Oct. 19, 1864, $3.1. Statement of defendant, how authenticated. Oct. 19, 1864, 392. Statement of defendant, when used as evidence. Id., § 393. 1. It must set forth that the defendant was informed of his rights as provided in section 1594 [387], and that after being so informed he made the statement; 2. It need not contain the questions put to the defendant, but must contain his answers thereto, with the corrections and additions, if any are made; 3. It may be signed by the defendant, but if he refuses to sign it, his reason therefor must be stated as he gives it; 4. It must be signed and certified to by the magistrate. § 1599. [392.] The statement of the defendant is competent testimony to be laid before the grand jury, and may be given in evidence against the defendant on the trial. § 1600. [393.] After the waiver of the defendant to Examination make a statement, or after he has made it, his witnesses, if he produce any, must be sworn and examined. of defendant's witnesses. Id., §3.4. Magistrate may exclude witnesses. Id., § 395. Testimony need not be reduced to writing, except. Id., § 396. and testimony. Oct. 19, 1864, $397. Violation of last section. Oct. 19, 1864, 398. § 1601. [394.] The magistrate may exclude the witnesses who have not been examined during the examination of the defendant, or during the examination of a witness for the state or the defendant. § 1602. [395.] The testimony of the witnesses need not be reduced to writing, except as provided in section 1549 [343], but the magistrate must make a memorandum of the name of each witness, his place of residence, and business or occupation. § 1603. [396.] The magistrate must keep the statement and depositions taken on the information, the statement of the defendant, if any, together with the memorandum specified in sections 1595 [388] and 1602 [395], until they are returned to the proper court, and must not permit them to be inspected by any person except the district attorney of the county or the attorney who acts for him, and the defendant and his counsel. § 1604. [397.] A violation of the last section is punishable as a contempt by the court having jurisdiction of the crime charged against the defendant. § 1605. [398.] The informant may employ counsel to appear against the defendant on the examination in Oct. 19, 184, $398. every stage of the proceedings; but the district attorney Informant may counsel. for the county, either in person or by some attorney employ $399. Defendant, discharged. § 1606. [399.] After hearing the proofs, and the state- Oct. 19, 1864, ment of the defendant, if he have made one, if it appear either that a crime has not been committed, or that there when and how is no sufficient cause to believe the defendant guilty thereof, the magistrate must order the defendant to be discharged, by an indorsement on the warrant, signed by him, to the following effect: "There being no sufficient cause shown to believe the within-named A B guilty of the crime within mentioned, I order him to be discharged." § 400. Same subject. § 1607. [400.] If the arrest have been without war- Oct. 19, 1864, rant, the discharge may be made by a certificate in writing, signed by the magistrate, to the following effect: "There being no sufficient cause shown to believe A B, brought before me without warrant, guilty of the crime. of (designating it generally), I order him to be discharged." This certificate must be delivered to the defendant. $101. Defendant. committed. § 160S. [401.] If, however, it appear from the exam- Oct. 19, 1864, ination that a crime has been committed, and that there is sufficient cause to believe the defendant guilty thereof, when to be the magistrate must make a written order, signed by him, to the following effect: "It appearing to me from the testimony produced before me on the examination, that the crime of (designating it generally) has been committed, and that there is sufficient cause to believe A B guilty thereof, I order him to be held to answer the same." $402. Defendant, § 1609. [402.] If the magistrate order the defendant Oct. 19, 1864, to be held to answer, as provided in the last section, he must make out a commitment, signed by him with his how name of office, and deliver it with the defendant, to the officer to whom he is committed, or if that officer be not present, to any peace-officer, who must immediately committed. Oct. 19, 1864, 402. Oct. 19, 1864, 403. Form of commitment. Oct. 19, 1864, Order to peaceofficer with commitment. Oct 19, 1864, $405 Commitment to be directed to sheriff. deliver the defendant into the proper custody, together with the commitment. § 1610. [403.] The commitment may be in substantially the following form: "IN THE NAME OF THE STATE OF OREGON. "To the sheriff of the county of, greeting: "An order having been this day made by me, that A B be held to answer upon a charge (designating it generally), you are therefore commanded to receive him in your custody, and detain him until legally discharged. "Dated