their verdict, whether the prosecutor or the county shall pay the costs, and the court shall render judgment accordingly.

SEC. 264. In all cases, not herein otherwise provided for, the costs shall be paid by the county in which the offence was committed.

SEC. 265. Whenever any person shall be convicted of any crime or misdemeanor, no costs incurred on his part, except fees for board, shall be paid by the county or Territory, except as herein otherwise provided.

SEC. 266. No subpoena for a witness in any criminal case, shall be issued, unless the name of such witness is indorsed on the indictment, or the attorney prosecuting, or the prosecutor in the cause,

or the defendant or his attorney, shall order the same; and no subpœna shall be issued for any witness, unless the accused is in custody, or on trial, or unless the clerk shall be satisfied that he will be in attendance on the court, at the return term of the process; and all costs unnecessarily incurred by a violation of this section shall be taxed against the clerk.

SEC. 267. Whenever a witness in a criminal case is once recognized or subpoenaed, he shall attend under the same until he is discharged by the court; and no costs shall be allowed for any subsequent recognizance or subpoena against the same witness.

SEC. 268. Whenever the tribunal transacting county business of any county of which the offender shall have committed any crime, for which he is imprisoned, may be satisfied of the necessity of so doing, may make an allowance for ironing the prisoner, and may allow a moderate compensation for medical services, fuel, bedding, and menial attendance, for any prisoner, which shall be paid out of the county treasury.

SEC 269. All fines and penalties imposed, and all forfeitures. incurred in any county, shall be paid into the treasury therof, for the benefit of said county.

SEC 270. The clerks of the several courts in the Territory in which any criminal cause shall have been determined or continued generally, and in which the Territory or county shall be liable for costs, shall, before the next succeeding term, tax all costs which shall have accrued in the same, and make out and deliver to the attorney prosecuting in said court, within the time aforesaid, a complete fee bill, specifying each item of service, and the fee therefor; and if any clerk fail to perform the duties hereby enjoined on him, any person injured by such neglect, may, by motion in said court, giving two days' notice thereof to such clerk or his deputy, recover against the clerk, treble the amount of costs to which he is entitled in the cause, in which the clerk shall have failed to make out and deliver to the prosecuting attorney a fee bill.

SEC. 271. It shall be the duty of the judge and attorney prosecuting of every court in this Territory, having criminal jurisdiction, to meet together in term time, and examine strictly each bill of costs which shall have been delivered to the attorney prosecuting of said court for allowance against the county or Territory, and ascertain, as far as practicable, wh.ther the services have been rendered