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without the defendant, in the discretion of the officer taking the

same.

Sec. 245. The qualifications of bail shall be as follows: First. Each of them must be a resident and a house-holder, or freeholder, within the territory and the district where the bai! is offered, within the discretion of the officer taking the same. Second. They must each be worth the amount specified in the recognizance in property within the territory, exclusive of property exempt from execution, over and above all other debts and liabilities. The officer taking the bail, however, may allow more than two bail to justify in amounts less than that expressed in the recognizance, if the whole justification be equivalent to that of two sufficient bail.

Sec. 246.. The bail shall, in all cases, justify by affidavit taken before some legally authorized officer; the affidavit must state that they each possess the qualifications provided in the above section; the officer taking the bail may, in his discretion, examine the sureties as to their property, the amount and nature of it, and where the same is at the time.

Sec. 247. Any officer authorized to execute a warrant in a criminal action, may take the recognizance and approve the bail. He may administer oaths and examine bail as to sufficiency.

Sec. 248. Every recognizance taken by any peace officer must be certified by him forthwith, to the clerk of the court to which the defendant is recognized. The clerk must thereupon record the recognizance in the order book, and from the time of filing it shall have the same effect as if taken in open court.

Sec. 249. The defendant may, in place of giving bail, deposit .with the clerk of the court to which the defendant is held to answer, the sum of money mentioned in the order, and upon delivering to the sheriff the certificate of deposit, he must be discharged from custody.

Sec. 250. When any person is committed for an offence, and the amount of bail is specified in the warrant of commitment, the sheriff may take the recognizance, and approve the the bail.

Sec. 251. When a surety desires to surrender his principal, he may procure a copy of the recognizance from the clerk; by virtue of which, the bail, or any person authorized by him, may take the principal, in any county within the territory.

Sec. 252. The bail, at any time before final judgment against him, on a forfeiture of the recognizance, may surrender his principal in open court, or to the sheriff; and upon payment of all costs, may thereupon be discharged from all further liability upon the recognizance.

Sec. 253. The bail must deliver a certified copy of the recognizance to the sheriff, with the principal; and the sheriff must

accept the surrender of the principal, and acknowledge it in writing.

Sec. 254. Any defendant so surrendered may give other bail or remain in custody until discharged by due course of law.

Sec. 255. If, without sufficient excuse, the defendant neglect to appear for trial or judgment, or upon any other occasion, when his presence in court may be lawfully required according to the conditions of his recognizance, the court must direct the fact to be entered upon the minutes, and the recognizance of bail, or money deposited as bail, as the case may be, shall thereupon be forfeited.

Sec. 256. The attorney prosecuting may, at any time after the adjournment of the court, proceed by action against the bail upon the recognizance. Said action shall be governed by the rules of civil pleading, so far as applicable.

Sec. 257. No action upon a recognizance may be defeated for any defect of form, or any omission of recital, condition or undertaking therein, or neglect of the clerk to indorse or record it, but the sureties shall be bound thereby, to the full amount specified therein. A recognizance may be recorded after execution is awarded.

Sec. 258. Any recognizance forfeited by the prisoner shall be collectable upon execution, although he be afterwards arrested on the original charge, unless remitted by the court for cause shown.

Sec. 259. If any person indicted for a criminal offence, abscond or flee from justice, or cannot be found to be served with process; or being let to bail, shall not appear according to the condition. of the recognizance, the cause may be continued from time to time without issuing process on the indictment; and such process may be issued at any time, upon the application of the attorney prosecuting.

'Sec. 260. Whenever any person is indicted for any bailable offence, it shall be the duty of the court, at the time the indictment is presented and filed, to make an order, to be entered in the minutes, of the amount in which the defendant shall be admitted to bail, unless the court deem it best to endorse such order on the warrant.

Sec. 261. When the order fixing the amount of bail is entered in the minutes, the clerk will endorse the same on the warrant of arrest.

Sec. 262. If any money has been deposited instead of bail, and the defendant, at any time before the forfeiture thereof, shall surrender himself to the officer to whom the commitment was directed, upon the defendant giving the district attorney of the district five day's notice of his intention to apply for a return of the deposit, and, at the same time, serving a certificate of the officer to whom

he has delivered himself of the fact, he shall be entitled to an order of the court, or the judge thereof, if the court is not in session, that the deposit be returned to him.

Sec. 263. The court to which the committing magistrate held the defendant to answer, or in which an indictment or an appeal is pending, or to which a judgment on appeal is remitted to be carried into effect, may, by an order to be entered in its minutes, direct the re-arrest of the defendant, and his commitment to the officer to whose custody he had been committed at the time of giving bail, in the following cases: First. When, by reason of his failure to appear, he has incurred a forfeiture of his bail, or the money deposited instead thereof. Second. When it satisfactorily appears to the court that his bail, or either of them, are dead or insufficient, or removed from the territory. Third. When a defendant has been held to answer a criminal charge and has been admitted to bail, and thereafter is indicted for a felony, the court in which the indictment is presented may order the defendant to be committed to actual custody, unless he give bail in an increased amount, to be specified in the order.

Sec. 264. The order for the recommitment of the defendant shall recite generally the facts upon which it is founded, and shall direct that the defendant be arrested by any sheriff, constable, marshal, or policeman within this territory and committed to the sheriff of the county where the case is pending or the conviction had, as the case may be, to be detained until legally discharged.

