CHAPTER XVI.

OF THE STYLE OF PROCESS, AND TAKING EFFECT

OF ACT.

§ 1198. Style of process.

§ 1199. When act takes effect.

§ 1166. Style of

§ 1198. [1166.] All process authorized by this code, Oct. 11, 1862, to be issued by any court or officer thereof, shall run in the name of the state of Oregon, and be signed by the process. officer issuing the same; and if such process be issued by a clerk of a court, he shall affix thereto his seal of office. In all actions, suits, or proceedings by or against the state, it is to be styled the state of Oregon.

Process. A summons is not pro- the state: Bailey v. Williams, 6 Or. cess, and need not run in the name of 71.

Ø 1167.

When act to

§ 1199. [1167.] This act shall take effect from anu Oct. 11, 1862, after a day to be appointed by the governor, when the same is printed and distributed, and notice thereof shall take effect. be given by the governor, by proclamation, published in three weekly newspapers in this state, for three weeks before the day appointed for the same to take effect.

CRIMINAL CODE.

TITLE I.-OF CRIMINAL PROCEDURE.
II. OF CRIMES AND THEIR PUNISHMENTS.

TITLE I.

OF CRIMINAL PROCEDURE.

CHAPTER I.-PRELIMINARY PROVISIONS.

II. OF THE TIME OF COMMENCEMENT OF
CRIMINAL ACTIONS.

III. OF THE JURISDICTION AND PLACE OF
TRIAL OF CRIMINAL ACTIONS.

IV. OF THE CHANGE OF PLACE OF TRIAL
OF CRIMINAL ACTIONS.

V. OF THE FORMATION OF THE GRAND

JURY.

VI. OF THE POWERS AND DUTIES OF THE
GRAND JURY.

VII. OF THE FINDING AND

OF THE INDICTMENT.

VIII. OF THE INDICTMENT.

IX.

PRESENTATION

748

CHAPTER XIV.-OF THE POSTPONEMENT OF TRIAL.
XV. OF THE FORMATION OF THE TRIAL

JURY.

XVI.-OF THE CONDUCT OF THE TRIAL,
AND MISCELLANEOUS PROVISIONS
RELATING THERETO.

XVII. OF THE VERDICT.

XVIII.-OF EXCEPTIONS AND NEW TRIAL.
XIX. OF ARREST OF JUDGMENT.

XXI.-OF JUDGMENT WHEN INFANTS ARE

CHARGED WITH CRIME.

XXII.—OF THE EXECUTION.

XXIII. OF APPEALS, WHEN ALLOWED AND
HOW TAKEN.

XXIV. OF BAIL.

XXV.

OF DEPOSIT INSTEAD OF BAIL. XXVI.-OF SURRENDER OF THE DEfendant. XXVII.-OF FORFEITURE OF THE UNDERTAKING OF BAIL, OR THE DEPOSIT OF MONEY.

XXVIII.-OF RECOMMITMENT OF THE DEFEND

ANT AFTER BAIL, OR A DEPOSIT
OF MONEY IN LIEU THEREOF.

XXIX.-OF COMPELLING THE ATTENDANCE
OF WITNESSES.

XXX.—OF COMPROMISING CERTAIN CRIMES
BY LEAVE OF THE COURT.

XXXI.-OF DISMISSAL OF THE ACTION BEFORE
OR AFTER INDICTMENT, FOR WANT

OF PROSECUTION OR OTHERWISE.
XXXII.-OF DISPOSAL OF PROPERTY STOLEN
OR EMBEZZLED.

XXXIII.-OF REPRIEVES, COMMUTATIONS, AND
PARDONS.

XXXIV.—OF THE INFORMATION, AND BY WHOM
ΤΑΚΕΝ.

XXXV.-OF THE WARRANT OF ARREST.

XXXVI.-OF ARREST, HOW AND BY WHOM MADE.

CHAPTER XXXVII.-OF EXAMINATION OF THE CASE,

AND DISCHARGE OF THE De

FENDANT, OR HOLDING HIM TO
ANSWER.

XXXVIII.-OF THE PREVENTION OF CRIMES,
AND SECURITY TO KEEP THE
PEACE.

XXXIX.—OF SUPPRESSION OF RIOTS.

§ 1200. [1.] A crime or public offense is an act or Oct. 19, 1864, § 1. omission forbidden by law, and punishable upon convic- Definition tion by either of the following punishments:

1. Death;

2. Imprisonment;

3. Fine;

4. Removal from office;

5. Disqualification to hold and enjoy any office of honor, trust, or profit under the constitution or laws of this state.

This is section 1 of an act entitled "An act to provide a Code of Criminal Procedure, and to define crimes and their punishment," approved October 19, 1864. That act, which constitutes most of the Criminal Code, took effect May 1, 1865, by its own provision. The section numbers preserved in brackets in this compilation are the numbers according to the compilation of 1872, which, however, do not in all cases correspond with those of the act of October 19, 1864.

of crime.