Page:Revised Codes of the State of North Dakota 1895.pdf/1504

§§ 8456-8459 vided in other cases of bail, except that the undertaking must be conditioned as prescribed in section 8447 for undertakings of bail on appeal.

§ 8456. Defendant may be arrested by his bail. Any person charged with a public offense and admitted to bail may be arrested by his bail at any time before they are finally discharged, and at any place within the state; or by a written authority indorsed on a certified copy of the undertaking of bail, they may empower any officer or person of suitable age and discretion to do so, and he may be surrendered and delivered to the proper sheriff or other officer, before any court, judge or magistrate having the requisite jurisdiction in the case; and at the request such bail, the court, judge or magistrate shall recommit the party so arrested to the custody of the sheriff or other officer, and indorse on the undertaking of bail or certified copy thereof, after notice to the state's attorney, and if no cause to the contrary appears, the discharge and exoneration of such bail; and the party so committed shall be held in custody until discharged by due course of law.

§ 8457. Forfeiture of bail. Excuse. If, without sufficient excuse, any person who has given an undertaking in a criminal action or proceeding neglects to appear according to the terms or conditions of the same, either as a witness or for hearing, arraignment, trial or judgment, or upon any other occasion when his presence in court, or before the magistrate may be lawfully required, or to surrender himself in execution of the judgment, the court must direct the matters to be entered upon its minutes and the undertaking of bail, or the money deposited instead of bail, as the case may be, is and shall be thereupon declared forfeited, but, if at any time before the final adjournment of the court, such person or his bail appears and satisfactorily excuses his neglect the court may direct the forfeiture to be discharged upon such terms as may be just. After the forfeiture, the state's attorney must proceed with all due diligence, by action against the bail jointly or severally in his discretion upon the undertaking so forfeited. If money instead of bail is so forfeited, the clerk of the court or other officer with whom it is deposited, must immediately after the final adjournment, or at such time as the court may direct, pay over the money deposited to the county treasurer.

§ 8458. Additional security may be required. When proof is made to any court, judge or other magistrate having authority to commit on criminal charges, that a person previously admitted to bail on any such charge is about to abscond, or that his bail is insufficient, or has removed from the state, the judge or magistrate shall require such person to give better security, or for default thereof cause him to be committed to prison; and an order for his arrest may be indorsed on the former commitment, or a new warrant there for may be issued by such judge or magistrate, setting forth the cause thereof.

§ 8459. Action on undertaking: Defects pot fatal. No action brought on an undertaking of bail is barred or defeated, nor shall judgment thereon he arrested by reason of any neglect or omission to note or record the default of any principal or surety at the term or session when such default happened, nor by reason of any defect in the form of the undertaking, if it sufficiently appears, from the tenor thereof, at what court the party or witness was bound to 1470