The Encyclopaedia of Evidence Volume 14

The Encyclopaedia of Evidence Volume 14

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1909 edition. Excerpt: ...of the county. (Burns' R. S. 1894, 1699, 1701, 1703; R. S. 1881, I63o, 1632, 1634). He has no power to require a witness, when subpoenaed to appear at a day in the future, to give a recognizance for his appearance on the day set for trial. In New York, Code Cr. Proc. 586, provides that a defendant, at any time after an order admitting him to bail, instead of giving bail may deposit the sum mentioned in the order with the county treasurer, but there is no provision of law permitting a police justice to accept a cash deposit in lieu of bail. Since Code Cr. Proc. 74, provides that police justices have such jurisdiction, and such only, as is specially conferred upon them by statute, such justice has no jurisdiction to accept a cash deposit as security for the attendance of a witness. McNamara 1/. Wallace, 97 App. Div. 76, 89 N. Y. Supp. 591. Rule Applies to Prosecuting WitMS8----In Kansas under Gen. Stat. 1889, c. 82, 61, when a person voluntarily makes complaint before a justice of the peace or other examining magistrate, and causes a party to be arrested on a charge of felony, being a material witness for the state, the person complaining may be required to enter into recognizance. In re Petrie, I Kan. App. 184, 40 Pac. 118. In the Federal Courts where, upon the arrest of a person as a witness in a criminal case for the United States under Act Aug. 8, 1846, 7, great hardship will be imposed upon him when imprisoned for want of bail, he will be discharged on his own recognizance. United States 2/. Lloyd, 4 Blatchf. 427, 26 Fed. Cas. No. 15,614. The Word "Cognizance" used in a statute relating to the recognizance of a witness, should be construed as though the word...
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Product details

  • Paperback | 576 pages
  • 189 x 246 x 30mm | 1,016g
  • United States
  • English
  • black & white illustrations
  • 1236771877
  • 9781236771872