discharged by the court; and no costs shall be allowed for any subsequent recognizance or subpoena against the same witness. Sec. 417. Whenever the tribunal transacting county business of any county of which the offender shall have committed any crime, for which he is imprisoned, may be satisfied of the necessity of so doing, may make an allowance for ironing the prisoner, and may allow a moderate compensation for medical services, fuel, bedding, and menial attendance, for any prisoner, which shall be paid out of the county treasury. Sec. 418. All fines and penalties imposed, and all forfeitures incurred in any county, shall be paid into the treasury thereof, for the benefit of said county. Sec. 419. The clerks of the several courts in the territory in which any criminal cause shall have been determined or continued generally, and in which the territory or county shall be liable for costs, shall, before the next succeeding term, tax all costs which shall have accrued in the same, and make out and deliver to the attorney prosecuting in said court, within the time aforesaid, a complete fee bill, specifying each item of service, and the fee therefor; and if any clerk fail to perform the duties hereby enjoined on him, any person injured by such neglect, may, by motion in said court, giving two days' notice thereof to such clerk or his deputy, recover against the clerk treble the amount of costs to which he is entitled in the cause, in which the clerk shall have failed to make out and deliver to the prosecuting attorney a fee bill. Sec. 420. It shall be the duty of the sheriff of any county to make out a bill of all fees due him in any criminal case, or for summoning any grand or petit jury in a criminal action, within twenty days after the close of each term of the court, during which such fees were incurred by the county, and to present the same to the attorney prosecuting for such county, who shall ascertain, as far as practicable, whether the services have been rendered for which charges are made, and whether compensation is expressly given by law for the services charged, or whether greater charges are made than the law authorizes; and if he find that the said fee bill has been made out in conformity with law, he shall so certify in his official capacity; if he do not so find, he shall point out to the sheriff wherein such bill is incorrect; if the sheriff fail to obtain such certificate from the district attorney, the county commissioners, or other tribunal transacting county business, may refuse to allow the same, unless it appear to them that the district attorney has acted unfairly, or has been mistaken in the premises. Sec. 421. The clerk of the district court shall keep the time of attendance of all jurors in criminal cases, and shall certify the same to the county clerk. Sec. 422. Witnesses for the territory in criminal cases shall make out a bill, under oath, of the fees to which they are entitled in each case, and file the same with the clerk of the district court; and the county shall pay the said clerk of the district court for the services required to be rendered in this and preceding section. CHAPTER XVII. WITNESSES. Sec. 423. Witnesses-how served. Sec. 424. Sec. 425. Of disobedience to subpæna. Witnesses to attend from any part of territory-fees. Sec. 427. Not necessary to tender fees to witness. Sec. 429. When 'deposition taken by defendant. Section. 423. Witnesses shall be served with subpoena in the same manner as in civil cases. Sec. 424. Disobedience to a subpoena, or a refusal to answer as a witness, may be punished by the court or magistrate as a contempt in the same manner as in civil cases. Sec. 425. Witnesses may be required to attend from any part of the territory in criminal cases, and be entitled to the same fees as witnesses in civil cases. Sec. 426. Every person indicted or prosecuted for a criminal offence shall be entitled to subpoenas and compulsory process for witnesses in like manner, and under like circumstances, as parties in civil cases. Sec. 427. It shall not be necessary to pay or tender any fees. whatever to any witness summoned on the part of the territory, or on the part of the defendant, but such witness shall be bound to attend, and be liable for his non-attendance in the same manner as if the fees allowed witnesses had been duly paid to him. Sec. 428. The depositions shall be taken and returned in the same manner prescribed by law in civil cases; and such depositions shall be read in like cases and with like effect and subject to the same rules as in civil cases. Sec. 429. When any issue of fact is joined to any criminal case, if any material witness for the defendant resides out of the territory, enceinte, sick, or infirm, or is bound on a voyage, or is about to leave the territory, such defendant may apply to the court in which the cause is pending for leave to take the deposition of such witness, and the court may grant the same in its discretion. Such deposition, if taken, shall be taken according to the rules prescribed for taking depositions in civil cases. CHAPTER XVIII. MISCELLANEOUS PROVISIONS. Sec. 430. When stolen or embezzled property is concealed. Sec. 432. Place or house searched on proof. Sec. 433. Warrant-by whom executed. Sec. 434. Person committed to jail may be searched. Sec. 436. Magistrate may order such property delivered to owner. Sec. 437. If such property in custody of magistrate delivered to owner on payment of expenses, &c. Sec. 438. Sec. 439. Sec. 440. Sec. 441. Court may order property delivered to owner. If property not claimed may be sold. If property living animal, or perishable, may be sold. Sec. 442. Warrants in criminal cases-how signed. Sec. 444. Conveyance of prisoner from one county to another. Sec. 454. Term "person" may