The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1891-03-13

An act entitled can act % provide for the taking of dispositions of persons i'm.
pisoned for the purpose of securing their testimony in criminal proceedings"
Be it enacted by the Legislative assembly of the state of Montana:
Section l. No person shall be imprisoned against his will for the purpose Of
securing his testimony ina any criminal proceedings longer than may be necessary
in order to take his deposition, and if any person be commtedt to Jail upon process
emanatng from any court or the purpose of so securing his testimony, the
amount of bail required to secure his discharge shall be at the time of commit
mnt Endorsed upon the process, and upon furnishing such bail he shall be entitled
to instant release, and discharge from arrest
llSec. ?. If the person so detained is unable to furnish the amount of bail re.
quired to ecure his discharge, he shall within wentyfours hours after a request
by him preferred to the officer having him in custody under said process be
taken before the nearest magistrate and if he shall then demand that his depoi-
ton be taken, and that he be forthwith discharged, the said magistrate shall forth
with make an order directing the taking of such deposition, designating the
officer or person before whom the I'm shall b re taken, together with the time
and place of the taking of the same, and the nam of the witness, which order
shall be served upon The accused and his counsel if any he then have, and if he
have none, then upon the accused alone, or in the event the accused, having no
counsel be either mt OF bail or cannot be found, then service of said notice may
be made upon the magtatcb by whom the accused vas committed, which latter
service when made in accordance with the provisions of this act shall constitute a
reasonable notice % the said accused, IN which said notice shall require the tax.
ing of deposition at the time not less than two OF more than five days aer the
date thereof.
Section g. AT the time and place namedin the said notice the said personss oim.
prioned shall be produced by the officer in whose custody he may be, and his dep
oshion shall forthwith be taken by the officer named in the said order in the
sam manner and with like return and certificate as is provided by law for
the taking of dispositions sin civil cases, and when so taken, signed and certified to
shall d. sealed lin envelope and returned by the officer taking the same to the
court OF magistrate beforew whom the cease or cases against said accused may then
be pending, and when received by the said cou or magistrate shall by him be
placed with the files and papers in the said criminal caus In which the said wit
ness was so detained and imprisoned, and shall, in all further proceedings by the
said magistrate and court DC treated as a part of the files in said cause.
Section a. Immediately upon the taking and signing of the said deposition, the
from custody and the deposition so taken in the N aforesaid ma he re-
cewed, read and used in evidence upon any trial o further proceedings that Ia
be had against thu accused upon the said charge, n any other charge arising from
the same fas In the event. but only in the event the said witness whose deposi
ton is so taken, shall be dead or absent from the state at the time it becomes
necessary to use the same.
A->.>rAI AJa-l. "a" -OA.&4