Page:1887 Compiled Laws of Dakota Territory.pdf/1232

§§ 7570-7577

§ 7570. If the jury find the defendant is insane, the trial or judgment must be suspended until he becomes sane, and the court, if it deem his discharge dangerous to the public peace or safety, may order that he be, in the meantime, committed to the care of the sheriff until he becomes sane.

§ 7571. The commitment of the defendant as mentioned in the last section, exonerates his bail, or entitles a person authorized to receive the property of the defendant to return of money he may have deposited instead of bail.

§ 7572. When he becomes sane the sheriff must thereupon, without delay, place him in the proper custody until he be brought to trial or judgment, as the case may be, or be legally discharged.

§ 7573. The expenses of keeping the defendant are in the first instance chargeable to the county, but the county may recover them from the estate of the defendant, if he have any, or from a relative.

§ 7574. In all criminal cases triable in the territory of Dakota, where it is satisfactorily shown to the court that the defendant has no means, and is unable to employ counsel, the court shall in all such cases, where counsel is appointed and assigned for defense, allow and direct to be paid by the county in which such trial is had, a reasonable and just compensation to the attorney or attorneys so assigned for such services as they may render; provided, however, that such attorney or attorneys shall not be paid a sum to exceed twenty-five dollars in any one case.

§ 7575 When a defendant is held to answer on a charge of misdemeanor, for which the person by the act constituting the offense has a remedy by a civil action, the offense may be compromised as provided in the next section, except when it was committed:

1. By or upon an officer of justice while in the execution of the duties of his office.

2. Riotously; or,

3. With an intent to commit a felony.

§ 7576. If the party injured appear before the court to which the depositions and statement are required by section 7187 to be returned, at any time before trial, on an indictment for the offense, and acknowledge in writing that he has received satisfaction for the injury, the court may, in its discretion, on payment of the costs incurred, order all proceedings to be stayed upon the prosecution, and the defendant to be discharged therefrom. But in that case the reasons for the order must be set forth therein and entered upon the minutes.

§ 7577. The order authorized by the last section is a bar to another prosecution for same offense.