be transmitted to

Commissioner or Justice of the Peace, on giving such security as was required.

Recognizance to (5972.) SEC. 14. Every recognizance, taken pursuant to the Clerk of Court. foregoing provisions, shall be transmitted by the magistrate to the Clerk of the Circuit Court for the County, within twenty days after the taking thereof, and on or before the next term of such Court, and shall be filed by such Clerk.

Breach of Peace in presence of

(5973.) SEC. 15. Every person who shall, in the presence of Magistrate, etc. any magistrate mentioned in the first section of this chapter, or before any Court of Record, make an affray, or threaten to kill or beat another, or to commit any violence or outrage against his person or property, and every person who, in the presence of such Court or magistrate, shall contend with hot and angry words, to the disturbance of the peace, may be ordered, without process or any other proof, to recognize for keeping the peace, for a term not exceeding six months, and in case of refusal, may be committed as before directed.

Person going armed to find

peace.

(5974.) SEC. 16. If any person shall go armed with a dirk, ureties for the dagger, sword, pistol, or other offensive and dangerous weapon, without reasonable cause to fear an assault or other injury, or violence to his person, or to his family or property, he may, on complaint of any person having reasonable cause to fear an injury or breach of the peace, be required to find sureties for keeping the peace, for a term not exceeding six months, with the right of appealing as before provided.

Court may remit part of penalty. Mass., 397.

Surety may sur

render his prin

surrender.

(5975.) SEC. 17. Whenever upon a suit brought on any recognizance entered into in pursuance of this chapter, the penalty thereof shall be adjudged forfeited, the Court may remit such portion of the penalty, on the petition of any defendant, as the circumstances of the case shall render just and reasonable.

(5976.) SEC. 18. Any surety in a recognizance to keep the eipal; Effect of peace, shall have the same authority and right to take and surrender his principal as in other criminal cases, and upon such surrender, shall be discharged and exempt from all liability for any act of the principal subsequent to such surrender, which would be a breach of the condition of the recognizance; and the person so surrendered may recognize anew, with sufficient sureties, before any Justice of the Peace or Circuit Court Commissioner for the residue of the term, and shall thereupon be discharged.

CHAPTER CXCIV.

OF THE ARREST AND EXAMINATION OF OFFENDERS, COMMIT-
MENT FOR TRIAL AND TAKING BAIL.

Chapter One Hundred and Sixty-Three of Revised Statutes of 1816.

may issue process

offenders, etc.

5977.) SECTION 1. For the apprehension of persons charged What officers h offences, excepting such offences as are cognizable by for the arrest of tices of the Peace, the Justices of the Supreme Court, ges of the County Courts, Circuit Court Commissioners, ors and Recorders of cities, and all Justices of the Peace, I have power to issue process and to carry into effect the visions of this chapter.

etc, to be exam

ined.

Complainant, (5978.) SEC. 2. Whenever complaint shall be made to any such magistrate, that a criminal offence, not cognizable by a Justice of the Peace, has been committed, he shall examine on oath the complainant, and any witnesses who may be produced by him.

Proceedings if it

appear that an

committed.

(5979.) SEC. 3. If it shall appear from such examination, offence has been that any criminal offence, not cognizable by a Justice of the Peace, has been committed, the magistrate shall issue a warrant, directed to the Sheriff or any Constable of the County, reciting the substance of the accusation, and commanding him forthwith to take the person accused of having committed such offence, and to bring him before such magistrate to be dealt with according to law, and in the same warrant may require the officer to summon such witnesses as shall be therein named.

Where Warrant may be executed.

When prisoner

may be brought

of County where arrest is made.

(5980.) Sec. 4. If any person against whom a warrant shall be issued for an alleged offence committed within any county, shall, either before or after the issuing of such warrant, escape from, or be out of the county, the Sheriff or other officer to whom such warrant may be directed, may pursue and apprehend the party charged, in any county of this State, and for that purpose may command aid, and may exercise the same authority as in his own county.

(5981.) SEC. 5. In all cases where the offence charged in the before Magi-trae warrant is not punishable with death, or imprisonment in the State prison, and not cognizable by a Justice of the Peace, if the arrest shall be made in any other county than that where the offence is charged to have been committed, and if the person arrested shall request that he may be brought before a magistrate of the County in which the arrest was made, it shall be the duty of the officer or person arresting him, to carry such prisoner before a magistrate of that county.

Buch Magistrate

may take from

recognizance,

etc.

(5982.) SEC. 6. Such magistrate may take from the person person arrested arrested, a recognizance, with sufficient sureties, for his appearance at the Court having cognizance of the offence, and next to be held in the County where the offence shall be alleged to have been committed, and the party arrested shall thereupon be liberated.

