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sum and for such time as the court thinks proper, and may also make such order in relation to the costs of prosecution as he deems just and reasonable.

§ 13. Effect of failure to prosecute appeal. If any party appealing fails to prosecute his appeal, his recognizance 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 shall also stand as a security for any costs which shall be ordered by the court appealed to, to be paid by the appellant.

$14. Accused discharged on giving required security. Any person committed for not finding sureties, or refusing to recognize as required by the court or magistrate, may be discharged by any judge or justice of the peace, on giving such security as was required.

§ 13. Recognizances to be transmitted to district court. Every recognizance taken in pursuance of the foregoing provision 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 or recorded by the clerk.

§ 16. When recognizance may be required without process. Any person who shall, in the presence of any magistrate mentioned in the first section of this chapter, or before any court of record, make an affray, 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 court or magistrate, 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, and being of good behavior, for a term not exceeding six months, and, in case of a refusal, may be committed as before directed.

§ 17. Carrying dangerous weapons-penalty. Whoever goes armed with a dirk, dagger, sword, pistol or pistols, or other offensive and dangerous weapons, without reasonable cause to fear an assault or other injury or violence to his person, or to his family or property, may, on complaint of any other person having reasonable cause to fear an injury or breach of the peace, be required to find sureties for keeping the peace, for a term not exceeding six months, with the right of appealing as before provided.

§ 18. Judgment on recognizance, remitted, when. Whenever, upon an action brought on any such recognizances, the penalty thereof is adjudged forfeited, the court may remit such portion of the penalty, on the petition of any defendant, as the circumstances of the case render just and reasonable.

§ 19. Surety may surrender principal-new recognizance may be given. Any surety in a recognizance to keep the peace, or for good behavior, or both, has authority and right to take and surrender his principal, and, upon such surrender, shall be discharged and exempted from all liability for any act of the principal, subsequent to such surrender, which would be a breach of the condition of the recognizance; and the person so surrendered may recognize anew, with sufficient sureties, before any justice of the peace, for the residue of the term, and thereupon shall be discharged.

SECTION.

CHAPTER CV.

ARRESTS.

SECTION.

1-6. Arrest defined-by whom made-who must 15.
aid officer having warrant-arrest may be
made, when-in what manner-unneces-
sary restraint forbidden.

7-10. Officer must disclose authority-may use all
necessary means to arrest-may break door
or window to make arrest or to liberate
himself or another.

ARREST BY OFFICER WITHOUT WARRANT. 11-14. Such arrest may be made when-officer

16.

17-20.

May take before magistrate a person arrested
by bystander, etc.
Offence committed before magistrate-arrest
and proceedings.

ARREST BY A PRIVATE PERSON.

When such person may arrest-must disclose cause of arrest-may break door, etc., when-shall take person arrested before magistrate.

may break door or window, when-may 21, 22. Arrested person, escaping, may be retaken
arrest at night, when-must disclose his
-pursuer may break door, etc., when.
authority, etc.

§ 1. Arrest defined. Arrest is the taking of a person into custody, that he may be held to answer for a public offence.

§ 2. By whom made. An arrest may be either:

First. By a peace-officer, under a warrant;
Second. By a peace officer without a warrant;
Third. By a private person.

§ 3. Who must aid officer. Every person must aid an officer in the execution of a warrant, if the officer requires his aid, and is present and acting in its execution.

§ 4. Wh arrest may be made. If the offence charged is a felony, the arrest may be made on any day, and at any time of the day or night; if it is a misdemeanor, the arrest cannot be made on Sunday or at night, unless upon the direction of the magistrate indorsed upon the warrant.

§ 5. Arrest, how made. An arrest is made by an actual restraint of the person of the defendant, or by his submission to the custody of the officer.

§ 6. Unnecessary restraint forbidden. The defendant shall not be subjected to any more restraint than is necessary for his arrest and detention.

§ 7. Officer shall disclose his authority. The officer shall inform the defendant that he acts under the authority of the warrant, and show the warrant if required.

§ 8. May use necessary means to effect arrest. If, after notice of intention to arrest the defendant, he either flees or forcibly resists, the officer may use all necessary means to effect the arrest.

§ 9. May break door or window, when. The officer may break open an inner or outer door or window of a dwelling-house, to execute the warrant, if, after notice of his authority and purpose, he is refused admittance.

§ 10. May break door or window to liberate himself or another. An officer may break open an inner or outer door or window of a dwelling-house, when necessary for his own liberation, or for the purpose of liberating a person who, having entered to make an arrest, is detained therein.

ARREST BY AN OFFICER WITHOUT A WARRANT.

