is a material witness and that there is danger of the loss of May require his testimony unless he furnish bail or be committed, said recog nizance. Unnecessary to tender fees. When plea of not guilty entered. When tried. Who may be tried, etc. Informations, when filed. Witnesses indorsed. Duty of prosecuting attorney. court may require such witness to enter into a recognizance with such sureties and in such amount as the court may determine for his appearance at any examination or trial of said cause. All witnesses who fail to so recognize, shall be committed to jail by said court, there to remain until they comply with such order or are discharged by future order of said court. SEC. 36. It shall not be necessary to pay or tender any fees whatever to any witness subpoenaed on the part of the people of this state in support of any prosecution, but such witness shall be bound to attend as if the fees allowed by law to witnesses in civil actions had been duly paid to him. SEC. 37. When any person shall be arraigned upon an indictment, it shall not be necessary in any case to ask him how he will be tried; but if, on being so arraigned, he shall refuse to plead or answer or shall not confess the indictment to be true, the court shall order a plea of not guilty to be entered and thereupon the proceedings shall be the same as if he had pleaded not guilty to the indictment. SEC. 38. Every person held in prison upon an indictment shall, if he require it, be tried at the next term of court after the expiration of six months from the time when he was imprisoned, or shall be bailed upon his own recognizance, unless it shall appear to the satisfaction of the court that the witnesses on behalf of the people have been enticed or kept away, or are detained and prevented from attending court by sickness, or some inevitable accident. SEC. 39. Every person concerned in the commission of an offense, whether he directly commits the act constituting the offense or procures, counsels, aids, or abets in its commission may hereafter be prosecuted, indicted, tried and on conviction. shall be punished as if he had directly committed such offense. SEC. 40. All informations shall be filed during term in the court having jurisdiction of the offense specified therein, after the proper return is filed by the examining magistrate by the prosecuting attorney of the county as informant; he shall subscribe his name thereto, verify the same under his oath and indorse thereon the names of the witnesses known to him at the time of filing the same. Names of other witnesses may be indorsed before or during the trial by leave of the court and upon such conditions as the court shall determine. SEC. 41. It shall be the duty of the prosecuting attorney of the proper county to inquire into and make full examination of all the facts and circumstances connected with any case of preliminary examination as provided by law, touching the commission of any offense whereon the offender shall be committed to jail or become recognized or held to bail; and if the prosecuting attorney shall determine in any case that an information ought not to be filed, he shall make, sub scribe and file with the clerk of the court a statement, in writing, containing his reasons in fact and in law, for not filing an information in such case and that such statement shall be filed at and during the term of the court at which the offender shall be held for appearance: Provided, That in such Proviso. case such court may examine said statement, together with the evidence filed in the case and if, upon such examination, the court shall not be satisfied with said statement, the prosecuting attorney shall be directed by the court to file the proper information and bring the case to trial. exami SEC. 42. No information shall be filed against any person Preliminary for any offense until such person shall have had a preliminary nation. examination therefor, as provided by law, before a justice of the peace or other examining magistrate or officer, unless such person shall waive his right to such examination: Provided, Proviso. however, That informations may be filed without such examination against fugitives from justice, and any fugitive from justice against whom an information shall be filed, may be demanded by the governor of this state of the executive authority of any other state or territory, or of any foreign government, in the same manner and the same proceedings may be had thereon as provided by law in like cases of demand upon indictment filed. Indictment. SEC. 43. The indictment may be substantially in the fol- Form of lowing form: In the. (here give the name of the court) .term, 19... the People of the state of Michigan vs. (here give the name or description of the accused.) ...do present The grand jury of the county of..... that (here give name or description of the accused), (here set forth the offense and transaction according to the rules herein enunciated). SEC. 44. The following forms may be used in the cases in Forms. which they are applicable but any other forms authorized by this or any other law of this state may also be used: Adultery-A. B., a married man, committed adultery with C. D.; or A. B. committed adultery with C. D., a Affray-A. B. and C. D. made an affray. Assault-A. B. assaulted C. D. Assault and Battery-A. B. committed an assault and Assault with intent-A. B. assaulted C. D. with intent Arson-A. B. committed arson by burning the dwelling Attempt-A. B. attempted to steal from C. D.; A. B. at- is a material witness and that there is danger of the loss of May require his testimony unless he furnish bail or be committed, said recog nizance. Unnecessary to tender fees. When plea of not guilty entered. When tried. Who may be tried, etc. Informations, when filed. Witnesses indorsed. Duty of prosecuting attorney. court may require such witness to enter into a recognizance with such sureties and in such amount as the court may determine for his appearance at any examination or trial of said cause. All witnesses who fail to so recognize, shall be committed to jail by said court, there to remain until they comply with such order or are discharged by future order of said court. SEC. 36. It shall not be necessary to pay or tender any fees whatever to any witness subpoenaed on the part of the people of this state in support of any prosecution, but such witness shall be bound to attend as if the fees allowed by law to witnesses in civil actions had been duly paid to him. SEC. 37. When any person shall be arraigned upon an indictment, it shall not be necessary in any case to ask him how he will be tried; but if, on being so arraigned, he shall refuse to plead or answer or shall not confess the indictment to be true, the court shall order a plea of not