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SEC. 9. The magistrate before whom any person is brought, upon a charge of having committed an offence, shall, as soon as may be, examine the complainant, and the witnesses to support the prosecution, on oath, in presence of the party charged, in relation to any matters connected with such charge which may be deemed pertinent.
SEC. 10. The magistrate shall then proceed to examine the prisoner himself in relation to the offence charged. Such examination shall not be on oath; and before it is commenced, the prisoner shall be informed of the charge against him, and that he is at liberty to refuse to answer any question put to him; and he shall be allowed a reasonable time to send for and advise with counsel, who may be present during the examination of the prisoner.
SEC. 11. The answers of the prisoner to the several interrogatories shall be reduced to writing by the magistrate, or under his direction; shall be read to the prisoner, who may add to or correct them, and, when made conformable to what he declares is the truth, shall be certified and signed by the magistrate.
SEC. 12. The witnesses in the case shall not be present during such examination of the prisoner.
SEC. 13. Nothing contained in the preceding sections shall be construed to require any magistrate before whom a prisoner shall be brought, charged with a misdemeanor, to take his examination, except when such magistrate may deem the same necessary. After the testimony to support the prosecution is taken, the witnesses for the prisoner, if he have any, shall be sworn and examined, and he may be assisted by counsel, in such examination, and also in the examination and cross-examination of the witnesses in support of the prosecution.
SEC. 14. The magistrate, while examining any witness, may, at his discretion, exclude from the place of examination all the other witnesses for and against the prisoner; he may also, if requested, or if he see cause, direct the witnesses, for or against the prisoner, to be kept separately, so that they cannot converse with each other, unti! they shall have been examined.
SEC. 15. The testimony of the witnesses examined shall be reduced to writing by the magistrate, or under his direction, when he shall think it necessary, and shall be signed by the witnesses, if required by the magistrate.
SEC. 16. If it shall appear to the magistrate, upon the whole examination, that no offence has been committed, or that there is not probable cause for charging the prisoner with the offence, he shall be discharged.
SEC. 17. If it shall appear that an offence has been committed, and that there is probable cause to believe the prisoner guilty, and if the offence be bailable by the magistrate, and the prisoner, on being admitted, offer sufficient bail, it shall be taken, and the prisoner discharged; but if no sufficient bail be offered, or the offence be not bailable by the magistrate, or bail be refused, the prisoner shall be committed to prison for trial.
SEC. 18. When the prisoner is admitted to bail, or committed by the magistrate, he shall also bind, by recognizance, such witnesses, for or against the prisoner, as he shall deem material, to appear and testify at the next term of the criminal court, in which the prisoner shall be held to answer.
SEC. 19. If the magistrate shall be satisfied that there is good cause to believe that any such witness will not perform the condition of his recognizance, unless other security be given, such magistrate may order the witness to enter into a recognizance, with such sureties as may be deemed necessary, for his appearance at court.
SEC. 20. When any married woman or minor is a material witness, any other person may be allowed to recognise for the appearance of such witness, or the magistrate may, in his discretion, take the recognizance of such married woman or minor, in a sum not exceeding one hundred dollars, which shall be valid and binding in law, notwithstanding the disability of coverture or minority.
SEC. 21. All witnesses required to recognise, either with or without sureties, shall, if they refuse, be committed to prison by the magistrate, there to remain until they comply with such order, or be otherwise discharged according to law.
SEC. 22. When any person shall be committed for want of bail, the amount required shall be specified in the warrant of commitment, and the marshal may take the recognizance, and approve the bail.
SEC. 23. Any person may, in the place of giving recognizance, deposit with the clerk of the criminal court the sum of money mentioned in the order for bail, and, on delivering to the officer having him in custody, the certificate of deposit, shall be discharged.
If such person, at any time before the forfeiture of such money, shall give sufficient special bail, or shall surrender himself, or be in any manner legally discharged, the court shall order a return of the deposit to him.
SEC. 24. Any justice of the peace to whom complaint is made, or before whom any prisoner is brought, may associate with himself one or more of the justices of the same county, and they may together execute the powers and duties before mentioned; but no fees shall be taxed for such associates.
SEC. 25. All examinations and recognizances of witnesses taken by any magistrate pursuant to the provisions of this chapter, shall be certified and returned by him to the clerk of the court before which the party charged is bound to appear, on or before the first day of the sitting thereof; and if such magistrate refuse or neglect to return the same, he may be compelled so to do, forthwith, by rule of court, and in case of disobedience, may be proceeded against by attachment, as for a contempt.