§ 11. When arrest may be made without warrant. A peace-officer may, without a warrant, arrest a person:

First. For a public offence committed or attempted in his presence;

Second. When a person arrested has committed a felony, although not in his presence;

Third. When a felony has in fact been committed, and he has reasonable cause for believing the person arrested to have committed it;

Fourth. On a charge made, upon reasonable cause, of the commission of a felony by the party arrested.

§ 12. Officer without warrant may break door or window, when. To make an arrest as provided in the last section, the officer may break open an outer or inner door or window of a dwelling-house, if, after notice of his office and purpose, he is refused admittance.

§ 13. May arrest at night, when. He may also at night, without a warrant, arrest any person whom he has reasonable cause for believing to have committed a felony, and is justified in making the arrest, though it afterwards appears that a felony has not been committed.

§ 14. Shall disclose authority and cause of arrest-exception. When arresting a person without a warrant, the officer shall inform him of his authority, and the cause of the arrest, except when he is in the actual commission of a public offence. or is pursued immediately after an escape.

§ 15. May take person arrested by bystander before magistrate. He may take before a magistrate a person who, being engaged in a breach of the peace, is arrested by a bystander, and delivered to him.

§ 16. Magistrate may command any person to arrest-when. When a public offence is committed in the presence of a magistrate. he may, by a verbal or written order, command any person to arrest the offender, and may thereupon proceed as if the offender had been brought before him on a warrant of arrest.

ARREST BY A PRIVATE PERSON.

$17. Private person may arrest, when. A private person may arrest another: First. For a public offence committed or attempted in his presence;

Second. When a person arrested has committed a felony, although not in his presence:

Third. When a felony has in fact been committed, and he has reasonable cause for believing the person arrested to have committed it.

§ 18. Shall disclose cause of arrest. He shall, before making the arrest, inform the person to be arrested of the cause thereof, and require him to submit, except when he is in the actual commission of the offence, or when he is arrested on pursuit immediately after its commission.

§ 19. May break door or window, when. If the person to be arrested had committed a felony, and a private person, after notice of his intention to make the arrest, is refused admittance, he may break open an outer or inner door or window of a dwelling-house, for the purpose of making the same.

§ 20. Shall take party arrested to magistrate or officer. A private person who has arrested another for the commission of a public offence, shall, without unnecessary delay, take him before a magistrate, or deliver him to a peace-officer.

§ 21. Person under arrest, escaping, may be retaken. If a person arrested escapes or is rescued, the person from whose custody he has escaped, or was rescued, may immediately pursue and retake him, at any time and in any place in the state.

§ 22. Pursuer may break door or window, when. To retake the person escaping or rescued, the person pursuing may, after notice of his intention, and refusal of admittance, break open an outer or inner door or window of a dwelling-house.

CHAPTER CVI.

EXAMINATION OF OFFENDERS, COMMITMENT FOR TRIAL, AND TAKING BAIL.

SECTION.
1-3. Who may issue process--proceedings on com-
plaint made-warrant to issue, when-may
be executed in any county.

4-7. Person arrested may give bail, when-duty

SECTION.

ties, when recognizance for married woman or minor-commitment of witness refusing to recognize — compensation of witness during confinement.

of magistrate-proceedings when magis- 24, 25. Magistrate may call in others to assist him trate refuses bail, etc.-in cases of felony.

8-11. Person arrested to be taken before magistrate issuing warrant-adjournment of examination, etc.-bail for appearance at adjourned day - proceedings on default -commitment during adjournment.

26-28.

to return examination to district courtpenalty for failure.

Proceedings on default of person under recognizance- process to issue-payment by surety-remission of penalty of forfeited recognizance.

defects, etc.-award of forfeiture to person entitled.

12-16. Examination, how conducted-rights of ac- 29, 30. Action ou recognizance not barred by cused-witnesses may be excluded or kept separate-testimony to be written downprisoner to be discharged, when.

17, 18. What offences not bailable at all-what not bailable by justice of peace-bail to be accepted, if sufficient, in bailable casescommitment for want of bail.

31.

32.

19-23. Witnesses for state to recognize-with sure- 33.

Proceedings on default of defendant bailed
after trial.

Proceedings on application for bail to judge of
supreme or district court-notice to county
attorney.
Justification of bail.

§ 1. Process to apprehend offenders to issue at any time. For the apprehension of persons charged with offences, the judges of the several courts of record, in vacation as well as in term-time, and all justices of the peace, are authorized to issue process to carry into effect the provisions of this chapter.

