, 1854-05-13

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may require the appellant to enter into Il
new rccognizance, with sufficient suretics in
such sum and for such time as the court may
think proper, and may also make such or
der in relation to the costs Of prosecution
rs may be deemed just and reasonable.
Sec 81. If any party appearing shall fail
to prosecute his appeal, his recognizancc
shall remain in full force and effect, as to
any breach Of the condition, without an
affirmation of the Judgment or order of the
magistrate, and shalbalso stand as secu-
rity for any costs which shall be ordered, by
the court appealed to, to be paid by the
appellant
Sec %. Any person committed for not
finding sureiieS or refusing to recognize as
required by the magistrate; may be dis
charged by any judge or justice of the
peace on giving such security as was re-
quired.
Sec. 90 Every rccognizance taken pur-
suant to the foregoing provisions, shall be
transmitted by the magistrate TO the district
court for the county, on or before the first
day of the next term, and shall be there
filed of record by the clerk.
Sec "a. Every person who shall, in tie
presence Of any magistrate mentioned III
the first section of this chapter, or before
any Judge of court Of record, make an af-
fray or threaten to kill or beat another, or
to commit any violence or outrage against
his person or property, and every person
who in the presence of such judge or magis-
trate shall contend with hot and angry
words to the disturbance Of the peace, may
be ordered, without process or any other
proof to recognize, for keeping the peace
or being of good behavior for term not
exceeding three months, and in case of re-
iusal may be committed as before directed.
See. 25 Whenever upon suit brought
on any such recognizance, the penalty there
of shall be adjudged forfeited, the court
may remit such portion of the penalty on
be petition of any defendant as tue circum-
stances of the case shall render just and
reasonable.
Sec. 26. Any surety in a recognizance to
keep the peace or for good behavior, or
both, shall have the same authority and
right totake and surrender his principal as
if he had been bail for him in a civil cause,
and upon such surrender shall be discharged
and exempt from all liability, for any act Of
the principal subsequent to such surrender
which would be breach of the condition Of
the recogniZance, and the person SO sur
rendered may recognize anew, with SGHi-
cient sureties before any justice of the
peace for the residue Of the term, and there
upon shall be discharged.
EXAMINATION OF OFFENDERS, COMMITMENT
FOR TRIAL, AND TAKING BAIL.
Sec. 81. Upon complaint being madep to
any justice of the peace, or probate Judge,
or Judge Of the district court, in open
court, or in vacation, that a criminal offence
has been committed, he shall examine on
oath the complainant, and any witness pro-
vided by him, and shall reduce the COM
plant TO writing, and shall cause the same
to be subscribed by the complainant, and if
it shall appear that any offence has been
committed of which the district court has
exclusive jurisdiction, the magistrate shall
issue warrant reciting the substance Of the
accusation, and requiring the officer to
whom it shall be directed, forthwith to take
the person accused and bring him before
the person issuing the warrant, unless he
shall be absent or unable to attend thereto,
then before some other magistrate Of the
county, to be dealt with according to law
and in the same warrant may require the
officer 10 summon such witnesses as shall be
therein named, TO appear and give evidence
on the examination.
Sec. 2S. If any person against whom a
warrant may be issued for an alleged offence
committed in any county, shall either before
or after the issuing of such warrant, escape
from or be out of the county, the sheriff or
other officer to whom such warrant NAV be
directed, may pursue and apprehend the
party charged, in any county in this Terri
tory, and for that purpose may command
aid, and exercise the same authority as iu
his own county.
Sec. 20. The magistrate before whom
such accused person. shall be brought, when
the offence is bailable, may at the REQUEST
Of such person, with or without examina-
ton, allow him TO enter into recognizance
with sufficient sureties, to be approved by
the magistrate, conditioned for his appear
ance at the next term of the district court
having Gognizqnce of the offence.
Sec. 30. If the defendant shall not en-
ter into recognizance with sureties, the
magistrate shall proceed to hear and exam
inc the complaint, and may adjourn the ex-
animation from time to time, not exceeding
in ell ten days from the time such defend
ant shall have been brought before him,
and in case ofsuch adjournment, the magis-
trate may, if the offence be bailable, take
a recognizance with sufficient sureties for
the appearance of the defendant at such
further examination; and if he fail to enter
in o such recOgnizance, he shall be ordered
into custody nntil the time appointed for
such examination