Page:1887 Compiled Laws of Dakota Territory.pdf/1237

Bail. tody, make and sign an order for his discharge, upon the deliv­ery of which to the proper officer the defendant must be dis­charged.

§ 7609. A deposit of the sum of money mentioned in the order admitting to bail, is equivalent to bail, and upon such deposit the defendant must be discharged from custody.

§ 7610. Any party charged with a criminal offense and admitted to bail, may be arrested by his bail at any time before they are finally discharged, and at any place within the terri­tory; or by a written authority indorsed on a certified copy of the recognizance, bond or undertaking, may empower any officer or person of suitable age and discretion, to do so, and he may be surrendered and delivered to the proper sheriff or other officer, before any court, judge or magistrate having the proper jurisdiction in the case; and at the request of such bail, the court, judge or magistrate shall recommit the party so arrested to the custody of the sheriff or other officer, and indorse on the recognizance, bond or undertaking, or certified copy there6f, after notice to the dis­trict attorney, and if no cause to the contrary appear, the dis­charge and exoneration of such bail; and the party so committed shall therefrom be held in custody until discharged by due course of law.

§ 7611. If, without sufficient excuse, the defendant neglects to appear according to the terms or conditions of the recog­nizance, bond or undertaking, either for hearing, arraignment, trial or judgment, or upon any other occasion when his presence in court or before the magistrate may be lawfully required, or to surrender himself in execution of the judgment, the court must direct the fact to be entered upon its minutes, and the recognizance, bond or undertaking of bail, or the money depos­ited instead of bail, as the case may be, is and shall be thereupon declared forfeited. But, if at any time before the final adjourn­ment of the court, the defendant or his bail appear and satisfacto­rily excuse his neglect, the court may direct the forfeiture to be discharged upon such terms as may be just. After the for­feiture, the district attorney must proceed with all due diligence, by action against the bail upon the instrument so forfeited. If money deposited instead of bail be so forfeited, the clerk of the court or other officer with whom it is deposited, must, immedi­ately after the final adjournment of the court, pay over the money deposited to the county treasurer.

§ 7612. When proof is made to any court, judge or other magistrate having authority to commit on criminal charges, that a person previously admitted to bail on any such charge is about to abscond, or that his bail is insufficient, or has removed from the territory, the judge or magistrate shall require such person to give better security, or for default thereof cause him to be committed to prison; and an order for his arrest may be indorsed on the former commitment, or a new warrant therefor may be issued by such judge or magistrate, setting forth the cause thereof.