Page:1862-63 Territory of Dakota Session Laws.pdf/152

Rh sentence, to pay the whole or any part of the costs of prosecution.

Sec. 4. If the appellant shall fail to enter and prosecute his appeal, he shall be defaulted on his recognizance, if any was taken, and the district court may award sentence against him for the offense whereof he was convicted, in like manner as if he had been convicted thereof in that court, and if he is not then in custody, process may be issued to bring him into court to receive sentence.

Sec. 5. Whenever suit brought upon any recognizance to prosecute an appeal, the penalty thereof shall be adjudged to be forfeited, or when by leave of the court, such penalty shall hare been paid to the county treasurer or to the clerk of the court, without a suit or before judgment shall be given in a manner by law provided, if by law any forfeiture shall accrue to any person by reason of the offense of which the appellant was convicted, the court may award to him such sum as he may be entitled to out of such forfeiture.

Sec. 6. The district court may, at any term in which the trial of any indictment may be had, or within one year thereafter, or the supreme court within one year thereafter, on the petition or motion in writing of the defendant, grant a new trial for any cause for which by law a new trial may be granted, or when it shall appear to the court that justice has not been done, and on such terms or conditions as the court may direct.

Sec. 7. Any person who shall be convicted of an offense before the district court, being aggrieved by any opinion, direction or judgment of the court, in any matter of law, may allege exceptions to such opinion, direction, or judgment; which exceptions being reduced to writing in a summary mode, and presented to the court any time before the end of the term, and found conformable to the truth of the case, shall be allowed and signed by the judge, and thereupon all further proceedings in that court shall be stayed, unless it shall clearly appear to the judge, that such exceptions are frivolous, immaterial, or intended only for delay; and in that case judgment may be entered and sentence awarded in such manner as the