Polynesian., 1850-08-24

and must deliver them to the magistrate, TO
be disposed Of according to law.
9. In all cases of arrest for examination,
the person making the same must conduct
the party arrested before the court or mag
istrate empowered to take such exsmina-
ton, within forty-eight hours after his ar
rest, except in cases where longer delay
is absolutely necessary to meet the ends Of
justice.
10. Whenever it is necessary to enter a
house to arrest an offender, and entrance is
refused, the officer or person making the ar
rest, may force an entrance, by breaking
doors or other barriers. Butbe fore break
ing any door, he shall first demand entrance
in loud voice, and state that he is the
bearer Of warrant of arrest or If it is in a
case in which arrest is lawful without war
rant, he must substantially state that in
formation in an audible voice.
CHAPTER LI.-BaH.
/. Bail, or the giving of bail, is the sign
ing of the recognizance by the person and
his surety or sureties, conditioned for the
appearance of the prisoner at the session Of
court Of competent jurisdiction, to be
named in the condition, and to abide the
judgment Of such court.
2. In all cases where the offense charged
is not punishable with death, Imprisonment
for life, or for term Of years, exceeding
ten, the accused shall be bailable, but in no
others.
8. Bail may be taken by district and po-
lice Justices before committing the accused
to prison for trial, but after such commit
ment, no one but some judge Of court Of
record can let prisoner to bail.
| 4. When bail is offered and taken the
prisoner must be discharged from custody OF
Imprisonment.
5. Where the offense is the illegal inflic.
ton of a wound, or any other injury, tha
may terminate in the death Of the person
injured, the magistrate or court cannot dis.
charge the prisoner il il appear that there j:
probability that death will ensue in con
sequence OF such injury. In this case, the
party must be committed Tor further exam
ina,ion, until the consequences Of the injury
can be ascertained.
6. The amount OF bail rests in the dis
cretion of the justice or judge; but shoult
be so determined as not 10 suffer the wealthy
to escape by the payment Of a pecuniary
penalty, nor to render the privilege useless
to the poor. In all cases, the officer lettin!
to bail should consider the punishment to b.
inflicted on conviction, and the pecuniary
circumstance of the party accused.
i Z. Where the punishment of the offenst
is a pecuniary penalty only, the bail mus
be greater than the highest line that can b,
imposed.
S. No person shall be received as suret,
for the appearance of the party accused
who does not own or possess property eli
ther real or personal within this kingdom, Il
double the amount of the bail bond. AM
in case the officer taking the bail shall doub
the suficiency Of such surety, he ma,
compel the surety either by his own oath
or otherwise 10 furnish proof Of his sufficien
cy.
| 9. A single surety will be sufficient, If h
possesses and owns unincumbered real pro
perly within this kingdom to double th'
amount for which he is bound, otherwise
there must be two or more.
| 10. A woman cannot be received as sure
Iy.
i IL. When the person admitted TO bail j
minor or married woman, the engagement
shall, notwithstanding, be valid.
i IL. If owing to mistake or misrepresent
alton, insufficient bail has been taken, or j
the sureties afterwards become insufficient
the accused may be ordered to find suffi
cient sureties by any magistrate, and on hi
4 refusal, he may be committed for trial.
j 49, In all cases where magistrate shal
either commit for trial, or bail the accused
he may cause each of the Witnesses who ha!
been examined and has testified to any ma
terial fact or circumstance in the case to en-
ter into a recognizance, with or withou
surety at his discretion, in sum fixed h.,
the magistrate, conditioned for his appear
ance at the sitting Of the court, at which the
accused is bound or committed TO appear
If witness shall refuse to sign such recog
nizance when required, he may be commit
ted to prison by the order Of the magistrate
and shall be confined until he shall be
| brought before the court to testify or unit
he shall give the recognizance.
IA. Those who may have become bal
for any one, may at any time discharge
themselves, by surrendering him to the Gus
tody Of the marshal or sheriff Of the island
in which the court at which he was bount
to appear shall sit.
Is. The magistrate who shall make any
commitment or let any person to bail, shal
without any unnecessary delay, at the far.
thest within ten days, transmit TO the clerl
or presiding judge Of the court, which ha:
legal cognizance Of the offense charged, al
the complaints, dispositions, bail bonds
bonds for the appearance Of witnesses and
other documents in his possession relative
| TO the accusation.
l6. The names Of all persons who have