Page:Revised Codes of the State of North Dakota 1895.pdf/1436

§§ 7969–7975 tion 7966: “And I have admitted him to bail, to answer, by the undertaking hereto annexed."

§ 7969. When bail not taken. If the offense is bailable, and the defendant is admitted to bail, but bail has not been taken, the following words or words to the same effect, must be added to the indorsement mentioned in section 7966: “And that he is admitted to bail in the sum of ... dollars, and be committed to the sheriff of the county of .... (or the marshal of the city of .., or as the case may be), until said bail is given.

§ 7970. Commitment. Procedure. If the magistrate orders the defendant to be committed as provided in sections 79967 and 7969 he must make out a commitment, signed by him with his name of office, and deliver it, with the defendant, to the officer to whom he is committed, or if that officer is not present, to a peace officer, who must immediately deliver the defendant into the proper custody. together with the commitment.

§ 7971. Form of commitment. The commitment must be to the following effect:

State of North Dakota,

The state of North Dakota to the sheriff of the county of (or marshal of the city of ......, or as the case may be):

An order having been this day made by me, that A. B. be held to answer upon a charge of (stating briefly the nature of the offense, with time and place as near as may be). you are commanded to receive him into your custoily, and detain him until he is legally discharged.

Dated at ........, this .... day of ......, 18..

C. D., Justice of the Peace.

(or as the case may be).

$ 7972. Witness to give undertaking. On holding the defendant to answer, the magistrate may take from each of the material witnesses examined before him on the part of the state, a written undertaking, without surety, to the effect that he will appear and testify at the court to which the complaint and depositious, if any, are to be sent, or that he will forfeit such sum as the magistrate may fix and determine.

§ 7973. Sureties may be required. When the magistrate is satisfied, by proof on oath, that there is reason to believe that any such witness will not appear and testify, unless security is required, he may order the witness to enter into a written undertaking, with such sureties and in such sum as he may deem proper, for his appearance, as specified in the last section.

§ 7974. Married women and minors. When a married woman or a minor is a material witness, any other person may be allowed to give an undertaking for the appearance of such witness; or the magistrate may, in his discretion, take the undertaking of such married woman or minor in a sum not exceeding fifty dollars, which is valid and binding in law, notwithstanding the disability of minority.

§ 7975. Refusal. Witness committed. If a witness, required to enter into an undertaking to appear and testify, either with or without sureties, refuses compliance with the order for that purpose, the magistrate must commit him to prison until he complies or is legally discharged.

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