, 1854-05-20

TO issue a warrant for his arrcs', which may
be served in any county in this Territory
as warrant of arrest in other cases.
Sec. l39. When the defendant appears
for judgment he mnst be informed by this
court Of the verdict Of the jury, and asked
whether Ire have any legal cause TO show
why judgment should rot he pronounced
against him.
Sec. l40 If the defendant have beer
discharged on bail or have deposited mon
ey instead thereof, and do not appear fOl
judgment when his personal appearance is
necessary, The court, in addition to the for
feiture Of the rccognizance or Of the mon
cydrpositcd, may direct the clerk TO iysut
a bench warrant for his arrest.
Sec. l4l. When the defendant is ad
judged to pay any fine and costs, the court
shall order him to be committed to the Gus
tody of the sheriff until the fine and cos's
are paid or secured, as is provided by law.
See. l42. Upon Judgment for fine ar
costs, ard for all adjudgcd costs, execution
shall be issued against the properly of the
defendant and returned in the same manner
as in civil actions.
Sec. l43. Every court before whom any
person shall be convicted upon an indict-
Incnt for any offence not punishable with
death or by imprisonment in the penten.
tiory, may, in addition to the punishment
prescribed by law, require snch person to
recognize with sufficient surttic in reason.
able sum, to keep the peace, or to be OF
good behavior, or both for any term not
exceeding one year, and to stand committed
until he shall so recognize.
Sec. l44. In case Of the breach of the
conditions of any such rccognizance, the
same proceedings shall hc had that are 10y
law prescribed in relation to rccognizances
to keep the peace.
Sec. l45. Every defendant against whom
a judgment has been rendered for fine and
costs, may stay the execution for the fine
assessed, and costs, for sixty days from the
rendition of the Judgment, by procuring one
or more sufficient sureticS to enter into o
reCognizance in open conrt, acknowledging
themselves TO he bail for the fine and costs
See. l46. Such suretics shall he ap-
proved by the clerk, aud the entry Of the
recognizanee, shall be written Immediately
following the judgment, and signed by the
bail, and shlll have the same. effect as a
judgment, and if the fine or costs be not
paid at the expiration of the sixty days, q
joint execution shall issue against the de-
fcndant and the bail, and an execution
against the body Of the defendant, who
shall be committed TO jail, to be released as
provided in this act in committal for default
to pay or secure the fne and costs
Sec. l47 If any person ordered into
custody until the fine and costs adjudged
against him, shall not before the final ad-
journment of the court, pay or cause the
payment of the same to be secured, the
clerk Of the court shall issue warrant to
the sheriff, commanding him to imprison
such defendant in the county jail until such
line and costs are paid or secured, or until
he has been imprisoned in such jail one day
for every three dollars of such fine or costs,
but execution may at any time issue against
the property of the defendant as in other
cases.
Sec. l4S! When any person shall be
sentenced to be imprisoned in the peniien-
tiary or county Jail, the clerk of the court
shall, as soon as may be, make GU, and de-
| liver to the sheriff Of the county, or his dep,
uty, transcript from the minutes of the
court of such conviction and sentence, duly
certified by such clerk, which shall be suGIi.
cient authority for such sheriff TO execute
the sentence, and he shall execute it aecor.
dinghy.
Sec. l49. In every case where impris,
onment in the penitentiary is awarded
against any convict, the form Of the sen.
tence shall'be, that he be punished by con.
fnement at hard labor and he may also
be sentenced 10 solitary imprisonment fol-
such term as the court shall direct, not ex
ceeding twenty days at one time and IN
the execution Of such punishment, the soil
tary shall precede the punishment by hare
labor, unless the court shall otherwise or
der.
Sec. $50. If there shall be no peniten
tiary in the Territory, or other prisons, the
court may order the prisoner to be impris
oned into any county Jail, If there be one
or any other place Of confinement within
the Territory, at the expense Of the Terri
tory and il there is no county jaiLor coun
iy prison, the court may order the defend
ant, sentenced to the county Jail, to be con
fined in the penitentiary, il there be one, Of
in any county Jail, or other place of confne
ment in the Territory, at the expense Of th'
county in which the conviction was had.
Sec. ISL When a defendant is com
mitted to jail on failure to pay any fine Of
COSTS if there be no such Jail, he shall, un
der the order of the county commissioners
work out the amount Of such fine and costs
+ at the rate of three dollars for every day.
labor, and if there be a county Jail, he ma!
|, elect so to do and in case he shall so worl
out his fine and cost, no execution shall is
sue therefor. When any defendanti is in th'