Page:Revised Codes of the State of North Dakota 1895.pdf/1502

§§ 8145-8449 ance of the defendant in person, according to the terms of the undertaking or that the sureties will pay to the state a specified sum.

§ 8445. When bail must be taken. Bail by sufficient sureties, shall be admitted upon all arrests in criminal actions when the offense is not punishable by death, and in such actions it may be taken by any competent court, magistrate or legally authorized officer.

§ 8446. Bail upon capital charge. Bail by sufficient sureties may be admitted upon arrests in criminal actions when the offense is punishable by death unless the proof of guilt is evident or the presumption thereof great. In such actions it shall be taken only by the supreme court or a judge thereof, or by a district court or a judge thereof, and the taking thereof shall be discretionary, regard being had to the nature and circumstances of the offense and to the evidence and to the usages of law. The finding of an indictment or the filing of an information does not add to the strength of the proof or the presumption to be drawn therefrom. In case the action has been tried by jury, and the jury have not agreed on a verdict and have been discharged by reason of inability to agree, then the defendant shall be entitled to bail, unless it shall appear to the court or judge, by proof, that such disagreement was occasioned by the misconduct of the jury or the defendant or his counsel.

§ 8447. Bail on appeal after conviction. After a conviction of an offense not punishable with death, a defendant who has appealed may be admitted to bail:

1. As a matter of right, when the appeal is from a judgment imposing a fine only:

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

§ 8448. Before conviction. After conviction. If the offense is bailable the defendant may be admitted to bail before conviction:

1. For his appearance before the magistrate during the pendency of a trial or on the examination of the charge before being held to answer.

2. To appear before the court to which the magistrate holds him to appear upon the defendant being held to answer after examination.

3. After information filed or indictment found, either before the warrant is issued for his arrest, or upon any order of the court committing him or increasing the amount of bail, or upon his being surrendered by his bail to answer the information or indictment in the court in which it is filed or found, or to which it may be transferred for trial.

And after conviction:

1. If the appeal is from a judgment imposing a fine only, on an undertaking of bail that he will pay the same or such part thereof as the appellate court may direct, if the judgment is affirmed or moditied, or the appeal is dismissed.

2. If a judgment of imprisonment has been given, that he will surrender himself in execution of the judgment, upon its being affirmed or modified, or upon the appeal being dismissed, or that in case the judgment is reversed and the cause remanded for a new trial, he will appear in the court to which said cause may be remanded, and submit himself to the orders and process the of.

§ 8449. Qualifications of bail. Justification. The qualifications of bail are the same as those in civil cases, and the sureties must in all cases justify hy affidavits taken before the magistrate, court or judge, that they each possess those qualifications.

1468