Chap. 145.—An ACT to amend and re-enact the 15th and 16th Sections
of Chapter 201 of the Code of 1878, in Relation to Process on Pre-
sentments, Indictments or Informations.

Approved April 2, 1874.

201st chapter «

1. Beit enacted by the general assembly, That the fifteenth Code f fer,

and sixteenth sections of the two hundred and first chapter sentments anc
of the Code of eighteen hundred and seventy-three, be amended ‘aictinen

and re-enacted to read as follows: p. 1240, $15, 1

Ҥ 15. Upon a presentment or indictment of a felony, for Proceedings o1
which the party charged has not been arrested, the judge presentments

ents of
shall issue a warrant to any sheriff, sergeant or constable,
commanding him to arrest such party and carry him before
a justice of the county or corporation in which he ought to
be tried, and to summon the witnesses on whose information
the presentment or indictment was made, to appear and tes-
tify before the justice. The justice to whom such warrant is
returned shall proceed in the case as if the warrant had been
issued by himself.

Ҥ 16. When a presentment is made or indictment found
for a misdemeanor, if it be in a circuit court, a copy of such
presentment or indictment, and of all the papers relating to
the case, shall be certified by the clerk to the court of the
county or corporation in which the offence is charged to have
been committed. Upon such presentment or indictment, or
upon information filed in such county or corporation court,
process shall be awarded by such county or corporation court,
or be issued by the clerk thereof in vacation. Such process,
if it be for a misdemeanor for which an infamous or corporal
punishment may be inflicted, may be a capias, or a summons,
at the discretion of the court; in all other cases it shall be,
in the first instance, a summons, but if a summons be re-
turned executed, or be returned not found, and the defendant
do not appear, the court may award acapias. All copies cer-
tified under this section shall be used with the same effect as.
the originals.

2. This act shall be in force from its passage.