Page:1862-63 Territory of Dakota Session Laws.pdf/161

152 or a member thereof, in aggravation or mitigation of the punishment, except as provided in the last two sections.

Sec. 29. The judge of the court, at which a conviction requiring judgment of death is had, must immediately, after conviction, transmit to the governor, by mail, a statement of the conviction and judgment and of thic testimony given at the trial.

Sec. 30. Bail must, when requested by either party, or ordered by the court, judge, or magistrate, justify by affidavit before the court, judge, or magistrate, as the case may be.

Sec. 31. The clerk of the court at which any indictment is to be tried, must, at all times, upon the application of the defendant, and without charge, issue as many blank subpenas under the seal of the court, and subscribed by him as clerk, for witnesses within the territory, as may be required by the defendant.

Sec. 32. When a person has been held to answer for a public offense, if an indictment be not found against him at the next term of the court at which he is held to answer, the court must order the prosecution to be dismissed, unless good cause to the contrary be shown.

Sec. 33. Įf a defendant, indicted for a public offense, whose trial has not been postponed upon his application, be not brought to trial at the next term of the court in which the indictment is triable, after it is found, the court must order the indictment to be dismissed, unless good cause to the contrary be shown.

Sec. 31. If the defendant be not indicted, or tried, as provided in the last sections, and sufficient reason therefor be shown, the court may order the action to be continued from term to term, and in the meantime may discharge the defendant from custody, on his own undertaking, or on the undertaking of bail for his appearance to answer the charge at the time to which the action is continued.

Sec. 35. If the court direct the action to be dismissed, the defendant must, if in custody, be discharged therefrom; or if admitted to bail, his bail is exonerated, or money deposited instead of bail, must be refunded to him.