Recognizance.

Proviso.

Proviso.

Failure to

appear.

Plea of "guilty."

Not guilty."

Witnesses kept

separate.

in whose custody any person shall be detained as above, to provide for the sustenance of such prisoner while in custody. SEC. 31. When it shall become necessary to adjourn any trial according to the provisions of the preceding section, the person accused may enter into a recognizance before the justice with good and sufficient security, to be approved by the justice in such amount as he shall deem reasonable, conditioned for the appearance of such person before said justice, at a place and day and hour in said recognizance specified; Provided, That such adjournment shall not be for a longer time than twenty days without the consent of the accused; and, Provided, That no person shall be let to bail, who is charged with an offense not bailable under the laws of this territory.

SEC. 32. If any person recognized agreeably to the preceding section shall fail to appear at the time appointed, or shall otherwise fail to comply with the conditions of the recognizance, the justice shall declare the same forfeited, and transmit a transcript of his proceedings in the case, together with the recognizance to the clerk of the proper court; and such proceedings shall be had thereon by said court as shall be deemed expedient, and as if the recognizance had been taken in said court.

SEC. 33. When any person accused of a misdemeanor shall he be brought before a justice, on the complaint of a party injured, and shall plead guilty to the charge, the justice may, at his discretion, sentence the person to such punishment as he may deem proper, within the limits of the provision defining the offense, and order the payment of costs, or require him to enter into a recognizance to appear at the proper court as provided in this title. It the complaint be not by the party injured, the defendant shall be recognized so to appear.

Snc. 34. When the accused is brought before the justice and there is no plea of guilty, he shall as soon as may be, in the presence of the accused, inquire into the complaint. SEC. 35. The justice. if requested, or if he see good cause therefor, shall order that the witnesses on both sides

shall be examined, each one separate from all the others, and that the witnesses for, may be kept separate from the witnesses against the accused during the examination.

SEC. 36. If, upon the whole examination, it appears No offense. that there has been no offense committed, or that there is not probable cause for holding the prisoner to answer the offense, he shall be discharged.

SEC. 37. If it shall appear that an offense has been committed, and there is probable cause to believe the prisoner guilty, the justice shall bind by recognizance such witnesses. against the prisoner, as he shall deem necessary, and such witnesses on part of the defense as the defendant may request, to appear and testify before the court having cognizance of the offense, on the first day of the next term thereof, and not to depart from such court without leave. If the court is in session, they shall be recognized to appear forthwith, but no recognizance requiring such witnesses to appear at the next term shall be invalid from the fact that no court is in session.

Witnesses

recognised.

SEC. 38. When the justice is satisfied that there is sureties. reason to believe that any such witness will not perform the condition of his own recognizance, he may, when the offense charged is a felony, order him to recognize with sufficient sureties.

and miners.

SEC. 39. Any person may recognize for a married Married women woman or minor to appear as a witness, or the justice may take the recognizance of either in a sum not exceeding one hundred dollars, which shall be valid notwithstanding the disability of coverture or minority.

SEC. 40. If any witness so required to enter into a recognizance, refuse to comply with such order, the justice shall commit him or her to jail until he or she comply with such order, or be otherwise discharged according to law.

SEC. 41. It shall be the duty of every justice in criminal proceedings to keep a docket thereof, as in civil cases. All recognizances taken under this title, together with a transcript of the proceedings where the defendant is held to answer, shall be certified and returned forthwith to the

Refural to com

ply.

Docket.

Terms of recognizance.

Court in 808

sion.

Offense of higher grade.

Not bailable.

Transcript cntered by clerk.

clerk of the court at which the prisoner is to appear. The transcript shall contain an accurate bill of the costs that have accrued, and the items composing the same.

TITLE V.

Bail.

SEC. 42. If the offense for which the prisoner is held to answer be bailable, and the prisoner offer sufficient bail, a recognizance shall be taken for his appearance to answer the charge before the court in which the same is cognizable, on the first day of the next term thereof, and not to depart such court without leave, and thereupon he shall be discharged.

SEC. 43. If the court to which the accused is recognized to appear is in session, the condition of the recognizance shall be that he shall appear at such court forthwith, and not depart therefrom without leave; but no recognizance requiring the accused to appear at the next term shall be rendered invalid by the fact that the court is in session.

