Page:1862-63 Territory of Dakota Session Laws.pdf/151

142 the court may order him to be committed to prison, or may give him into the care of his friends, if they shall give bonds with surety to the satisfaction of the court, conditioned that be shall be well and securely kept, otherwise he shall be discharged.

Sec 46. No prisoner or person under recognizance, who shall be acquitted by verdict, or discharged because no indictmeut has been found against him, or for want of prosecution shall be liable for any cost or fees of officers, or for any charge for subsistence while he was in custody.

Section 1. Every person convicted before a justice of the peace of any offense, may appeal from the sentence to the district court, then next to be held in the same county, and such appellant shall be committed to abide the sentence of sail justice, until he shall recognize to the United States in such reasonable sum, with such sureties as said justice shall requires with condition to appear at the court appealed to, and there to prosecute his appeal, and to abide the sentence of the court thereon, and in the mean time to keep the peace, and to be of good behavior.

Sec. 2. The justice, on such appeal, shall make a copy of the conviction and other proceedings in the case, and transmit the same, together with their recognizance, if any shall be taken to the clerk of the court appealed to; and the fees of the justice therefor shall be paid from the county treasury, like manner as other costs in criminal prosecutions are pail.

Sec. 3. The appellant shall not be required to advance any fees in claiming his appeal, nor in prosecuting the same; but if convicted in the district court, or if sentenced for failing to prosecute his appeal, he may be required, as a part of his