CHAPTER V. The Judgment and Its Execution. SEC. 47. When the defendant pleads guilty, or is convicted, either by the court or by a jury, the court must render judgment. The judgment may require the defendant: 1. To pay a fine; or, 2. To be imprisoned; or, 3. To pay a fine and the costs of prosecution; or, 5. To pay a fine and the costs of prosecution and also to be imprisoned. Judgment. of fine and costs may also SEC. 48. A judgment requiring the defendant to pay Judgment rea fine, or a fine and the costs of prosecution, may also di- quente rect that he be imprisoned at hard labor until such fine, direct imprisonor such fine and costs, as the case may be, are paid, in the men at hard proportion of one day's imprisonment for every dollar of the fine and costs. labor. quiring payment enforced. acquitted must discharged SEC. 49. A judgment that the defendant pay a fine, Judgment reor a fine and costs, may be enforced by execution as in of fine, how civil cases. SEC. 50. When the defendant is acquitted, either by Defendant, when the court or by the jury, he must be immediately dis- be immediately charged; and if it appear to the court that the prosecution Court may order was malicious or without probable cause, it may order the complaining complaining witness to pay the costs of the action, or to give satisfactory security by a written undertaking, with one or more sureties, to pay the same within thirty days after the trial. witness to pay costs, when. against com must be en. SEC. 51. If the complaining witness does not pay Judgment the costs, or give security therefor, the court may enter plaining witness judgment against him for the amount thereof, which may forced, how. be enforced in all respects in the same manner as a judgment rendered in a civil action. for judgment. SEC. 52. After a plea or verdict of guilty, or after a Appointing time verdict against the defendant, on a plea of a former conviction or acquittal, the court must appoint a time for rendering judgment, which must not be more than two days nor less than six hours after the verdict is rendered, unless the defendant waive the postponement. If postponed the When judgment of fine only is rendered, defendant must be discharged. Proceedings of imprisonment is entered. court may hold the defendant to bail to appear for judgment. Unless such postponement is demanded it shall be deemed to be waived. SEC. 53. If judgment of acquittal is given, or judgment imposing a fine only, without imprisonment for nonpayment, and the defendant is not detained for any other legal cause, he must be discharged as soon as the judgment is given. SEC. 54. When a judgment of imprisonment is when judgment entered, a certified copy thereof or an order of commitment reciting the facts of the conviction and judgment must be delivered to the sheriff, marshal, or other officer, which is a sufficient warrant for the execution of the judg Defendant not until fine and costs are paid. ment. SEC. 55. When a judgment is entered imposing a to be discharged fine, or a fine and costs, and ordering the defendant to be imprisoned until the fine, or fine and costs, are paid, a certified copy of the judgment or an order of commitment reciting the facts of the conviction and judgment may be delivered to the officer who must hold the defendant in custody during the time specified in the judgment, unless the fine, or fine and costs, are sooner paid. In no case must the total amount of fine and costs be as great as three hundred dollars. Defendant must be discharged upon payment of etc. SEC. 56. Upon payment of the fine, or fine and Costs, the officer must discharge the defendant, if he is not the fine, except, detained for any other legal cause, and deliver the money to the justice, who shall apply it to the payment of the expenses of the prosecution, and pay over the residue, if any, within thirty days to the county or city treasurer, according as the offense is prosecuted for the violation of a Territorial statute or city ordinance. If a fine is imposed, and paid before commitment, it must be applied as prescribed in this Chapter. Defendant may be admitted to CHAPTER VI. Bail. SEC. 59. The defendant at any time after his arrest, bail at any time, and before conviction, may be admitted to bail. Admission to SEC. 60. Admission to bail is the order of a compe- bail is an order tent court or magistrate that the defendant be discharged discharging from actual custody upon bail. defendant. ceptance of a SEC. 61. The taking of bail consists in the accept- The taking of ance, by a competent court or magistrate, of the undertak- bail is the acing of sufficient bail for the appearance of the defendant sufficient underaccording to the terms of the undertaking, or that the bail will pay to the people of this Territory a specified sum. taking. of bail. SEC. 62. The defendant, at any time after the mak- Defendant may ing of an order admitting him to bail, instead of giving deposit amount bail, may deposit with the magistrate or 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 must be discharged from custody. SEC. 63. If the defendant has given bail, he may, at any time before the forfeiture of the undertaking, in like manner deposit the sum mentioned in the recognizance, and upon the deposit being made the bail is exonerated. After defendant has given bail he may deposit amount of, etc. money on de SEC. 64. When money has been deposited, if it Court may apply remain on deposit at the time of a judgment for the pay-posit to payment