Sec. 265. The defendant may be arrested pursuant to this order, or upon a certified copy thereof, in any county in the territory, in the same manner as upon warrants of arrest.

Sec. 266. If the order recite as the grounds upon which it is made, the failure of the defendant to appear for judgment, upon conviction, the defendant must be committed according to the requirements of the order.

Sec. 267. If the order be for any other cause, and the offence be bailable, the court must fix the amount of bail by an endorsement on the order, and may recite the order that the defendant be admitted to bail in such sum.

Sec. 268. In such cases, bail may be taken by any one legally authorized to take bail.

CHAPTER XII.

TRIAL, AND INCIDENTS CONNECTED THEREWITH.

Sec. 269. As to notice for continuance.

Sec. 270. Continuance granted-when.

Sec. 271. Territory may obtain continuance.

Sec. 272. As to continuance after defendant has pleaded.

Sec. 273. If cause not continued, set for trial.

Sec. 274.

Time allowed defendant to prepare for trial. Sec. 275. Misdemeanor may be tried by court on consent. Sec. 276. Trial juror-qualifications of.

Sec. 277. Challenges allowed defendant.

Sec. 278. Challenges allowed territory.

Sec. 279. As to juror if offence punishable with death.
Sec. 280. Belief that punishment too severe disqualifies juror.
Sec. 281. Persons of kin to prosecutor or defendant, disqualified.
Sec. 282. Trial juries-how formed.

Sec. 283. Challenge may be interposed.

Sec. 284. Challenge to the panel.

Sec. 285. Challenge to panel-how made.

Sec. 286. Challenge to individual juror-causes for.

Sec. 287.

Causes of challenge tried by court.

Sec. 288. Witnesses on trial of challenge may be produced.
Sec. 289. When challenges interposed.

Sec. 290. Juror excused after sworn; panel-how filled.

Sec. 291. Trial on indictment for felony.

Sec. 292. Of the proceedings on trial.

Sec. 293. Of the attendance of witnesses and their examination. Sec. 294. In trials for treason.

Sec. 295. In trials for conspiracy.

Sec. 296. Proof on indictment for rape.

Sec. 297. Proof of existence of a corporation.

Sec. 298. Injured party not disqualified as witness.

Sec. 299. Of experts as witnesses.

Sec. 300. Gaming-competent witnesses.

Sec. 301. As to separate trials of defendants jointly indicted. Sec. 302. Person indicted remaining in jail after second term to be discharged; exception.

Sec. 303. Persons indicted and on bail, not tried by end of their term, discharged; exception.

Sec. 304. Application for discharge under last two sections.
Sec. 305. How indictment nolle prosequied.

Sec. 306. Order of procedure on trial.

Sec. 307. As to reasonable doubt.

Sec. 308. Discharging of defendant to give evidence.
Sec. 309. Mistake in charging offence.

Sec. 310. When defendant prosecuted in wrong county.

Sec. 311. When jury discharged under last two sections.
Sec. 312. Conviction or acquittal; extent of bar.

Sec. 313. If a juror has personal knowledge material, &c.
Sec. 314. Separation of the jury.

Sec. 315. As to the jury after cause submitted.

Sec. 316. Accomplice; testimony of.

Sec. 517. Jury may be discharged-when.

Sec. 318. When it appears offence committed in another district.
Sec. 319. Defendant discharged if no warrant produced.
Sec. 320. Certified copy of indictment, &c., transmitted.
Sec. 321. Jury may view place where material fact occurred.
Jury allowed to separate-when.

Sec. 322.

Sec. 323.
Sec. 324

Sec. 325.

If jury kept together, to be boarded and lodged.
If juror become sick.

Duty of court in charging jury.

Sec. 326. Either party may present written charges.
Sec. 327. Exceptions to ruling of court.

Sec. 328. Suitable room provided for jury.

Sec. 329. Jury may be further instructed.

Sec. 330. Jury may be discharged if cannot agree, &c.
When defendant tried again.

Sec. 331.

Sec. 332.

Sec. 333.

While jury absent court to continue open.
When jury have agreed, proceeding.

Sec. 334. Jury may be polled.

Sec. 335.

When jury polled, duty of juror.

Sec. 336. If defendant not guilty, discharged; if verdict guilty,

committed.

Sec. 337. If defendant committed, bail exonerated or money re

funded.

Sec. 338. Exceptions by defendant on trial.

Sec. 339. Exceptions by territory on trial.

Sec. 340. If cause appealed by territory and new trial granted. Sec. 341. Where different degrees contained in offence, jury shall specify the degree on conviction.

Sec. 342. Jury to find value of property.

Sec. 343. If jury have discretion, may assess punishment.
Sec. 344. If jury do not assess, court may do so.

Sec. 345. If jury assess below limit, court shall render judg

ment.

Sec. 346. If jury exceed limit, court shall render judgment.
Sec. 347. Court may reduce punishment.

Section 269. At the time the defendant makes his plea to the indictment he must notify the court of his desire, if he have any, for a continuance of his cause to some particular day, or for the term; and if he desires any continuance, he must file his affidavit, showing good cause therefor, within such time as the court may grant.

Sec. 270. For good cause shown, the court may grant a continuance for any number of days, or for the term; any cause which would be considered a good one for a continuance in a civil case, shall be considered sufficient in a criminal action.

Sec. 271. The territory may obtain a continuance for the same reasons, and must give the same notice therefor as the defendant, and be subject to the same restrictions; the district attorney,

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