, 1854-05-20

Plsadtags IN Prosecutions fer CT1mSs
cOSoLUDED.l
Sec. u The officer must inform the
defendant that he acts nnder authority of
awarAnt, and must also show the warrant
U required.
Sec. Is. If after notice Of the intention
to arrest the defendant, he either fee or
fOrcibly resist, the officer may use all nee
essary means TO effect the arrest
Sec 76. If person arrested escape or
be rescued, the person from whose custody
be made his escape or was rescued, may
immediately pursue and retake him, at any
time and within any place in the Territory.
To retake the person escaping or rescued
the person pursu ng has the same power TO
Command ass stance. as is given in cases Of
arrest.
Sec. II. Reeognizances in criminal pro-
ceedlngs may be taken In open court, and
entered on the order book.
Sec. Is. Any officer authorized to exc
cute a warrant in a criminal action, may
take the recognizanee and Justify aud ap-
prove the bail; he may administer an oath,
and examine the bail as 10 its suficiency.
Sec. 10. Every recoguzance taken by
any peace officer, must be certified by him
forthwith TO the clerk Of the court to which
the defendant is recognized. The clerk
must thereupon record the recognizance in
,he order book, and from the time of fling
It has the same effect as if taken in open
court.
Sec. so. The defendant may, in the place
Of giving bail, deposit with the clerk Of The
court to which he is held to answer, the
sum OF money mentioned in the order, and
np0a delivering to the sheriff the certificate
cfdeposit, he must be discharged from Gus
tOdy. ls =. 81.
Sec. 81. II without sufficient excuse the
defendant neglect to appear for trial, or
trial or Judgment, or upon any other occa-
non when bis presence in court may be law
fully required according to the condition Of
hs reeognizance, the court must direct the
iact to be entered upon its minutes, and
the recognizanee Of bail, or money deposit
Cd as bail, as the case may be, is thereupon
forfeited. 81. .'-r.s J.. :
Sec. 81. As soon as may be after the
hnding Of such indictment for a capital
crime, the party charged shall be served
With copy thereof by the sheriff or his
deputy, at least twenty-four hours before
nal, and shall on demand upon the clerk,
BY himself or counsel, have list Of the
petit jurors returned, delivered to him al
least twenty-four hours before trial, and
shall also have process to summon such wit
nesses as are necessary 10 his defence, al
the expense of the county.
Sec. sS. Every person indicted for al
offence for which he may be imprisoned u
the penitentiary, if he be under recogni
lance or in custody to answer for such of
Renee, he or his attorney shall be furnished
With copy Of the Indictment, and of al
endorsements thereon, without paying any
Tees therefor. 4
Sec. 81. Whenever an indictments founC
against any person for an assault and bat
ery or other misdemcanor, for which the
party Injured may nave a remedy by civi
action, except where the offence was com
mitted by or upon any sheriff or other Off
Ger Of justice, or riotously, or with intent
% commit a felony, if the party injured
snail appear in court where such indictment
= pending, and acknowledge satisfaction
ior the injuries sustained, the court may, OIL
payment Of the costs accrued, order all fur
ueE proceedings to be stayed, and dis
charge the defendant from the indictment
which shall forever bar all renfcdHfor sucl
injury by civil action.
See. S5. The court may in its discretion
onmotion Of the prosecuting attorney, ordel
snolle prosequi to be entered in any case
Set no prosecuting attorney shall, withou
eave Of the court, in any case cause. sucl
entry to hemade.
as -STfF& DOCKET.
Sec Sel The clerk shall, in preparing
.Ae docket Of criminal cases, enumerate th'
Indictments psudinSto be tried at the term