Chap. 78.—An ACT to Amend and Re-enact Sections 7 and 9 of Chapter
215 of the Code of 1860, in Relation to Proceedings in Criminal Cases
against Convicts.

Approved February 8, 1872.

1. Be it enacted by the general assembly, That sections
seven and nine of chapter two hundred and fifteen of the Code
of eighteen hundred and sixty, be amended and re-enacted so
as to read as follows:

“3 7. The clerk shall issue all necessary process, and a grand
jury and a venire shall be summoned, to attend at the time
appointed in such warrant, or at such time as the court may
direct; the said grand jury to be selected in the mode and
manner prescribed by the laws now in force, or which may
hereafter be in force, as to grand juries, from a list of names
furnished the clerk of such court by the judge thereof; and it
shall be the duty of the clerk of such court, forthwith, when-
ever so ordered by the judge of his court, to place in the
hands of the officer of such court, lists of the grand jurors so
selected; and it shall thereupon be the duty of such officer to
summon the persons mentioned in such lists to attend at the
time appointed in such warrant, or at such other time as the
court may direct.”

«3 9. In any such prosecution, all other convicts in the peni-
tentiary shall be competent witnesses for or against the accused.
In all other respects the proceedings, trial and judgment shall
be had, pronounced, and executed, as in other cases of prosc-
cutions for offences punishable with death or confinement in
the penitentiary, except, that in case a convict shall be sen-
fenced to suffer the death penalty, the judgment of such court
shall be executed by the superintendent of the penitentiary
naving charge of such convict.”

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