Chap. 310.—An ACT to Provide for the Removal of certain Criminal
Causes from the County Court to the Circuit Court.

Approved March 31, 1873.

1. Be it enacted by the general assembly, That when an Al
indictment is found against a person for a felony in the county 5,
court, if the accused is in custody, or if he appear according to °°
his recognizance, he shall be arraigned in said county court, and
shall be remanded for trial to the circuit court for such county, Te
and all material witnesses, desired for the prosecution or the oy
defence, shall be recognized for their appearance at such trial. W
If the accused is not in custody, or fails to appear according I
to his recognizance, the judge éf the court shall issue a war- 1?
rant to any sheriff, sergeant or constable, commanding him to
arrest such party, and carry him before a justice of the county
in which he ought to be tried, and summon the witnesses for
the prosecution to appear and testify before the justice The P:
justice before whom such warrant is returned shall proceed in °
the case as if the warrant had been issued by himself.

2. When the justice considers that there is sufficient cause T
for charging the accused with the offence, he shall commit him i
for trial, or bail him if it be a case in which the party is entitled to
to bail. The commitment for trial, or recognizance for appear-
ance, shall be to the next term of the circuit court for such
county. And the justice shall return to the clerk of the court Rr
from which the warrant issued, a certificate showing whether °
the accused was committed, or recognized for trial, or was
discharged.

3. When a person is remanded by a county court, or is sent mi
on for trial by a justice, the clerk of the county court shall ° be
transmit to the clerk of the circuit court in which he is to be
tried, the indictment, and all recognizances and other papers —
connected with the case, and a record of the proceedings had
therein in the county court. Such papers and record shall be Re
used with the same effect in the circuit court as they might be ¢°
in the county court if the county court had jurisdiction to try th
the offence. The clerk of the circuit court shall, as soon as v.
may be, issue a venire facias, directed to the proper officer of °
the court, requiring him to summon jurors for such trial.

4. If the accused has not been arraigned in the county w
court, if in custody, or if he appear in the circuit court accord- ™
ing to his recognizance, he shall, unless good cause be shown for
® continuance,-be arraigned and tried at the first term of the
court to which he is remanded, or sent on for trial.

5. This act shall be in force from and on August first, ¢,
eighteen hundred and seventy-three.