Page:1862-63 Territory of Dakota Session Laws.pdf/113

104 have a remedy by civil action, except when the offense was committed by or upon any sheriff or other officer of justice, or riotously or with intent to commit a felony, if the party injured shall appear before the magistrate who made the commitment or took the recognizance, and acknowledge in writing that be has received satisfaction for the injury, the magistrate may in his discretion, on payment of all the costs which have accrued, discharge the recognizance or supersede the commitment by an order under his hand; and may also discharge all recognizances and supersede the commitment of all witnesses in the case.

Sec. 27. Every such order of the magistrate discharging the recognizance of the party or witnesses, shall be filed in the office of the clerk, before the sitting of the court before which they are bound to appear; and every order superseding the commitment of the party charged, or any witnesses, shall be delivered to the keeper of the jail in which he is confined, who shall forth with discharge him; and every such order, if so filed and delivered, and not otherwise, shall forever bar all remedy by civil action for such injury.

Sec. 28. When any person under recognizance in any criminal prosecution, either to appear and answer or to prosecute an appeal, or to testify in any court, shall fail to perform the condition of such recognizance, his default shall be recorded, and process shall be issue against the persons bound by the recognizance, or such of them as the prosecuting officer shall direct.

Sec. 29. Any surety in such recognizance may by leave of the court, after default and either before or after the process has been issued against him, pay to the county treasurer or to the clerk of the court, the amount for which he was bound as surety, with such costs as the court shall direct, and be thereupon forever discharged.

Sec. 30. When any action is brought in the name of the territory of Dakota against a principal or surety in any recognizance entered into, either by a party or a witness in any criminal prosecution, and the penalty of such recognizance shall be adjudged forfeited, the court may, on application of any party defendant, remit any part of the whole of such penalty, and