Page:1862-63 Territory of Dakota Session Laws.pdf/153

144 judge may deem reasonable, notwithstanding the allowance of such exceptions.

Sec. 8. If upon the trial of any person who shall be convicted in said district court, any question of law shall arise, which in the opinion of the judge shall be so important or so doubtful as to require the decision of the supreme court, he shall, if the defendant desire it, or consent thereto, report the case so far as may be necessary to present the question of law arising therein, and thereupon all proceedings in that court shall be stayed.

Sec. 9. Any person not being accused of an offense punishable with death, or imprisonment in the territorial prison for a term exceeding three years, who shall file exceptions, or for whose benefit a report shall be made by the judge, and proceedings stayed, as is provided in the two preceding sections, may recognize to the United States in such sum as the judge shall order, with sufficient sureties for bis personal appearance at the supreme court of the then next term thereof, and to enter and prosecute his exceptions with effect, and abide the sentence thereon, and in the meantime keep the peace, and be of good behavior; and the judge may in his discretion allow any person so to recognize, charged with an offense not punishable with death.

Sec. 10. If any person, so filing exceptions, or desiring a report to be made by the judge, shall not so recognize, he shall be committed to prison to await the decision of the supreme court, and in that case, the clerk of the court in which the conviction was had, shall file a certified copy of the record and proceedings in the case in the supreme court, and the court shall have cognizance thereof and consider and decide the questions of law, and shall render judgment, and award such sentence, or make such order thereon as law and justice shall require; and if a new trial is ordered, the cause shall be remanded to the said district court for such new trial, but the proceedings here prescribed shall not deprive any party of his writ of error for an error or defect appearing of record.