under his hand, commanding the officer or person charged with the execution thereof, to arrest the person or persons so charged, and bring him, her, or them before the officer issuing said warrant, or in case of his absence, before any other judge or justice of the peace; the said judge or justice of the peace before whom any person shall be brought in pursuance of such warrant, or shall be brought without warrant, and charged with any criminal offence, before he shall commit such prisoner to jail, admit to bail, or discharge him or her from custody, shall inquire into the truth or probability of the charge exhibited against such prisoner or prisoners, by the oath of all the witnesses attending, and upon consideration of the facts and circumstances then proved, either commit such person or persons, so charged, to jail, admit him, her, or them to bail, or discharge him, her, or them from custody. No justice of the peace shall admit to bail any person or persons charged with treason, murder, or any offence punishable with death. All recognizances taken in pursuance of this section shall require the accused to appear at and on the first day of the next district court, or if the court be then sitting, on some day of the term, to be therein designated.
In case accused is held for trial, prosecutor and witnesses to be also held for appearance.Sect. 209. It shall be the duty of the judge or justice of the peace, who shall commit any offender to jail as aforesaid, or admit him to bail, to bind by recognizance the prosecutor, and all such as do declare any thing material to prove the offence charged, to appear before the next district court, on the first day thereof, or if the said court shall be then in sitting, on some day to be therein designated (and, in all cases, at the same time and place as the person or persons accused by said witnesses shall be bound to appear), to give evidence touching the offence so charged, and not depart the court without leave. If any person, upon being required to enter into recognizance as aforesaid, shall refuse, it shall be lawful for such judge or justice of the peace, to commit him or her to jail, there to remain until he or she shall enter into such recognizance or be otherwise discharged by due course of law.
Of recognizances and their form.Sect. 210. All recognizances that have any relation to criminal matters shall be taken to the Territory of Dakota, shall be signed by the person or persons entering into the