Page:1887 Compiled Laws of Dakota Territory.pdf/1275

 court having cognizance of the offense, on the first day of the next term thereof, to give evidence touching· the said offense, and not to depart the said court without leave, which recog­nizance so taken, together with the recognizance entered into by the prisoner when he is admitted to bail, shall be certified and returned to the proper court on the first day of the next succeeding term thereof; if any such witness shall neglect or refuse to enter into a recognizance as aforesaid, when thereunto required, it shall be lawful for the court or judge to commit him to jail until he shall enter into such recognizance, or he be other­ wise discharged by due course of law; if any judge shall refuse or neglect to bind any such witness or prisoner by recognizance, when taken as aforesaid, he shall be deemed guilty of a misde­meanor in office, and be proceeded against accordingly.

§ 7843. When any prisoner, brought up on a habeas corpus, shall be remanded to prison, it shall be the duty of the court or judge remanding him to make out and deliver to the sheriff or other person to whose custody he shall be remanded, an order in writing stating the cause or causes of remanding him; if such prisoner shall obtain a second writ of habeas corpus, it shall be the duty of such sheriff, or other person to whom the same shall be directed, to return therewith the order aforesaid, and if it shall appear that the said prisoner was remanded for any offense adjudged not bailable, it shall be taken and received as conclu­sive, and the prisoner shall be remanded without further pro­ceedings.

§ 7844. It shall not be lawful for any court or judge, on a second writ of habeas corpus obtained by such prisoner, to dis­charge the said prisoner, if he is clearly and specifically charged in the warrant of commitment with a criminal offense; but the said court or judge shall, on the return of such second writ, have power only to admit such prisoner to bail, where the offense is bailable by law, or remand him to prison where the offense is not bailable, or where such prisoner shall fail to give the bail re­quired.

§ 7845. No person who has been discharged by order of a court or judge on a habeas corpus, shall be again imprisoned, restrained, or kept in custody for the same cause, unless he be afterward indicted for the same offense; nor unless by the legal order or process of the court wherein he is bound by recognizance to appear. The following shall not be deemed to be the same cause:

1. If after a discharge for a defect of proof, or on any mate­rial defect in the commitment in a criminal case, the prisoner should be again arrested on sufficient proof, and committed by legal process for the same offense.

2. If in a civil suit the party has been discharged for any illegality in the judgment or process, and is afterward imprisoned by legal process for the same cause of action.

3. Generally, whenever the discharge has been ordered on account of the non-observance of any of the forms required by law the party may be a second time imprisoned, if the cause be legal, and the forms required by law observed.

§ 7846. If any person shall be committed for a criminal or ·supposed criminal matter, and not admitted to bail, and shall not be tried on or before the second term of the court having jurisdic­tion of the offense, the prisoner shall be let at liberty by the court,