Page:1887 Compiled Laws of Dakota Territory.pdf/1236

§§ 7601-7608

§ 7601. Any person or persons feeling aggrieved by the application for any pardon may contest the same, and for that purpose may appear in person before the governor during the consideration of said application, and show cause by written or oral testimony why such pardon should not be granted.

§ 7602. The governor may in his discretion make such additional rules and regulations governing applications for pardons as may from time to time seem to him best, not in conflict with the provisions of this act; but the provisions of this act shall not apply to the applications for pardon to be granted within thirty days before the time when the convict would otherwise be legally entitled to discharge.

§ 7603. When the governor grants a reprieve, commutation or pardon, he must, within ten days thereafter, file all the papers presented to him in relation thereto, in the office of the secretary of the territory, by whom they must be kept as records, open to public inspection.

§ 7604. Bail, by sufficient sureties, shall be admitted upon all arrests in criminal cases where the offense is not punishable by death, and in such cases it may be taken by any of the persons or courts authorized by law to arrest and imprison offenders.

§ 7605. Bail, by sufficient sureties, may be admitted upon all arrests in criminal cases where the punishment may be death, unless the proof is evident or the presumption great; and in such cases it shall be taken only by the supreme court or a district court, or by a justice or judge thereof, who shall exercise their discretion therein, having regard to the nature and circumstances of the offense, and of the evidence and to the usages of law; but if the case has been tried by jury, and the jury have disagreed on their verdict, then the above presumption is removed, and the defendant shall thereupon be entitled to bail, unless it shall appear to the court or judge thereof, by due proof, that such disagreement was occasioned by the misconduct of the jury.

§ 7606. After conviction of an offense not punishable with death, a defendant who sues out a writ of error for the revision of a judgment may be admitted to bail:

1. As a matter of right when the writ of error is from a judgment imposing a fine only.

2. As a matter of discretion in all other cases.

§ 7607. The qualifications of bail are the same as those in civil cases, and the sureties must in all cases justify by affidavits taken before the magistrate, court or judge, that they each possess those qualifications.

§ 7608. Upon the allowance the execution of the requisite recognizance, bond or undertaking, to the territory, the magistrate, judge or court, must, if the defendant is in cus-