Page:Revised Codes of the State of North Dakota 1895.pdf/1496

§§ 8404-8410 time, committed by the sheriff to the state hospital for the insane, and that upon his becoming sane, he be redelivered to the sheriff.

§ 8404 Commitment exonerates bail. 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 a return of money he may have deposited instead of bail.

§ 8405. Defendant becoming sane. Procedure. If the defendant is received into the state hospital for the insane, he must be detained there until he becomes sane. When he becomes sane the superintendent must give notice of that fact to the sheriff and state's attorney of the county. The sheriff must thereupon without delay, bring the defendant from the said hospital and place him in the proper custody, until he is brought to trial or to judgment, as the case may be, or is legally discharged. The sheriff must receive the actual expenses incurred and no more.

§ 8406. Expenses, how paid. The expense of taking the defendant to the state hospital for the insane and of bringing him back shall be met and paid in the manner and as provided by law for the payment of the delivery thereto of persons admitted to said hospital by the commissioners of insanity of the county.

ARTICLE 2 - COMPENSATION FOR ATTORNEYS AND WITNESSES.

§ 8407. Indigent defendant, attorney appointed. In all criminal actions when it is satisfactorily shown to the court that the defendant has no means, and is unable to employ counsel, the court shall appoint and assign counsel for his defense and allow and direct to be paid by the county in which such trial is had, a reasonable and just compensation to the attorney so assigned for such services as he may render: provided, however, that such attorney shall not be paid a sum to exceed twenty-five dollars in any one case.

§ 8408. Same. Witnesses subpoenaed for. Whenever it appears to the court before which a criminal action is about to be tried that the defendant is unable to pay the witnesses in his behalf, such court must make an order to be entered in the minutes, that such witnesses, naming them, as may be deemed reasonable be subpoenaed and attend at such trial at the expense of the county liable to pay the costs of the prosecution of such action and such witnesses shall be paid accordingly.

ARTICLE 3.- COMPROMISING MISDEMEANORS BY LEAVE OF THE COURT.

§ 8409. When misdemeanor may be compromised. 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.

§ 8410. Stay of proceedings upon compromise. If the party injured appears before the court in which the trial is to be had at any time before the trial, and acknowledges that he has received

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