, 1854-05-13

Sec. 33. If it appears that a baiable
offence has been committed, the magistrate
shall order the defendant to enter into re-
cognizance, with sufficient surcties for his
appearance, at the next term Of the district
court, and if he shall not do SO, or the
offence be not bailable, he shall commit him
to jail. =,
Sec. "a. No justice of the peace shall
take a rccognizance from any defendant
CHARGED with murder in the second degree,
manslaughtcr, kidnapping, arson, rape, or
burglary, robbery, or grand larceny, unless
the surctes therein shall be approved by
NJ other Justice of the peace or the pro
bate Judge of the county; and if the de-
fendant be in custody for not entering into
recognzance of bail, any judge of probate
in the county, or any judge of the district
court, may allow him to enter into recog-
nizance in the amount required, or in any
amount they may think fit, with sufficient
suretieS.
Sec. 35. Any magistrate to whom COM
plant is made, or before whom any defend
ant is brought, may associate with himself
one or more magistrates Of the same coun-
tv, md they may together execute the pow
ers[and duties before mentioned; but no fees
shaN be taxed for such associates.
Sec sc. Where the person arrested is
held to bail, or committed to Jail, or foEeits
his recognizance, the magistrate shall Ncog-
nize the witnesses for the prosecution to be
and appear at the next term of the district
court having cognizance Of the offence
charged in the complaint.
See. 81. If the magistrate shall be sat
isfed that there is good cause to believe
that any such witness will not perform the
condition of his recognizance, unless other
security be given, such magistrate may or
der the witness to enterinto rccognlzance,
with such sureties as may be deemed neccS-
sary for his appearance at court.
/ Sec. 3S. When any married woman or
minor is a material witness, any other per-
son may be allowed to recognize for the APP
pearance OF such witness, or the magistrate
may, in his discretion, take the recognlzance
of such married woman or minor in sum
not exceeding fifty dollars, which shall be
valid and binding in law, Notwithstanding
the disabilaty of coverture or minority.
/ Sec. So All witnesses required TO re-
| cognize, either with or without sureties
shall, if they refuse, be committed to the
county Jail by the magistrate, there TO re-
main until they comply with such order, or
be otherwise discharged according to law
See. 40 The testimony of the witnesses
examined shall be reduced TO writing by
the magistrate, or under his direction, when
he shall think it necessary, and shall be
signed by the Witnesses.
Sec. Al. All examinations and recog-
nizances taken by any magistrate, in pursu.
ance of the provisions Of this law, shall be
certified and returned by him to the prose-
cutting attorney, or the clerk of the district
court, on or before the first day Of the next
term thereof, and if such magistrate shall
neglect or refuse to return the same, he
may be compelled forthwith by rule Of
court, and in case of disobedience may be
proceeded against by attachment, as for
contempt.
Sec. ~. When any person shall be
committed to prison, or shall be under ex-
animation or recogniZance to answer any
charge for misdemeanor, for which the
party injured may have a remedy by civil
acton, except where the offence was commit
ted upon sheriff or other officer, justice,
or violently, or Nith,intent to commit Il felo-
ony, if the party injured shall appear before
/ the magistrate who made the commitment
or took the recOgnzance, or is conducting
the examination, and acknowledge in wri-
/ ting that he has received satisfaction for
the injury, the magistrate may in his dis
cretion, on payment Of all costs which may
have accrued discharge the recognizance, or
supercede the commitment by an order un-
der his hand, aud may also discharge all re-
cognizances and supercede the commitment
Of all witnesses in the case.
| Sec. 43. When any person under recog-
nizance in any criminal prosecution, either
10 appear and answer before justice to
testify in any court, shall fail to perform
the condition of any such recognizance, his
default shall be recorded; (and it shall be
the duty Of the prosecuting attorney to pro-
ceed at once by action against the person
bound by recognizance, or such of them as
he may elect)
Sec. Al. In all cases where any magis-
trate shall order defendant to recognize
for his appearance before a justice of the
peace, or the district court, he shall forward
with the papers in the case, an abstract Of
the costs that have accrued in the case, and
such costs shall be subject to the inal de-
termination Of the case.
OF THE GRAND JURY.
Sec 49, Challenges to the panel shall
be allowed to any person in custody, or
held to bail to answer to an offence, when
the clerk has not drawn from the jury box
the requisite number Of ballots to consti-
.tute grand jury, or when the drawing was
not done in the presence Of the proper Off
GERS; and such challenges shall be in writing