reasonable to be given to the district attorney of the county where the examination is had.

SEC. 499. After conviction of an offence not punishable with death, a defendant who has appealed may be admitted to bail: First. As a matter of right, where the appeal is from a judgment imposing a fine only. Second. As a matter of discretion in all other cases.

SEC. 500. 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 at the court to which the magistrate is required, by section one hundred and seventy-two, to return the depositions and statement upon the defendant being held to answer after the examination. Third. After indictment, either before the bench warrant is issued for his arrest, or upon an order of the court committing 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.

SEC. 501. After conviction and upon an appeal, the defendant may be admitted to bail as follows: First. If the appeal be from a judgment imposing a fine only, on the recognizance of bail that he will pay the same, or such part of it as the appellate court may direct, if the judgment be affirmed or modified, or the appeal dismissed. Second. If judgment of imprisonment have been given, that he will surrender himself in execution of the judgment, upon its being affirmed or modified, or upon the appeal being dismissed.

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SEC. 502. When the defendant has been held to answer, provided in section one hundred and sixty, the admission of bail may be by the magistrate by whom he is so held, or by any magistrate who has power to issue the writ of habeas corpus.

SEC. 503. Bail is put in by a written recognizance, executed by two sufficient sureties, (with or without the defendant, in the discretion of the court or magistrate), and acknowledged before the court or magistrate, in substantially the following form: "An order having been made on the

day of

-, A. D., 18—, by A. B., a justice of the peace of county, (or as the case may be), that C. D. be held to answer upon a charge of (stating briefly the nature of the offence), upon which he has been duly admitted to bail in the sum of

dollars; we, E. F. and G. H., (stating their place of residence), hereby undertake that the above named C. D. shall appear and answer the charge above mentioned, in whatever court it may be prosecuted, and shall, at all times render him

First.

self amenable to the orders and process of the court, and, if convicted, shall appear for judgment and render himself in execution thereof, or, if he fail to perform either of these conditions, that we will pay to the people of the United States of the territory of Idaho, the sum of - dollars, (inserting the sum in which the defendant is admitted to bail)." SEC. 504. The qualifications of bail are as follows: Each of them must be a resident within the territory; but the court or magistrate may refuse to accept any person as a bail who is not a resident of the county where the bail is offered. Second. They must each be worth the amount specified in the recognizance, exclusive of property exempt from execution; but the court or magistrate, on taking bail, may allow more than two bail to justify severally in amounts less than that expressed in the recognizance, if the whole justification be equivalent to that of two sufficient bail.

SEC. 505. The bail shall, in all cases, justify by affidavit, taken before the court or magistrate, as the case may be. The affidavit must state that they each possess the qualifications provided in section five hundred and four.

SEC. 506. The court or magistrate may thereupon further examine the bail, upon oath, concerning their sufficiency, in such manner as the court or magistrate may deem proper.

SEC. 507. When the offence charged in the indictment is not capital, the officer serving the bench warrant shall, if required, take the defendant before a magistrate in the county in which it is issued, or in which he is arrested, for the purpose of giving bail, as prescribed in sections two hundred and sixtyone and two hundred and sixty-four.

SEC. 508. If the offence charged in the indictment be capital, the officer arresting the defendant shall deliver him. into custody, according to the command of the bench warrant, as prescribed in section two hundered and fifty-nine.

SEC. 509. When the defendant is so delivered into custody he shall be held by the sheriff, unless admitted to bail on examination, upon a writ of habeas corpus.

SEC. 510. The bail must be put in by a written recognizance executed by two sufficient sureties, (with or without the defendant, in the discretion of the court or magistrate), and acknowledged before the court or magistrate, in substantially the following form:

An indictment having been found, on the day of A. D., eighteen hundred and

trict of

in the court of the dis

(as the case may be), charging A. B. with the crime of designating it generally), and he having been duly admitted to bail in the sum of - dollars, we, C. D. and

E. F., (stating their place of residence), hereby undertake that the above named A. B. shall appear and answer the indictment above mentioned, in whatever court it may be prosecuted, and shall at all times render himself amenable to the orders and processes of the court, and if convicted, shall appear for judg ment, and render himself in execution thereof; or, it he fail to perform either of these conditions, that we will pay to the people of the United States, of the territory of Idaho, the sum of dollars (inserting the sum in which the defendant is

held to bail).

SEC. 511. The provisions contained in sections five hundred and four and five hundred and six, both inclusive, in relation to bail, shall apply to the qualifications of the bail, and to all the proceedings respecting the putting in and justifying of bail and incident thereto.

SEC. 512. In the cases in which the defendant may be admitted to bail, upon an appeal, as provided in section four hundred and ninety-nine, the order admitting him to bail may be made by any magistrate having the power to issue a writ of habeas corpus.

SEC. 513. When the admission to bail is a matter of discretion, the court, or officer by whom it may be ordered, shall require such notice of the application therefor as he may deem reasonable, to be given to the district attorney of the county in which the verdict or judgment was originally rendered.

