Page:1862 Territory of Dakota Session Laws.pdf/334

CHAP. XLIV.] be committed to prison, and there detained until the day so appointed for his appearance before the court or magistrate.

. 5. If the person so recognized or committed shall appear before the court or magistrate upon the day ordered, he shall be discharged, unless he be demanded by some person authorized by the warrant of the executive to relieve him, or unless the court or magistrate shall see cause to commit him, or to require him to recognize anew, for his appearance at some other day, and if, when ordered, he shall not so recognize, he shall be committed and detained as before provided; whether the person so discharged shall be recognized, committed, or discharged. Any person authorized by the warrant of the executive may, at all times, take him into custody, and the same shall be a discharge of the recognizance, if any, and shall not be deemed an escape.

. 6. The complainant in such case shall be answerable for the actual costs and charges, and for the support in prison of any person so committed, and shall advance to the jailer one week's board, at the time of commitment, and so from week to week, so long as such person shall remain in jail; and if he shall fail to do so, the jailer may forthwith discharge such person from his custody.

. 7. This act shall take effect and be in force from and after its approval by the governor.


 * Approved May 15, 1862.

W. JAYNE, Governor.