Certificate of

Magistrate on

whom recogniz

(5983.) SEC. 7. Such magistrate shall certify on the warrant, Warrant: to the fact of his having let the defendant to bail, and shall ance to be deliv- deliver the same, together with the recognizance taken by him, to the person who made the arrest, who shall cause the same to be delivered without unnecessary delay, to the

@red.

Clerk of the Court before which the accused was recognized to appear.

prisoner not bail

(5984.) SEC. 8. If such magistrate refuse to let to bail the Duty of officer if person so arrested and brought before him, or if no sufficient ed. bail be offered, or the offence be not bailable by such magistrate, or not cognizable by a Justice of the Peace, the person having him in charge shall take him before the magistrate who issued the warrant, or before some other magistrate of the same County, as in the next section prescribed.

rested to be

Magistrate issu

(5985.) SEC. 9. Persons arrested under any warrant issued When persons ar for any offence not cognizable by a Justice of the Peace, shall, brought before where no provision is otherwise made, be brought before the ing Warrant. magistrate who issued the warrant; or if he be absent, or unable to attend, before some other magistrate of the same county; and the warrant, with a proper return thereon, signed by the person who made the arrest, shall be delivered to the magistrate.

་

be adjourned;

isposition of de

fendant.

(5986.) Sec. 10. Any magistrate, for an offence not cogniza- Examination may ble by a Justice of the Peace, may adjourn an examination or trial pending before himself from time to time, as may be necessary, without the consent of the defendant or person charged, and to the same or a different place in the County, as he shall deem necessary; and in such case, the party may, in the mean time; be committed either to the County jail or to the custody of the officer by whom he was arrested, or of any other officer; or unless he shall be charged with a capital offence or the crime of murder in the first degree, he may be recognized in a sum and with sureties to the satisfaction of the magistrate, for his appearance before such magistrate for such further examination.

may be commit

(5987.) SEC. 11. The person accused may be committed as How defendant provided in the preceding section, by the verbal order of the ed, etc. magistrate, or by a warrant under his hand, stating that he is committed for such further examination on a day to be named in the warrant; and on the day therein specified, he may be brought before the magistrate by his verbal order to the same officer by or to whose custody he was committed, or by an order in writing to a different officer.

pear; Duty of Ma

(5988.) SEC. 12. If the person recognized according to the Default to ap foregoing provisions, shall not appear before the magistrate at state. the time appointed for his further examination, the magistrate shall record the default, and shall certify the recognizance, with the record of such default, to the Circuit Court for the

Manner of conducting examina

tion.

Ibid.

Ibid.

Testimony to be

reduced to writing.

Prisoner when to be discharged.

When to be bailed

or committed. 1 Cal. Rep, 9.

County, and the like proceedings shall be had thereon as upon the breach of the condition of a recognizance for appearance before such Court.

(5989.) SEC. 13. The magistrate before whom any person is brought, upon a charge of having committed an offence, and not cognizable by a Justice of the Peace, shall proceed as soon as may be, to examine the complainant, and the witnesses in support of the prosecution, on oath, in the presence of the prisoner, in regard to the offence charged, and in regard to any other matters connected with such charge, which such magistrate may deem pertinent.

(5990.) SEC. 14. After the testimony in support of the prosecution has been given, 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 cross examination of the witnesses in support of the prosecution.

(5991.) SEC. 15. The magistrate, while examining any witness, may exclude from the place of examination all the witnesses who have not been examined; and he may also, if requested, or if he see cause, direct the witnesses, whether for or against the prisoner, to be kept separate, so that they cannot converse with each other, until they shall have been examined.

(5992.) SEC. 16. The evidence given by the several witnesses examined, shall be reduced to writing by the magistrate, or under his direction, and shall be signed by the witnesses respectively.

(5993.) SEC. 17. If it shall appear to the magistrate, upon the examination of the whole matter, either that no offence has been committed, or that there is not probable cause for charging the prisoner therewith, he shall discharge such prisoner.

(5994.) SEC. 18. If it shall appear that an offence not cognizable by a Justice of the Peace has been committed, and Mich. Rep., 609. that there is probable cause to believe the prisoner guilty

4 Denio, 530.

Witnesses to re

thereof, and if the offence be bailable by the magistrate, and the prisoner 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, the prisoner shall be committed to prison for trial.

Complainant and (5995.) SEC. 19. When the prisoner is admitted to bail, or committed by the magistrate, such magistrate shall bind by recognizance, the complainant, and all the material witnesses

cognize.