Jan. 11.

L. 1876. C. 12. § 4: § 3436. The sureties upon any bail bond, shall in all cases justify as to their sufficiency; and the officer taking such bond Sureties to justify: shall certify his approval of the same, as to its form and the manner of its execution and as to the sufficiency of the sureties thereon.

bond, approval of.

Persons found insane. on trial for

custody.

§ 3437. Whenever it shall appear, upon the trial of any crime, how kept in person charged with any crime or misdemeanor, that such person was insane at the time of the commission of the same. and such person shall be acquitted, the jury shall be required to find specially whether such person was insane at the time of the commission of such offense, and to declare whether he was acquitted by them on the ground of such insanity, and if they shall so find and declare, the court before whom the trial was had, shall have power to order such person to be kept in strict custody, in such place and in such manner as to the said court shall seem fit, at the expense of the county in which the trial was had, so long as such person shall continue to be of unsound mind. The same proceedings shall be had if any person indicted for an offense shall, upon arraignment, be found to be a lunatic or habitual drunkard, by a jury lawfully impaneled for the purpose, or if upon the trial of any person so indicted, such person shall appear to the jury charged with such indictment to be a lunatic, in which case the court shall direct such finding to be recorded, and may proceed as aforesaid.

C. L. 1885. chap. 74, $34: Feb. 7, 1856.

Defendant in crimi

nal cases.

C. L. 1885, chap. 45. §8: Sept. 22, 1846.

Prosecutor to pay;

when.

Id. $9.

Prosecutor to pay when no indictment found.

Id. § 10.

Prosecutor, defin

ed.

Id. § 12.

Prosecutions other than by indictment.

Id. § 13.

§ 3438. In criminal cases, if the defendant be convicted, costs shall be adjudged against him.

§ 3439. In all capital cases in which the defendant shall be acquitted, the costs shall be paid by the prosecutor.

§ 3440. In all cases when any person shall be committed or recognized to answer a criminal offense, and no indictment shall be found against such person, the prosecutor shall be liable for the costs.

§ 3441. The person on whose oath or information any criminal prosecution shall have been instituted, shall be considered the prosecutor.

§ 3442. In all prosecutions instituted otherwise than by indictment, if the offender be convicted, the costs shall not be taxed against the United States, the territory or any county.

§ 3443. No subpoena for a witness in any criminal case shall be issued, unless the name of such witness be indorsed on the indictment, or the district attorney shall order the

same.

3444. Whenever a witness in a criminal case is recognized, or subpoenaed, he shall attend under the same until he is discharged by the court, and no cost shall be allowed for any record, recognizance or subpoena against the same wit

ness.

§ 3445. In every cause wherein there is a conviction, the costs shall be adjudged against the defendant.

§ 3446. In every conviction upon which the defendant shall be sentenced to suffer the penalty of death, the county in which the cause originated shall pay the sheriff, or other officer executing the sentence, a reasonable compensation: Provided, That in no case shall the compensation exceed the sum of fifteen dollars, and necessary expenses of executing the sentence; and it shall be the duty of the county commissioners to allow such payment.

See section one thousand seven hundred and ninety-one.

witness not for; exceptions.

Costs, prosecuting

3447. Hereafter, the costs in criminal prosecutions in which there shall be no conviction, the same shall not be taxed against the prosecuting witness, unless the court and jury trying such causes shall find that the prosecution has been 1: Jan. 14. Tr. malicious and without reasonable cause.

liable

L. 1876, chap. 11. §

In change of venue, costs of witnesses,

how paid.

§ 3448. The fees of all witnesses for the prosecution in criminal cases, a trial of which is had in the district court of any county of this territory on change of venue from any other county, shall be paid by the county in which the indictment was found, and the clerk of the district court for the county in which such trial is had, shall, upon the order of such district court, issue orders upon the treasurer of the county in which such indictment is found for the payment of the fees and mileage of such witnesses: Provided, When a change of venue is taken in any criminal case the clerk of the court in [the] county from whence the case is changed shall notify the clerk of the district court where the same is tried Feb. 23. of the amount available for witness fees in such case.

C. 61. L. 93, § 19;

§ 3449.

FUGITIVES FROM JUSTICE.

Any person charged in any state or territory of the United States with treason, felony or other crime, and

Fugitives, delivery of: when.

C.L. 1865, chap. 61. § 59: Feb. 1. 1856. Tr.

Process: who may

issue.

Id. § 60.

Fugitives, apprehension of: proced

ure.

Id. § 61.

Fugitive; confinement of.

Id. § 62.

Fugitive to be admitted to bail, when.

Id. § 63.

leased: when.

who shall escape from justice and be found in this territory. shall be, on a requisition from the executive authority of the state or territory from which he shall have escaped, delivered up by the governor of this territory, in order that he may be carried to the state or territory that has jurisdiction of said crime.

