Page:Revised Codes of the State of North Dakota 1895.pdf/1503

Miscellaneous Provisions. § 8450. Bail taken. Order of discharge. Upon the allowance of bail and the execution of the requisito undertaking to the state, the court under whose process he is held, or the magistrate or other officer must, if the defendant is in custody, make and sign an order for his discharge. upon the delivery of which to the officer having him in custody, the defendant must be discharged.

§ 8451. Deposit for bail. 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. If the defendant has given bail, he may at any time before the forfeiture of the undertaking, in like manner deposit the sum mentioned therein, and upon the deposit being made the bail is exonerated. Every deposit of money under the provisions of this section shall be with the clerk of the court in which the defendant is held to answer.

§ 8452. Notice to state's attorney. When the admission to bail is a matter of discretion, the court, magistrate or officer to whom the application is made, must require reasonable notice thereof to be given to the state's attorney of the county.

§ 8453. Who may take bail. In every case when there is no provision of law authorizing a court, magistrate or other officer to take bail, the same may be taken by the supreme court or a judge thereof, or by the district court of the county in which the offense for which the defendant is arrested is triable, or by the judge thereof.

§ 8454. Form of undertaking of bail. Bail is put in by a written undertaking, executed by at least two sufficient sureties (with or without the defendant in the discretion of the court, or judge or magistrate), and acknowledged in substantially the following form:

"An order having been made (or an information having been filed, or an indictment having been found), on the ...... day of ..... 18..... by.... justice of the peace of .... county (or an information filed or an indictment found in the district court of the..... district in and for the county of..... ), that ..... be held to answer upon a charge of (stating briefly the nature of the offense) or. (as the case may be), charging ..... (name of defendant) with the crime of designating it generally) and he having been admitted to bail in the sum of ..... dollars;

Now, therefore, we, ..... and ....... (as the fact may be,) of .. .... (stating their place of residence and occupation), jointly and severally, hereby undertake that the above named... (naming the defendant) will appear and answer the charge above mentioned (or the information or indictment above mentioned, as the case may be) in whatever court it may be presented, and will at all times hold (or surrender) himself amenable to the orders and process of the court, and if convicted, will appear for judgment, and render himself in execution thereof, or, if he fails to perform either of these conditions, that he will pay to the state of North Dakota the sum of ......... dollars, (inserting the sum in which the defendant is admitted to bail.)

§ 8455. Who may make order admitting to bail on appeal. In cases in which the defendant may be admitted to bail upon an appeal, the order admitting him to bail may only be made by the supreme court or a judge thereof or the district court before which the trial was bad or the judge presiding at such trial. The bail must possess the qualification, and must be put in, in all respects as pro-

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