SEC. 44. If, on the examination, it shall appear to the justice that the accused has committed an offense of a higher grade than that charged, he may be held to answer therefor.

SEC. 45. If the offense be not bailable, or sufficient bail be not offered, the prisoner shall be committed to the jail of the county in which the same is to be tried, there to remain until he be discharged by due course of law.

SEC. 46. When a transcript or recognizance shall be returned to the clerk, it shall be his duty to enter the cause upon the docket of the court, together with the date of the filing of the transcript and recognizance, the date and amount of the recognizance, the names of the sureties and the costs; whereupon the same shall be considered as of record in such court, and proceeded on by process issuing out of said court, in the same manner as if such recognizance had been entered into before such court, and the recognizance shall be recorded in full in the journal of said court, in the same manner as recognizances taken in said

court.

SEC. 47. When any person, charged with the commission of any bailable offense, shall be confined in jail, whether committed by warrant under the hand and seal of any judge or justice, or by the sheriff or coroner, under any warrant upon indictment found, it shall be lawful for any judge of the supreme court within his district, or probate judge within his county, to admit such person to bail, by recognizing such person in such sum and with such sureties as to such judge shall seem proper, conditioned for his appearance before the proper court, to answer the offense wherewith he may be charged; and for taking such bail the judge may, by his special warrant, under his hand and seal, require the sheriff or jailor to bring such accused before him at the court house of the proper county, or some other place named by him, at such time as in such warrant, the judge may direct.

Who may admit to bail,

deposited with

SEC. 48. In all cases, when a judge or examining Recognisance court shall recognize a prisoner under the provisions of the clerk. four preceding sections, he shall forthwith deposit with the clerk of the proper court the recognizance so taken, and also a warrant directed to the jailor, requiring him to discharge the prisoner.

take recogni

zance.

SEC. 49. When any sheriff or other officer shall be chargd sheriff may with the execution of a warrant issued on any indictment for a misdemeanor, he shall, during the vacation of the court from which the writ issued, have authority to take the recog nizance of the person so indicted, together with sufficient sureties, resident and property holders in the county from which such writ was issued, in a sum of not less than fifty nor more than five hundred dollars, conditioned for the appearance of such person on the first day of the next term of such court.

SEC. 50. The sheriff or other officer shall return the said writ according to the command thereof, with the name of the surety or sureties, together with the recognizance taken as aforesaid, and the recognizance so taken and returned shall be filed and recorded by the clerk of the court to which the same was returned, and may be proceeded

Sheriff to return writ, &c.

Indicted for

felony.

Clerk to indorse on indictment

Officer to take recognizance.

Surrender of defendant.

To deliver up defendant in vation.

on in the same way as if such recognizance had been taken in said court during term time.

SEC. 51. When any person shall have been indicted for a felony, and the person so indicted shall not have been arrested or recognized to appear before the court, the court may, at their discretion, make an entry of the cause on their journal, and may order the amount in which the party indicted may be recognized for his appearance by any officer charged with the duty of arresting him.

SEC. 52. The clerk issuing a warrant on such an indictment, shall indorse thereon the sum in which the recognizance of the accused was ordered, as aforesaid, to be taken.

SEC. 53. The officer charged with the execution of the warrant aforesaid, shall take the recognizance of the party accused in the sum ordered as aforesaid, together with good and sufficient sureties conditioned for the appearance of the accused at the return of the writ, before the court out of which the same issued, and such officer shall return such recognizance to said court to be recorded and proceeded on, as provided in this article.

SEC. 54. When any person who is surety in a recognizance for the appearance of any defendant before any court in this territory desires to surrender the defendant, he shall, by delivering the said defendant in open court, be discharged from any further responsibility on said recognizance; and the said defendant shall be committed by the court to the jail of the county, unless he shall give a new recognizance, with good and sufficient sureties, in such amount as the court may determine, conditioned as the original recognizance.

the

SEC. 55. When the surety desires to deliver up defendant in vacation, the surrender shall be made of such defendant to any judge of the court before which he shall have been recognized to appear, or to the sheriff, or to the probate judge of the proper county, and shall be made in the court house of such county; and, upon such surrender being made, it shall be lawful for the judge to make out,