guilty to be entered and thereupon the proceedings shall be the same as if he had pleaded not guilty to the indictment. SEC. 38. Every person held in prison upon an indictment shall, if he require it, be tried at the next term of court after the expiration of six months from the time when he was imprisoned, or shall be bailed upon his own recognizance, unless it shall appear to the satisfaction of the court that the witnesses on behalf of the people have been enticed or kept away, or are detained and prevented from attending court by sickness, or some inevitable accident. SEC. 39. Every person concerned in the commission of an offense, whether he directly commits the act constituting the offense or procures, counsels, aids, or abets in its commission may hereafter be prosecuted, indicted, tried and on conviction shall be punished as if he had directly committed such offense. SEC. 40. All informations shall be filed during term in the court having jurisdiction of the offense specified therein, after the proper return is filed by the examining magistrate by the prosecuting attorney of the county as informant; he shall subscribe his name thereto, verify the same under his oath and indorse thereon the names of the witnesses known to him at the time of filing the same. Names of other witnesses may be indorsed before or during the trial by leave of the court and upon such conditions as the court shall determine. SEC. 41. It shall be the duty of the prosecuting attorney of the proper county to inquire into and make full examination of all the facts and circumstances connected with any case of preliminary examination as provided by law, touching the commission of any offense whereon the offender shall be committed to jail or become recognized or held to bail ; and if the prosecuting attorney shall determine in any case that an information ought not to be filed, he shall make, sub scribe and file with the clerk of the court a statement, in writing, containing his reasons in fact and in law, for not filing an information in such case and that such statement shall be filed at and during the term of the court at which the offender shall be held for appearance: Provided, That in such Proviso. case such court may examine said statement, together with the evidence filed in the case and if, upon such examination, the court shall not be satisfied with said statement, the prosecuting attorney shall be directed by the court to file the proper information and bring the case to trial. exami SEC. 42. No information shall be filed against any person Preliminary for any offense until such person shall have had a preliminary nation. examination therefor, as provided by law, before a justice of the peace or other examining magistrate or officer, unless such person shall waive his right to such examination: Provided, Proviso. however, That informations may be filed without such examination against fugitives from justice, and any fugitive from justice against whom an information shall be filed, may be demanded by the governor of this state of the executive authority of any other state or territory, or of any foreign government, in the same manner and the same proceedings may be had thereon as provided by law in like cases of demand upon indictment filed. Indictment. SEC. 43. The indictment may be substantially in the fol- Form of lowing form: In the. (here give the name of the court) .term, 19... the People of the state of Michigan vs. (here give the name or description of the accused.) The grand jury of the county of.... .do present that (here give name or description of the accused), (here set forth the offense and transaction according to the rules herein enunciated). SEC. 44. The following forms may be used in the cases in Forms. which they are applicable but any other forms authorized by this or any other law of this state may also be used: Adultery-A. B., a married man, committed adultery Affray-A. B. and C. D. made an affray. Assault-A. B. assaulted C. D. Assault and Battery-A. B. committed an assault and Assault with intent-A. B. assaulted C. D. with intent Arson-A. B. committed arson by burning the dwelling Attempt-A. B. attempted to steal from C. D.; A. B. at- Proviso. What indict- Defect amended. Repugnant allegations. When not deemed objectionable. Burglary-A. B. committed burglary of the house of C. D. A. B. broke and entered the dwelling house of C. D. in the night time with intent to commit larceny, or murder, or robbery therein (as the case may be). Conspiracy-A. B. and C. D. conspired together to murder E. F. or to steal the property of E. F. or to rob E. F. (as the case may be). Forgery-A. B. forged a certain instrument purporting to be a promissory note (or describe instrument or give its tenor or substance). Larceny-Embezzlement and false pretenses. A. B. stole from C. D. one horse of the value of more than one hundred dollars. Murder A. B. murdered C. D. Manslaughter-A. B. killed C. D. Perjury-A. B. appeared as a witness in a case between C. D. and E. F. being heard before the (set forth the tribunal) and committed perjury by testifying as follows: (set forth the testimony). Rape-A. B. raped or ravished C. D. Rape (statutory)-A. B. raped or ravished C. D., she C. D. being then under the age of (statutory age) years. Robbery Armed-A. B. robbed C. D., A. B. being armed. Robbery-A. B. robbed C. D., A. B. not being armed. Provided, That the prosecuting attorney, if seasonably requested by the respondent, shall furnish a bill of particulars setting up specifically the nature of the offense charged. SEC. 45. The indictment or information shall contain: 1. The nature of the offense stated in language which will fairly apprise the accused and the court of the offense charged; 2. The time of the offense as near as may be but no variance as to time shall be fatal unless time is of the essence of the offense. 3. That the offense was committed in the county or within the jurisdiction of the court. But no verdict shall be set aside or a new trial granted by reason of failure to prove that the offense was so committed unless the accused have raised such question before the case is submitted to the jury. SEC. 46. Any defect, error or omission in the caption, commencement or conclusion of an indictment may be amended. SEC. 47. No indictment is invalid by reason of any repugnant allegations contained therein, provided that an offense is charged. All unnecessary allegations shall be rejected as surplusage. SEC. 48. No indictment for any offense created or defined by statute shall be deemed objectionable for the reason that it fails to negative any exception, excuse or proviso contained in the statute creating or defining the offense. The fact that the charge is made shall be considered as an allegation that |