The Indiana State sentinel. [volume] (Indianapolis) 1868-1895, 1889-01-23

entering into a bond payable to the state
of Indiana, with at least two good freehold
sureties resident in the county where the
action is brought, to the approval of the
sheriff in a penalty of 81 900, conditioned
that such defendant will appear on the
first day of the next term of the said court
and continually until said cause is dis
posed of and abide the order OF the court;
and in default of such bail, the sheriff
shall commit HIM to Jail Of the county
where the action is pending. The judge
of the circuit or superior court may dis
charge such defendant on writ of habeas
corpus, if, on the hearing of such writ, no
cause for his Imprisonment appears.
Sec. 4. When the complaint is filed be-
fore Justice of the peace, he shall issue a
warrant to the proper constable, COM
handing him to arrest the defendant and
bring him forthwith before him for ex-
animation.
Sec. 3. Upon the arrest of the de-
PENDANT by the constable, or the return OF
the warrant that he cannot be found, such
justice shall proceed to hear and deter
mine said complaint The rules of evil
dence, both before the justice and in the
circuit and superior court, shall be the
same as in civil cases.
Sec. 6. If the justice, on hearing. adj
judge that there is probable cause for the
prosecution, he shall, if such defendant is
IN custody, require him to enter into
bond in the penal sum of 81 ,000 with at
least two good freehold sureties resident
in the county, payable to the state of In
diana, and conditioned that he will appear
on the first day of the next term OF the
court wherein the prosecution is pending
to answer such complaint, and not depart
without leave until the final disposition
of said prosecution, and abide the judg-
ment and orders of such court; or failing
therein, that he will pay such sums of
money, and to such persons as may be
adjudged by such court; and shall trans
init such bond, together with a certified
transcript Of his proceedings and the
other papers in the cause to the clerk Of
the circuit or the superior court of the
proper county. And If such defendant
shall fail to give such bond, such Justice
shall commit him to Jail until discharged
by law. Such bond or any bond given by
said defendant, on any continuance or ar
rest, may be put in suit for breach there
OF by the relator, in the name of the state
of Indiana, for his benefit, and the meas
ure of recovery on said bond shall be the
amount of any judgment the relator re-
covered in the original prosecution and
all costs therein, or in case the original
prosecution has not yet been tried. then
the amount the relator can show he would
have been entitled to recover and all costs
therein, and all costs in the suit on the
bond.
Sec. z. Any person committed to Jail
for failure to give such bond may be dis
charged from custody by filing, at any
time after such commitment, such bond
with the clerk and with his approval; and
a certificate thereof by the clerk to the
sheriff or jailer shall be sufficient to au-
thorize him to discharge said defendant
| from custody.
Sec. 8. The trial and continuance Of
such prosecution, both before the justice
and the circuit or superior court, shall in
all respects, herein not otherwise pro-
vided, be governed by the law regulating
civil suits, except that in trials before JUS
tees no jury shall be allowed.
Sec. 9. A continuance for cause may be
granted to either party, both in the circuit
or superior court and before the justice,
and upon the justice granting such con-
tinuance to the defendant, a like bond
shall Re required of him as is required in
the sixth section for his appearance before
the Justice, instead of the circuit or su-
perior court on the day to which the cause
is continued, or commit him to Jail for
failure to give such bond; and such de-
fendant may be discharged from custody
in the same manner as in the seventh sec
ton provided.
Sec. 10. If the defendant shallnot have
been arrested, or has escaped after arrest,
such trial shall proceed in his absence;
and if it be adjudged that there is prob
able cause for such prosecution, the JUS
tice shall transmit the papers and tran
script of such judgment and proceedings
Io1o r. ha al 81 h.
or superior court of the proper county,
who shall file and docket the same for
trial; and such cause shall be heard and
determined whether the defendant appear
or not, the same as if he were present.
Where no arrest has been made, notice by
publication in newspaper may be given
the defendant as in other civil cases in the
circuit court.
Sec. IL. The filing such transcript, as
in Sec and 9 provided, and the
filing the complaint with the clerk, as in
sec. 3 in this act provided, shall
operate from the time of such filing as
lien upon the real estate OF such defendant
in the cause, to the extent OF the judgment
which may afterward be rendered against
him in such prosecution; and such judg-
ment shall have the same effect and lien
as if rendered at the time of such filing;
and such lien shall be declared in such
judgment.
Sec u. If the finding of the circuit or
superior court, or the jury trying the
cause, is for the defendant, he shall re-
cover costs against the relator and be
discharged; if the finding is for the
plaintiff, the state shall recover judgment
against the defendant in the sum OF
$500, for the use and benefit of the
relator; a reasonable fee for his attor.
ney in said prosecution and all costs;
and shall require of such defendant, if he
be in custody, to replevy such judgment
by good freehold surety, the length OF
stay to be six months from the date OF
Judgment, or in default thereof shall
commit such defendant TO Jail to remain
until discharged by law.
Sec b. Execution may issue on such
judgments whenever any amount remains
unpaid on the same, and shall be exc
cuted without relief from valuation or
appraisement laws; and no property OF
the defendant shall be exempt from exc
cution and sale on such Judgment.
Sec IA. ANY and all contracts and
agreements made between the buyer and
seller of vote for the purpose Of evading
the provisions of this act shall be abso-
lutely void.
Sec. 10. Sec. l, ., and 5 of an act
entitled Gan act to protect the ballot-boX,
to procure fair elections, to prevent the
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