bail for the appearance of the defendant according to the terms of the recognizance, or that the bail will pay to the Territory a specified sum.

When offences are not bailable.

SEC. 416. The defendant cannot be admitted to bail, when he is charged,

First: With an offence punishable with death.

Second: With the infliction of a personal injury upon another, likely to produce death, and under such circumstances as that, if death ensue, the offence would be murder.

Bailable offences.

SEC. 417. If the charge be for any other offence, he may be admitted to bail before conviction, as follows:

First: As a matter of right in cases of misdemeanor.
Second: As a matter of discretion in all other cases.

Of bail after conviction.

SEC. 418. After conviction of an offence not punishable with death, a defendant, who has sued out a writ of error to take his case from the district to the supreme court of the Territory, and where there is a stay of proceedings; but not otherwise may be admitted to bail.

Before conviction defendant may be admitted to bail.

SEC. 419. Before conviction, a defendant may be admitted to bail:

First: For his appearance before a magistrate on the examination of the charge, before being held to answer.

Second: To appear to the court to which the magistrate is required to return the depositions and statement upon the defendant being held to answer after examination.

Third: After indictment, either upon the bench warrant issued from his arrest, or upon an order of the court committing him or enlarging the amount of bail, or upon his being surrendered by his bail to answer the indictment in the court in which it is found or to which it may be sent or removed for trial.

Upon stay of execution defendant may be admitted to bail.

SEC. 420.

After conviction and upon a writ of error, when there is a stay of execution, the defendant may be admitted to bail as follows:

First: If the writ of error be from a judgment imposing a fine, only on the recognizance of bail only, that he will pay the same or such part of it as the supreme court may direct, if the judgment be affirmed or modified, or the writ of error be dismissed.

Second: If the judgment of imprisonment has been given, that he will surrender himself in execution of the judgment, upon its being affirmed or modified, or upon the writ of error being dismissed.

CHAPTER XLII.

DEPOSIT OF MONEY INSTEAD OF BAIL.

Defendant may deposit money.

SEC. 421. The defendant at any time after an order admitting him to bail, instead of giving bail, may deposit with the clerk of the district court, in which he is held to answer, the sum mentioned in the order, and upon delivering to the officer in whose custody he is a certificate of the deposit, he shall be discharged from custody.

Defendant may deposit money in lieu of bail.

SEC. 422. If the defendant have given bail, he may at any time before the forfeiture of the recognizance, in like manner deposit the sum mentioned in the recognizance and upon the deposit being made, the bail shall be exonerated.

Money deposited may be applied to the payment of costs.

SEC. 423. Where money has been deposited, if it remain on deposit at the time of a judgment for the payment of a fine and costs, the clerk shall under the direction of the court, apply the money in satisfaction thereof, and after paying the fine and costs, shall refund the surplus, if any, to the defendant.

CHAPTER XLIII.

FORFEITURE OF THE RECOGNIZANCE OF BAIL, OR OF THE DEPOSIT OF MONEY.

Default.

SEC. 424. If the defendant do not appear for arraignment or trial or judgment, or upon any other occasion when his person in court is lawfully required, or surrender himself in execution of judgment, the court shall enter his default.

Sacre [scire] facias to issue in cases of default.

SEC. 425. On such default the prosecuting attorney must sue out a scire facias to be served on the bail, or in case of a money deposit, on the defendant, which shall be sued as other civil process, requiring such bail or defendant, as the case may be, to show cause at the next term of the court, why such recognizance shall not be estreated or money be forfeited.

Default and sacre [scire] facias to be set aside on good cause.

SEC. 426. If such bail or defendant, as the case may be, appear in pursuance of such scire facias and show good cause in excuse for such default, the court may set aside the same on the payment of the costs of the default and scire facias.

Judgment against bail in cases of default.

SEC. 427. If such bail or defendant do not appear, or do not show good cause in excuse of such default, the court shall there

upon order the undertaking or money to be forfeited, and in case of recognizance by bail, must enter judgment for the amount thereof, and costs against such bail.

CHAPTER XLIV.

PARDONS AND COMMUTATIONS OF FINES AND PUNISHMENTS.

Govenor may grant pardons.

SEC. 428. In all cases in which the governor is authorised by the constitution to grant pardons, he may grant them upon such conditions, and with such restrictions and limitations as he may think proper and may issue his warrant to all proper officers to carry into effect such conditional pardon.

Proceedings in cases of pardon or commutation of punishment.

SEC. 429. Whenever any convict is pardoned by the governor, or his punishment is commuted, the officer to whom the warrant is directed after executing the same, must make return thereof, with his doings thereon, to the secretary of the Territory, as soon as may be, and such officer must also file in the clerk's office of the court in which the offender was committed, a certified copy of the warrant and return a brief abstract of which the clerk shall subjoin to the record of conviction.

