Page:1862-63 Territory of Dakota Session Laws.pdf/112

Rh Sec. 20. If the magistrate shall be satisfied 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 order the witness to enter into a recognizance with such sureties as may be deemed necessary for his appearance at court.

Sec. 21. When any married woman or minor is a material witness, any other person may be allowed to recognize for the appearance of such witness, or the magistrate may in his discretion take the recognizance of such married woman or minor in a sum not exceeding fifty dollars, which shall be valid and binding in law, notwithstanding the disability of coverture or minority.

Sec. 22. All witnesses required to recognize either with or without sureties, shall, if they refuse, be committed to prison by the magistrate, there to remain until they comply with such order, or be otherwise discharged according to law.

Sec. 23. Any judge of a court of record on application of any prisoner committed for a bailable offense, may inquire into the case and admit such prisoner to bail; and any person committed for not finding sufficient sureties to recognize for him, may be admitted to bail by either of said judges.

Sec. 24. Any magistrate to whom complaint is made, or before whom any prisoner is brought, may associate with himself one or more magistrates of the same county, and they may together execute the powers and duties before mentioned, but no fees shall be taxed for such associates.

Sec. 25. All examinations and recognizances, taken by any magistrate in pursuance of the provisions of this chapter shall be certified and returned by him to the district attorney or the clerk of the court before which the party charged is bound to appear, on or before the first day of the sitting thereof, and if such magistrate shall neglect or refuse to return the same, he may be compelled forth with by rule of court, and in case of disobedience, may be proceeded against by attachment as for contempt.

Sec. 26. When any person shall be committed to prison, or shall be under recognizance, to any charge of assault and battery or other misdemeanor, for which the party injured may