ment of a fine, the court may apply the money in satisfac- of fine, etc. tion thereof, and after satisfying the fine and costs, must refund the surplus, if any, to the defendant. Surrender of the Defendant. fendant at any SEC. 65. At any time before the forfeiture of their The bail may undertaking the bail may surrender the defendant in their surrender de exoneration, or he may surrender himself, to the officer to time before forwhose custody he was committed at the time of giving bail, in the following manner. feiture. First-A certified copy of the undertaking of the Manner of. bail must be delivered to the officer who must detain the defendant in his custody thereon as upon a commitment, and by a certificate in writing acknowledge the surrender. Second-Upon the undertaking and the certificate of the officer, the court in which the action is pending must order that the bail be exonerated, and on filing the order and the papers used on the application, they are exonerated accordingly. arrest defendant for the purpose SEC. 66. For the purpose of surrendering the defend- The bail may ant, the bail at any time before they are finally discharged, and at any place within the Territory, may themselves arrest of surrendering him, or by a written authority endorsed on a certified copy of the undertaking, may empower any person of suitable age and discretion to do so. him. If money has been deposited, turned if defen. it must be re dant surrender himself. feited. SEC. 67. If money has been deposited instead of bail, and the defendant, at any time before the forfeiture thereof, surrenders himself to the officer to whom the commitment was directed, in the manner provided in the last two sections, the court must order a return of the deposit to the defendant, upon producing the certificate of the officer showing the surrender. Forfeiture of the undertaking of Bail or of the deposit of SEC. 68. If, without sufficient excuse defendant negWhen bail is for- lects to appear 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 magistrate must direct the fact to be entered upon the minutes, and the undertaking of bail, or the money deposited instead of bail, as the case may be, is thereupon declared forfeited. But if at any time before the final adjournment of the court, the defendant or his bail, appear Court may direct and satisfactorily excuse his neglect, the court may direct the forfeiture of the undertaking or the deposit to be discharged upon such terms as may be just. the forfeiture to be discharged, when. Prosecuting at SEC. 69. If the forfeiture is not discharged, as protorney may provided in the last section, the prosecuting attorney may at any time, after the adjournment of the court proceed by action only against the bail upon their undertaking. ceed by action against bail, when. Money deposited as bail, when forfeited, must be paid into the county treasury Manner and form of giving bail. SEC. 70. If, by reason of the neglect of the defendant to appear, money deposited instead of bail is forfeited, and the forfeiture is not discharged or remitted the magistrate with whom it is deposited must within five days after the bail is forfeited pay over the money deposited into the county treasury of the county in which the offense was committed. SEC. 71. Bail is put in by a written undertaking, executed by two sufficient sureties (with or without the defendant in the discretion of the 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 offense) upon which he has been admitted to bail in the sum of- dollars; we, E. F. and G. H. (stating their place of residence and occupation,) hereby undertake that the above named C. D. will appear and answer the charge above mentioned, in whatever court it may be prosecuted, and will at all times hold himself amenable to the orders and process of the court, and if convicted, will appear for judgment and render himself in execution thereof, or if he fails to perform either of these conditions, that we will pay to the people of the Territory of Utah the sum of-dollars (inserting the sum in which the defendant is admitted to bail). Qualification of SEC. 72. The qualifications of bail are as follows: First-Each of them must be a resident, and house- bail, holder, or freeholder within the Territory; but the court or magistrate may refuse to accept any person as bail who is not a resident of the county in which the offense was committed where bail is offered; Second-They must each be worth the amount specified in the undertaking exclusive of property exempt from execution; but the court or magistrate, on taking bail, may allow more than two sureties to justify severally in amounts less than that expressed in the undertaking, if the whole justification be equivalent to that of sufficient bail. SEC. 73. The bail must in all cases justify by affidavit taken before the magistrate, that they each possess the qualifications provided in the preceding section. The magistrate may further examine the bail upon oath concerning their sufficiency, in such manner as he may deem proper. Defendant to be SEC. 74. Upon the allowance of bail, and the execution of the undertaking, the magistrate must, if the de- discharged upon fendant is in custody, make and sign an order for his allowance of discharge upon the delivery of which to the proper officer the defendant must be discharged. bail. CHAPTER VII. Subpœnas. What is a sub SEC. 78. The process by which the attendance of witnesses before a court or magistrate is required is a poena, subpoena. |