SEC. 26. When any person shall be committed to prison, or shall be under recognizance, to answer to any charge of assault and battery, or other misdemeanor, for which the party injured may have a remedy by civil action, except where the offence was committed by or upon any sheriff or other officer of justice, or riotously, or with intent to commit a felony, if the party injured shall appear before the magistrate who made the commitment or took the recognizance, and acknowledge, in writing, that he has received satisfaction for the injury, the magistrate may, in his discretion, on payment of all the costs which have accrued, discharge the recognizance, or supersede the commitment, by an order under his hand; and may also discharge all recognizances and supersede the commitment of all witnesses in the case.
SEC. 27. Every such order of the magistrate, discharging the recognizance of the party or witnesses, shall be filed in the office of the clerk, before the sitting of the court at which they are bound to appear; and every order superseding the commitment of the party charged, or of any witness, shall be delivered to the keeper of the jail in which he is confined, who shall forthwith discharge him; and every such order, if so filed and delivered, and not otherwise, shall forever bar all remedy by civil action for such injury.
SEC. 28. When a bail desires to surrender his principal, he may procure a copy of the recognizance from the clerk, by virtue of which, the bail or any officer authorized by him may take the principal, and by surrendering him in open court or to the marshal before the recognizance is forfeited, shall be discharged from any further responsibility upon such recognizance. Any principal so surrendered may give other bail or remain in custody until discharged in due course of law.
SEC. 29. When any person, under recognizance in any criminal prosecution, either to appear and answer, or to testify in any court, shall fail to perform the condition of such recognizance, his default shall be recorded, and the recognizance or money deposited as bail, thereupon forfeited, and process shall be issued against the persons bound by the recognizance, or such of them as the prosecuting officer shall direct. The action thereon, in the criminal court, shall be governed by the rules of civil pleading, so far as the same may be applicable.
SEC. 30. Any surety in such recognizance may, by leave of the criminal court, after default, and either before or after process has been issued against him, pay to the clerk of said court the amount for which he was bound as surety, with such costs as the court shall direct, and be thereupon forever discharged.
SEC. 31. When any action is brought against a principal or surety in any recognizance, entered into either by a party or a witness, in any criminal prosecution, the criminal court may, on application of the party defendant, remit any part or the whole of such penalty, and may render judgment thereon according to the circumstances of the case and the situation of the party, and upon such terms and conditions as to such court shall seem just and reasonable.
SEC. 32. No such action brought on a recognizance, as mentioned in the preceding section, shall be barred or defeated, nor shall judgment thereon be arrested by reason of any neglect or omission to note or record the default of any principal or surety, at the term when such default shall happen, nor by reason of any defect in the form of the recognizance, if it sufficiently appear, from the tenor thereof, at what court the party or witness was bound to appear, and that the court or magistrate, before whom it was taken, was authorized by law to require and take such recognizance.
SEC. 33. Any recognizance forfeited by the principal, unless remitted
by the court on cause shown, shall be collectable upon judgment and execution, although after such forfeiture such principal is again arrested on the original charge.
SEC. 34. No judgment of the criminal court, on any forfeited recognizance, shall be a lien on real estate, unless certified to the clerk of the circuit court and by him docketed and indexed as required in chapter sixty-two. On being so docketed and indexed it shall be a lien as is provided in said chapter with respect to judgments of the circuit court.
ARREST OF FUGITIVES FROM JUSTICE.
SEC. 35. The judge of the criminal court of this District may appoint agents to demand of the executive authority of any State or Territory any fugitive from justice, charged in this District with treason, felony, or other crime; and such fugitive shall be delivered up in the manner prescribed by the laws of the United States for the delivery of fugitives from justice, to be removed to this District.
SEC. 36. In all cases where the laws of the United States provide that fugitives from justice, escaping from one State into another, shall be delivered up, the judge of the criminal court of this District is empowered and required to cause to be apprehended and delivered up such fugitive from justice who shall be found in this District, in the same manner and under the same regulations as the executive authority of a State or Territory is required to do the same.
SEC. 37. Whenever any person shall be found within this District, charged with treason, felony, or other crime, committed in any State, any justice of the peace may, upon complaint on oath, or other satisfactory evidence, that such person committed the offence, issue a warrant to bring the person so charged before him.
SEC. 38. If it shall appear to the justice that there is reasonable cause to believe that the complaint is true, he shall, if such accused person would have been bailable in case the offence had been committed in this District, require him to recognise, with sufficient sureties, in a sufficient sum, to appear before the criminal court of this District at a future day, allowing a reasonable time to obtain the warrant of the executive, and to abide the order of said criminal court; and if such person shall not so recognise, he shall be committed to jail, and be there detained until such day. The recognizance,