are necessary, they shall have power to employ one at an agreed compensation not to exceed five dollars per day, payable as other county charges. The judge, upon the impannelment of such grand jury, shall charge them especially as to their duties under this section. [In effect April 16th, 1880.] PEN. CODE-80. CHAPTER IV. PRESENTMENT, AND PROCEEDINGS THEREON. § 931. Presentment must be by twelve grand jurors, etc. § 932. Must be presented to the court and filed. § 933. Court must direct a bench-warrant if facts constitute a public offense. § 934. Bench-warrant, by whom and how issued. § 935. Form of bench-warrant. § 936. Bench-warrant, how served. § 937, Proceedings of magistrate on defendant being brought before him. 931. A presentment cannot be found without the concurrence of at least twelve grand jurors. When so found, it must be signed by the foreman. See 54 Cal. 103; post, § 940, and note. 932. The presentment, when found, must be presented by the foreman, in presence of the grand jury, to the court, and must be filed with the clerk. 933. If the facts stated in the presentment constitute a public offense, triable in the county, the court must direct the clerk to issue a bench-warrant for the arrest of the defendant. 934. The clerk, on the application of the judge or district attorney, may accordingly, at any time after the order, whether the court be sitting or not, issue a benchwarrant, under his signature and the seal of the court, into one or more counties. 935. The bench-warrant, upon presentment, must be substantially in the following form: County of The People of the State of California to any sheriff, constable, marshal, or policeman in this State: A presentment having been made on the day of eight een to the Superior Court of the County of charging C. D. with the crime of —, (designating it generally) you are therefore commanded forthwith to arrest the above named C. D., and to take him before E. F., a magistrate of this county; or, in case of his absence or inability to act, before the nearest and most accessible magistrate in this county. Given under my hand, with the seal of said court affixed, this day of , A. D. eighteen A bench-warrant is sufficient, if it describes the offense generally -9 Ga. 75. 936. The bench-warrant may be served in any county, and the officer serving it must proceed thereon as upon a warrant of arrest on an information, except that when served in another county, it need not be indorsed by a magistrate of that county. See 54 Cal. 103. 937. The magistrate, when the defendant is brought before him, must proceed upon the charges contained in the presentment, in the same manner as upon a warrant of arrest on an information. TITLE V. Of the Indictment. CHAP. I. FINDING AND PRESENTMENT OF THE INDICT MENT, $$ 940-5. II. RULES OF PLEADING AND FORM OF THE IN DICTMENT, §§ 948-72. CHAPTER I. FINDING AND PRESENTMENT OF THE INDICTMENT. § 940. Indictment must be found by twelve jurors, indorsed, etc. If not found, deposition, etc., must be returned to court, etc. Effect of dismissal. § 941. § 942. § 943. Names of witnesses inserted at foot of indictment. § 944. Indictment, how presented and filed. § 945. Proceedings when defendant is not in custody. 940. An indictment cannot be found without the concurrence of at least twelve grand jurors. When so found it must be indorsed, "A true bill," and the indorsement must be signed by the foreman of the grand jury. Concurrence.-This section shows how an indictment is found-54 Cal. 38. All the grand jurors need not be present at the finding of the indictment, provided twelve were present and concurring-6 Cal. 215; 8 id. 440; 18 Iowa, 475; 35 id. 316; 2 Cush. 149; 1 Blackf. 317; 8 Leigh, 722; Cro. Eliz. 654; 2 Burr. 1008; 3 Greene, 513; disapproved, see 56 Ga. 601; 1 Utah, 319; 98 U. S. 145. An indictment found by twelve is valid, although the grand jury, owing to death or absence, may consist of less than nineteen at the time--54 Cal. 65; id. 37; 46 id. 148; see 8 id. 440; 6 id. 215. If less than twelve concur, the defect is fatal-8 Cal. 435; 36 Me. 128; 8 Leigh, 722; 2 Ired. 153; 12 Smedes & M. 68; Cro. Eliz. 654. An indictment for murder may be found by thirteen members of a jury of sixteen persons, three having been excused by the court-20 Čal. 146, approving 8 Cal. 435. At common law, any number from twelve to twenty-three is a legal grand jury-36 Me. 128; 2 Ind. 153; 3 Humph. 513; see 14 La. An. 827; 2 Cush. 149; 1 Blackf. 317. In Missouri, twelve are sufficient-66 Mo. 631; but an indictment found by a grand jury of twenty-four is void-5 Cal. 69; 6 Ad. & E. 236. Where nine out of twenty-three were rejected, it is a legally constituted grand jury-8 Cal. 440. If the finding be by less than twelve, the indictment may be quashed by motion before plea-6 Abb. N. C. 33. See Code Civ. Proc. §§ 192, 242. Indorsement.-The usual practice is to indorse it "a true bill" signed by the foreman-2 Greene, 270; 8 Humph. 118; 4 Ill. 83; 10 La. 198; 1 Meigs, 109; 8 Mo. 247; 50 Pa. St. 9; 12 Vt. 300; though the indorsement "a bill" has been held sufficient-9 Pa. St. 354; 14 Mo. 94; see 29 Gratt. 294; and in some, its total omission, where the signature of the foreman is given, is held sufficient-13 N. H. 488; 11 Cush. 473; 21 Gratt.846; 29 id. 824; 6 Iowa, 511; 17 Minn. 76; 2 Hawks, 429; 75 N. Y. 159. Signature.-Where the caption and body of the indictment designates the county where it was found, the name of the county need not be added to the signature of the district attorney-47 Cal. 100. See 14 Cal. 571. Going to trial waives the defect of want of signature-48 Cal. 549. See post, § 995. 941. If twelve grand jurors do not concur in finding an indictment against a defendant who had been held to |