Sect. 39. The justice must, thereupon, enter an order on his docket, fixing the amount in which bail may be given by the defendant, and the execution of the judgment against the defendant shall not be stayed, unless bail in that amount be put in by an undertaking substantially in the following form:
The Territory of Dakota,
——— county,
A B having been convicted before CD, a justice of the peace of said county, of the crime of (here designate it generally, as in the information), by a judgment rendered on the ——— day of ——— A.D. 18, and having appealed from said judgment to the district court of said county:
We, A B and E F (or I, E, F), or (we, E F and H G), hereby undertake that the said A B will appear in the district court of said county at the next term thereof, and abide the judgment of said court, and not depart without leave of the same, or that we will pay to the Territory of Dakota the sum of ——— dollars (the amount of bail fixed).
A——— B———,
E——— F———.
Acknowledged before and accepted by me, at ———, in the county of ———, this ——— day of ———, A.D. 18.
Sect. 40. The bail must possess the qualifications required in cases of appeal from the district to the supreme court of the territory.
Sect. 41. The bail may be taken by the justice who rendered the judgment, or by any magistrate in the county who has authority to admit to bail, or by the district court, or the clerk thereof.
Sect. 42. When an appeal is taken, the justice must cause all material witnesses to enter into an undertaking, as in a case where a defendant is held to answer on a preliminary examination, to appear and testify on the trial of the appeal in the district court, at a term at which it is returnable, and shall as soon as practicable, and at least ten days before the first day of such term of the district court of the county, file in the office of the clerk thereof, a certified copy of the entries