10 M. 22 (39).

§ 2. Proceedings on complaint made-warrant. Upon complaint being made to any such magistrate that a criminal offence has been committed, he shall examine on oath the complainant, and any witness provided by him, and shall reduce the complaint to writing, and shall cause the same to be subscribed by the complainant; and if it appears that any such offence has been committed, the court or justice shall issue a warrant, reciting the substance of the accusation, and requiring the officer to whom it is directed forthwith to take the person accused, and bring him before the said court or justice, or before some other court or magistrate of the county, to be dealt with according to law; and, in the same warrant, may require the officer to summon such witnesses as are therein named, to appear and give evidence on the examination.

§3. Warrant executed in any county, when. If any person against whom a warrant is issued for an alleged offence committed in any county, either before or after the issuing of such warrant, escapes from or is out of the county, the sheriff or other officer to whom such warrant is directed may pursue and apprehend the party charged, in any county in this state, and for that purpose may command aid, and exercise the same authority, as in his own county.

§ 4. Offender may give recognizance, when. In all cases where the offence charged in the warrant is not punishable by death or imprisonment in the state prison, if the person arrested requests that he may be brought before a magistrate of the county in which the arrest was made, for the purpose of entering into a recognizance without a trial or examination, the officer making the arrest shall carry him before a magistrate of that county, who may take from the person arrested a recognizance, with sufficient sureties, for his appearance at the court having cognizance of the offence, and next holden in the county where it is alleged to have been committed; and the party arrested shall thereupon be liberated.

§ 5. Duty of magistrate taking bail. The magistrate who so lets the person arrested to bail shall certify that fact upon the warrant, and deliver the same, with the recognizances by him taken, to the person who made the arrest, who shall eause the same to be delivered without unnecessary delay to the clerk of the court before which the accused was recognized to appear; and, on application of the complainant, the magistrate who issued the warrant, or the district attorney, shall cause such witnesses to be summoned to the same court as he thinks necessary.

§ 6. Proceedings when magistrate refuses bail. If the magistrate in the county where the arrest was made refuses to bail the person so arrested and brought before him, or if no sufficient bail is offered, the person having him in charge shall take him before the magistrate who issued the warrant, or, in his absence, before some other magistrate of the county in which the warrant was issued, to be proceeded with as hereinafter directed.

§ 7. Officer, how to proceed in case of felony. When the offence charged in any warrant is punishable with death, or by imprisonment in the state prison, the officer making the arrest in some other county shall convey the prisoner to the county where the warrant issued, and he shall be proceeded with in the manner directed in the following section.

§ 8. Party arrested, before whom taken. Every person arrested, by warrant, for any offence where no other provision is made for his examination thereon, shall be brought before the magistrate who issued the warrant, or, if he is absent or unable to attend, before some other magistrate of the same county; and the warrant, with the proper return thereon, signed by the person who made the arrest, shall be delivered to the magistrate.

§ 9. Examination may be adjourned-accused may give recognizance. Any magistrate may adjourn an examination or trial pending before himself, from time to time as occasion requires, not exceeding ten days at one time, without the consent of the defendant or person charged, and at the same or a different place in the county, as he thinks proper; and in such case, if the party is charged with an offence not bailable, he shall be committed in the meantime; otherwise he may be recognized, in a sum and with sureties to the satisfaction of the magistrates, for his appearance for such further examination; and for want of such recognizance, he shall be committed to prison.

7 M. 316 (398); 10 M. 22 (39).

§ 10. Proceedings on failure of accused to appear. If the person so recognized does not appear before the magistrate at the time appointed for such further examination, according to the conditions of such recognizance, the magistrate shall record the default, and certify the recognizance, with the record of such default, to the district court; and like proceedings shall be had thereon as upon the breach of the condition of a recognizance for appearance before that court. § 11. Accused, failing to recognize, shall be committed. When such person fails to recog nize, he shall be committed to prison by an order under the hand of the magistrate, stating concisely that he is committed for further examination on a future day, to be named in the order; and on the day appointed he may be brought before the magistrate, by his verbal order to the same officer by whom he was committed, or by an order in writing to a different person.

§ 12. Examination, how conducted. The magistrate before whom any person is brought upon a charge of having committed an offence, shall, as soon as may be, examine the complainant and the witnesses to support the prosecution, on oath, in the presence of the party charged, in relation to any matter connected with such charge which may be deemed pertinent.

§ 13. Same-rights of accused. After the testimony to support the prosecution is finished, the witnesses for the prisoner, if he has any, shall be sworn and examined, and he may be assisted by counsel in such examination, and also in the crossexamination of the witnesses in support of the prosecution.

§ 14. Witnesses may be kept separate during examination. The magistrate, while exam

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