§ 3450. Any justice of the peace or other authority shall have power to issue a process for the apprehension of any person thus charged, who shall have fled from justice and be found in this territory.

§ 3451. The proceedings for the apprehension and impris onment of any person charged with a criminal offense shall be in all respects similar to those proceedings in our code for the apprehension and imprisonment of a person charged with a criminal offense, with the exception, that an exemplified copy of the accusation attached to other judicial proceedings had against him in the state or territory in which he may have been charged to have committed the offense, shall be received as conclusive evidence before the justice.

§ 3452. If it should appear on the examination, that the person accused, has committed the crime alleged, the justice, by a written order setting forth the accusation, shall confine him in jail for any time specified in the order that he may deem sufficient, in order that the arrest of the fugitive may be made by order of the executive of this territory, upon a requisition of the executive authority of the state or territory in which he shall have committed the offense, unless the accused shall give security, as provided in the following section, or until he shall be legally set at liberty.

§3453. It shall be the duty of the justice of the peace, unless the offense of which the fugitive is charged shall be proved to be an offense that merits capital punishment according to the laws of the state or territory in which the of fense was committed, to admit the person arrested to bail under a bond with sufficient securities, in any sum that the justice may deem sufficient for his appearance before him at the time specified in the bond given, and to deliver himself up for the purpose of being arrested upon the requisition of the governor of this territory.

Fugitive to be re- § 3454. The person so arrested shall be set at liberty under the bond, unless that before the time designated in the order or bond, he shall be arrested under a process from the governor of this territory.

Id. § 64.

Bond: procedure if forfeited.

Id. § 65.

Fugitives to be released or bailed: when.

§ 3455. If the fugitive should be set at liberty under bonds, and shall fail to deliver himself up according to his bond, the justice shall indorse on his bond, Forfeited, signing his name to the same, and transmit it to the clerk of the district court by the first day of the next ensuing term, and a conditional judgment shall be rendered thereon, and proceedings had as in case of forfeited bonds in that court, the indorsement of the justice being presumptive evidence of the forfeiture.

§ 3456. At the expiration of the time specified in the process, the justice may set him at liberty, or remand him to jail until the following day, or may admit him to bail for his ap

C. L. 1865, chap. 61,

Fugitives; disere

pearance and surrender, as provided in section three thousand four hundred and fifty-three; if he shall have given bond, $66; Feb. 1. 1856. Tr. and shall appear according to the bonds entered into, the justice may set him at liberty or may require him to give new bonds for his appearance and surrender at any future day. $3457. Any person against whom prosecution shall have tion of governor. been commenced under the laws of this territory for an offense against the law, any such person may be surrendered or not surrendered, at the discretion of the governor, before he shall have been tried or set at liberty, or if he shall be sentenced or punished for the same.

Id. § 67.

Process of execuhow to

served;

§ 3458. The process of the executive may be directed to tive; the sheriff or any other officer or person who may be deemed competent to take charge of the examination.

§ 3459. Such process shall authorize the officer or person to whom it is directed, to arrest the fugutive in any place within the limits of the territory, and to require the assistance of all sheriffs and constables to whom the process may be shown, to aid in the execution thereof.

§ 3460. Every officer or person charged with the execution or service of the process has the same authority to arrest the fugitive, to require assistance to do so, as sheriffs and other officers have by law in the execution of process directed to them, and those who shall refuse to assist them shall be subject to the same penalties.

Id. § 68.

be

Process; effect of.

Id. § 69.

Process; authority to execute.

Id. § 70.

Fugitive; authori

§ 3461. The officer or person executing such process may, ty to contine. when it shall be necessary, contine the prisoner arrested by him, in the jail of any county through which he may pass, and the jailer of said jail shall receive and keep him securely until the person who has him in charge is ready to proceed on his way with him, and said person shall be responsible for the payment of the expenses of his retention in jail.

Id. § 71.

Building committee: how to be constituted.

Powers.

L. 1884, chap. 58. §

1: March 29.

Bonds; issue authorized.

§ 3462. The governor of the territory, and his successor in office, Mariano S. Otero, Narciso Valdez, W. L. Rynerson, Jose Montano, Antonio Abeyta y Armijo, Roman A. Baca, Vicente Mares, John C. Joseph, Cristobal Mares, Lorenzo Lopez. Rafael Romero and A. S. Potter, are hereby constituted a capitol building committee to contract for and superintend the erection of capitol buildings for the Territory of New Mexico, to be erected at Santa Fe, with powers to procure necessary grounds therefor, and to let contracts for the erection of such buildings in such manner as to them may seem to the best interest of the territory, letting the same in one entire contract, or portions thereof, to different contractors, as their judgment may direct.

§3463. For the purpose of the erection of said buildings, there is hereby created a bonded indebtedness on behalf of