include territory, United States, &c. when. Sec. 457. Governor may offer reward for fugitive—when. counted. Sec. 461. Property liable for costs when arrest made: Sec. 464. If defendant declare he is insane when arraigned court to institute inquiry. Sec. 465. If sane, trial to proceed; if insane, retained in custody. Sec. 466. If become sane returned to court and tried. Sec. 467. Costs of keeping insane defendant-how paid. Section 430. Upon complaint being made on oath to any officer authorized to issue process for the apprehension of offenders, that any personal property has been stolen or embezzled, and that the complainant has reason to believe that such property is concealed in any particular house or place, if such magistrate shall be satisfied that there is reasonable ground for such suspicion, he shall issue a warrant to search for such property. Sec. 431. Such warrant shall be directed to the sheriff of the county, and shall command him to search the place where such property is suspected to be concealed in the daytime, which place shall be designated, and the property particularly described in such warrant, and to bring such property before the magistrate issuing the warrant. Sec. 432. If there be positive proof that any property stolen or embezzled is concealed in any particular place or house, the warrant may order the searching of such place or house. Sec. 433. Every such warrant shall be executed by a public officer, and not by any other person. Sec. 434. Any magistrate who shall commit any person charged with an offence to jail, or by whom any vagrant or disorderly person may be committed, may cause such person to be searched for the purpose of discovering any money or property he may have, and, if any be found, the same may be taken and applied to the support of such person while in confinement. Sec. 435. When property alleged to have been stolen shall come into the custody of any sheriff, coroner, constable, marshal, or any person authorized to perform the duties of such officer, he shall hold the same, subject to the order of the officer authorized to direct the disposition thereof. Sec. 436. Upon receiving satisfactory proof of the title of any owner of such property, the magistrate who shall take the examination of the person accused of any of the offences referred to in the preceding section, may order the same to be delivered to such owner on his paying the reasonable and necessary expenses incurred in the preservation of such property, to be certified by such magistrate, which order shall entitle the owner to demand and receive such property. Sec. 437. If such property come into the custody of any magistrate, upon satisfactory proof of the title of any owner thereof, it shall be delivered to him on the payment of the necessary expenses incurred in the preservation thereof, to be certified by such magistrate. Sec. 438. If such property shall not have been delivered to the owner thereof, the court before which a conviction shall be had for the stealing, embezzling, or obtaining such property, may, upon proof of the ownership of any person, order the same to be restored to him, on the payment of the expenses incurred in the preservation thereof. Sec. 439. If such property shall not be claimed by the owner within six months from the time any person shall have been convicted of obtaining it in any of the modes referred to in this act, the court or magistrate authorized by the preceding provisions to order a restoration may order the same to be sold; and the proceeds of the sale, after payment of the expenses of preservation and sale of the property, shall be paid in the county treasury for the use of the county. Sec. 440. If the property thus obtained be a living animal, or be of a perishable nature, the court or magistrate authorized to order a restoration may order a sale thereof, and the proceeds shall be applied in the same manner herein before directed in respect to such property. Sec. 441. In case of sale, as specified in the last section, a particular description of the property shall be made out in writing, and filed with the court or officer making the order of sale, so that the owner may identify the same, if he shall claim the proceeds within the time limited by law for making his claim. Sec. 442. Warrants authorized by law to be issued in criminal cases may be under the hand of the magistrate issuing the same, and shall be as valid and effectual in all respects as if sealed. Sec. 443. All recognizances required or authorized to be taken in any criminal proceedings in open court by any court of record, shall be entered on the minutes of such court, and the substance thereof shall be read to the person recognized; all other recognizances in any criminal matter or proceeding, or in any proceeding of a similar nature, shall be in writing, and subscribed by the parties to be bound thereby. Sec. 444. Every officer or other person who shall have arrested, or have in his custody, under authority of the laws of this territory, any prisoner who is to be conveyed from one county to another, may take such prisoner through such parts of any county as shall be in the ordinary route of travel from the place where such prisoner shall have been arrested to the place where he is to be conveyed and delivered under the process or authority by which such prisoner shall have been arrested or detained. Sec. 445. The officer or person having such prisoner in charge shall not be liable to arrest in civil process while on his route; and he shall have the like power to require any person to aid in securing such prisoner, and retaking him if he escapes, as sheriffs or other officers have in their own county; and a refusal or neglect to render such aid shall be an offence punishable in the same |