Remission of fine.

SEC. 430. Fines imposed as a punishment for a public offence, can be remitted only by the governor of the Territory; those for contempt may be remitted by the court by which they were imposed. Reprieves.

SEC. 431. In capital cases the governor may for good cause shown, grant a reprieve to any convict for a term not exceeding one year from the rendition of the judgment.

Authorized agent to demand fugitive.

SEC. 432. The governor of this Territory may in any case authorized by the constitution and laws of the United States, appoint agents to demand of the executive authority of any other state or territory, or from the executive authority of any foreign government, any fugitive from justice charged with treason or felony.

Offenders to be given up on requisition from other State or Territory.

SEC. 433. If any person be found in this Territory, charged with any crime committed in any other state or territory, and liable by the constitution and laws of the United States, to be delivered over upon the demand of the governor thereof, any magistrate may upon complaint on oath, issue a warrant to arrest such person, and cause him to be delivered to the acting governor, who shall deliver him to any officer or agent of such other state or territory.

CHAPTER XLV.

SEARCH WARRANT AND THE PROCEEDINGS THEREON.

For what cause a search warrant may issue-its powers.

SEC. 434. A search warrant may be issued upon the following grounds: When the property was stolen or embezzled, or in any manner concealed so as to prevent the owner from exercising his right thereto, it may be taken on the warrant from any house or other place in which it is concealed, or from the possession of the person by whom it was stolen or embezzled or of any other person in whose possession it may be.

Person, property, and place to be searched must be described.

SEC. 435. No search warrant can be issued but upon probable cause, supported by affidavit, naming and describing the person, and particularly describing the property and the place to be searched.

Complainant and witness to be examined on oath.

SEC. 436. The magistrate must, before issuing the warrant, examine on oath the complainant and any witness he may produce, and take their depositions in writing, and cause them to be subscribed by the parties making them.

SEC. 437. The depositions must set forth the facts tending to establish the grounds of the application, or that there is probable cause to believe their existence.

Magistrate must issue search warrant when convinced that there is probable cause.

SEC. 438. If the magistrate be thereupon satisfied of the existence of the grounds of the application, or that there is probable cause to believe their existence, he shall issue a search warrant, signed by him with his name of office, to peace officer in his county, commanding him forthwith to search the person or place named for the property specified, and bring it before him. Warrant directed to officer.

SEC. 439. A search warrant may in all cases be served by any of the officers mentioned in its direction; but by no other person, except in aid of the officer on his requisition, he being present and acting in its execution.

Officer may break open door or window of house.

SEC. 440. The officer may break open any outer or inner door or window of a house, or any part of the house, or any thing therein, to execute the warrant, if, after notice of his authority and purpose, he be refused admittance.

Warrant to be executed within ten days.

SEC. 441. A search warrant must be executed and returned to the magistrate by whom it was issued within ten days after its date. After the expiration of such time the warrant, unless executed, is void.

Officer must give a receipt for property taken.

SEC. 442. When the officer takes any property under the warrant, he must give a receipt for the property taken (specifying it in detail) to the person from whom it was taken or in whose possession it was found, or in the absence of the person, he must leave it in the place where he found the property.

Warrant and inventory of property taken must be returned to the magistrate; Form of return.

SEC. 443. The officer must forthwith return the warrant to the magistrate, and at the same time deliver to him a written inventory of the property taken, made publicly or in the presence of the person from whose possession it was taken, and of the applicant for the warrant if they be present, verified by the affidavit of the officer at the foot of the inventory, and taken before the magistrate to the following effect:

"I, the officer by whom the annexed warrant, do swear that the above inventory contains a true and detailed account of all the property taken by me on the warrant."

Inventory given to both claimants.

SEC. 444. The magistrate, if required, must deliver an inventory to the person from whose possession the property was taken, and to the applicant for the warrant.

When warrant is controverted.

SEC. 445. If the grounds on which the warrant was issued be controverted, the magistrate must proceed to take testimony in relation thereto.

Testimony reduced to writing.

SEC. 446. The testimony given by each witness must be reduced to writing and authenticated by the magistrate. When property to be restored.

SEC. 447. If it appear that the property taken is not the same as that described in the warrant, or that there is no probable cause for believing the existence of the ground on which the warrant was issued, the magistrate shall cause it to be restored to the person from whom it was taken.

When property was stolen or embezzled.

SEC. 448. If the property taken by virtue of a search warrant was stolen or embezzled, it must be restored to the complainant upon his making satisfactory proof to the magistrate of his ownership thereof, or his right of possession thereto.

Proceedings returned to District Court.

SEC. 449. The magistrate must annex the depositions to the complaint, together with the return and inventory, and return them to the next district court of the county, at, or before its opening, on the first day of the term.