SEC. 514. The bail must possess the qualifications, and must be put in in all respects as above provided, except that the condition of recognizance shall be to the effect that the defendant will in all respects abide the orders and judgment of the appellate court upon the appeal.

SEC. 515. The defendant, at any time after an order admitting him to bail, may deposit with the clerk of the 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. This may be done instead of giving bail.

SEC. 516. 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.

SEC. 517. When money has been deposited, if it remain on deposit at the time of a judgment for the payment of a fine, the clerk shall, under the direction of the court, apply the money in satisfaction thereof; and, after satisfying the fine and costs, shall refund the surplus, if any, to the defendant. SEC. 518. At any time before the forfeiture of the recog

nizance, the bail may surrender the defendant in their exoneration, or he may surrender himself to the officer, to whose custody he was committed, at the time of giving bail, in the following

manner:

SEC. 519. A certified copy of the recognizance of bail shall be delivered to the officer, who shall detain the defendant in his custody thereon as upon a commitment, and shall, by a certificate in writing, acknowledge the surrender. Second. Upon a recognizance and a certificate of the officer, the court in which the action is pending may, upon notice of five days to the district attorney of the district, with a copy of the recognizance and certificate, order that the bail be exonerated; and on filing the order and the papers used on the application, they shall be exonerated accordingly.

SEC. 520. For the purpose of surrendering the defendant, the bail, at any time before they are finally discharged, and at any place within the territory, may themselves arrest him, or by a written authority, endorsed on a certified copy of the recognizance, may empower any person of suitable age and discretion to do so.

SEC. 521. If money have been deposited instead of bail, and the defendant, at any time before the forfeiture thereof, shall surrender himself to the officer to whom the commitment was directed, in the manner provided in the last two sections, the court shall order a return of the deposit to the defendant, upon producing the certificate to the officer, showing the surrender, and upon a notice of five days to the district attorney, with a copy of the certificate.

SEC. 522. If, without sufficient excuse, the defendant neglect to appear for arraignment, or for trial or judgment, or upon any other occasion when his presence in court may be lawfully required, or to surrender himself in execution of the judgment the court shall direct the fact to be entered upon its minutes, and the recognizance, or the money deposited instead of bail, as the case may be, shall thereupon be declared forfeited.

SEC. 523. If, at any time before the final adjournment of the court, the defendant appear and satisfactorily excuse his neglect, the court may direct the forfeiture of the recognizance or the deposit to be discharged, upon such terms as may be just.

SEC. 524. If the forfeiture be not discharged, as provided in the last section, the district attorney may, at any time after the adjournment of the court, proceed by action only against the bail upon their recognizance.

SEC. 525. If, by reason of the neglect of the defendont to appear, as provided in section five hundred and twenty-two,

money deposited instead of bail is forfeited, and the forfeiture be not discharged or remitted, as provided in section five hundred and twenty-three, the clerk with whom it is deposited shall, immediately after the final adjournment of the court, pay over the money deposited, to the county treasurer.

SEC. 526. The court to which the committing magistrate shall return the dispositions and statement, or in which an indictment or an appeal is pending, or to which a judgment on appeal is remitted to be carried into effect, may, by an order to be entered on its minutes, direct the arrest of the defendant and his commitment to the officer to whose custody he was committed at the time of giving bail, and his detention until legally discharged, in the following cases: First. When, by reason of his failure to appear, he has incurred a forfeiture of his bail, or of money deposited instead thereof, as provided in section five hundred and twenty-two. Second. When it satisfactorily appears to the court that his bail, or either of them, are dead, or insufficient, or have removed from the territory. Third. Upon an indictment being found in the cases provided in section two hundred and sixty-five.

SEC. 527. The order for the recommitment of the defendant shall recite generally the facts upon which it is founded, and shall direct that the defendant be arrested by any sheriff, constable, marshal or policeman within this territory, and committed to the custody of the sheriff of the county where the depositions and statement were returned, or the indictment was found, or the conviction was had, as the case may be, to be detained until legally discharged.

SEC. 528. The defendant may be arrested pursuant to the order, upon a certified copy thereof, in any county, in the same manner as upon a warrant of arrest, except that when arrested in another county, the order need not be endorsed by a magistrate of that county.

SEC. 529. If the order recite, as the grounds upon which it is made, the failure of the defendant to appear for judgment upon conviction, the defendant must be committed according to the requirement of the order.

SEC. 530. If the order be made for any other cause, and the offence be bailable, the court may fix the amount of bail, and may cause a direction to be inserted in the order that the defendant be admitted to bail in the sum affixed, which shall be specified in the order.

SEC. 531. When the defendant is admitted to bail, the bail may be taken by any magistrate in the county having authority in a similar case to admit to bail upon the holding of the defendant to answer before indictment, as prescribed in