1822 - Edocs

irty held to bail
omnutment.
Fitnesses.
>utv of solicitor.
testimony to be
mtten.
delivery to jailor,
posse comitatus,
.'mpressment ice-
Justices to state
whether prison e
is bailable.
152
10 a prosecution for the same offence in the circuit or superior
court.
3. Be it further enacted, That, if the said justices shall
be of opinion that the prisoner ought to be tried in the
circuit or superior court, having jurisdiction of the of-
fence, if it be a bailable offence, they shall require a recognizance
with one or m >re good securities, conditioned
for the appearance of the prisoner on the first day of the
next term of the circuit, or superior -court, and that he
shall not depart thence without leave af the court, which
recognizance shall be payable to the Territory of Florida >
and for breach thereof, it shall he the duty of the prosecuting
attorney to sue out a scire facias, and the court
shall give judgment against the party or his securities for
default, and breach of said recognizance, and if the prisoner
fail to give such good and approved security, in a
reasonable sum, proportioned to the offence, the justice
shall commit him to the jail of the county, until the next
term of the court, having jurisdiction of the offence—and
shall also recognize all the material witnesses as hereafter
directed to appear at the next court, under a reasonable
penalty, to give evidence against the prisoner, and
not to depart without leave of the court.
4. Be itfurther enacted. That, it shall be the dutv of the
solicitor for th : county to attend all such trials and pro-
secute for the Territory, and see that the proceedings are
regular, and write warrants or recognizances for the jusices,
when required so to do ; and it shall be the duty of
the sheriff or constable apprehending said prisoner, to notify
the solicitor, if he be within the county.
5. Be it further enacted, That, it shall be the duty of
the justices of the peace, before whom the examination of
the prisoner is had, to takedown all the testimony pro.
and con. and return the same to the clerk of the court,
having. cognizance of the offence, for the information of
the prosecuting attorney.
6. Be it further enacted, That, it shall be the dutv of
the sheriff or constable upon the order of the justices for
the commission ^f a prisoner to jail, safely to deliver
htm to the jailor of the county where he is by law to be
tried, and for that purpose may summon the posse comitatus,
and impress horses, and it shall be the duty of the
jailor safeiy to keep the said prisoner until he shall be
discharged by due course of law.
7. Be it further enacted, That, if the said prisoner shall
be bailable by law, the justices shall enter that opinion
in their proceedings and the sum in which he ought to be
bound, and it shall be lawful for any judge of the superior
or circuit court to admit the prisoner to bail at any
time thereafter upon his entering into a recognizance, as
heretofore directed, and the judge shall transmit the re