at day of, 18—. "CD, Justice of the Peace" (or as the case may be). this § 1611. [404.] When the magistrate delivers the defendant to a peace-officer other than the one to whom he is committed, as provided in section 1609 [402], he must first make an indorsement on the commitment, signed with his name of office, to the following effect: "I hereby authorize and command E F to deliver this commitment, together with the within-named defendant, to the custody of the sheriff of the county C. D." of § 1612. [405.] The commitment must be directed to the sheriff of the county in which the magistrate is sitting, and such sheriff must receive and detain the deHow defend fendant, as thereby commanded, in the jail of his county; or if there be no sufficient jail in the county, then by such means as may be necessary and proper therefor, or by confining him in the jail of an adjoining county. aut kept Oct. 19, 1864, $406. Order for bail on commitment. Feb. 21, 1891, § 1. § 1613. [406.] If the crime be bailable, the magistrate must admit the defendant to bail, by adding to the order mentioned in section 1608 [401], words to the following effect: "And I have admitted him to bail, to answer in the sum of. - dollars." The defendant may either put in bail, according to the order of admission, then or afterwards; but if it be not put in before he is delivered to the officer for commitment, the magistrate must indorse the amount of the bail on the writ. § 1614. A magistrate may, at the time a complaint § 1. witnesses. is made or information laid before him or a judge of Feb. 21, 1891, the circuit court at the time of the arraignment of a Undertaking defendant in a criminal action upon indictment, may, for material on motion of the district attorney, require each of such persons as may be deemed to be material witnesses on St. 1891, p. 141. behalf of the state to give a written undertaking with sufficient sureties and in such sum as the magistrate or judge acquiring [requiring] the same shall deem proper, to the effect that such person will appear and testify on behalf of the state at the trial of the defendant upon such complaint or indictment, or at the examination of the charge laid in such information, as the case may be. § 1615. When the magistrate has good reason to Feb. 21, 1891, believe at the time of holding the defendant to answer that any of the material witnesses examined before him security for on behalf of the state will not appear and testify at the court to which such defendant is held to answer, unless security therefor be given, he may require such witnesses to enter into a written undertaking with such sureties and in such sum as he may deem proper for his [their] appearance at the court to which such defendant is held to answer. $2. appearance of witnesses. § 409. § 1616. [409.] Infants and married women, who are oct. 19, 1864, material witnesses against the defendant, may in like manner be required to procure sureties for their appear- married ance as provided in the last section. Infants and women may be required to give security. Witnesses, § 1617. If a witness required to enter into an under- Feb. 21, 1891, taking to appear and testify, either with or without $3. sureties, refuse compliance with the order for that pur- when to be pose, the court or magistrate making such order must committed. commit him to the jail of the county until he comply or be legally discharged. $411. and when § 1618. [411.] When a magis rate has discharged a oct. 19, 1861, defendant, or has held him to answer, as provided in To what court sections 1606 [399], 1607 [400], and 1608 [401], he must return to the court at which the defendant is held to an- return proswer, at or before the first day of the next term thereof, papers. the warrant, if any, the statement and depositions of magistrate to ceeding and Oct. 19, 1864, § 411. To what court and when magistrate to return proceeding and papers. the informant and his witnesses, the statement of the defendant, if he have made one, the memoranda specified in sections 1595 [388] and 1602 [395], and all undertakings of bail or for the appearance of witnesses taken by him. CHAPTER XXXVIII. OF THE PREVENTION OF CRIMES AND SECURITY TO KEEP § 1619. Resistance to the commission of crime, by whom made. § 1625. § 1626. Warrant of arrest, to whom directed, form of, and how served. § 1628. Conduct of the examination as to adjournment, commitment, and bail. § 1630. Persons complained of entitled to make statement as in case of examination on charge of crime. § 1636. When commitment delivered to peace officer, and indorsement therefor. § 1637. § 1638. § 1639. Breach of peace committed in presence of court or magistrate. § 1647. Id., § 412. Undertaking to keep the peace to include good behavior; cannot be required except as provided in this chapter. § 1619. [412.] Resistance to the commission of crime Resistance to may be lawfully made by the party about to be injured, or by any other person in his aid or defense,— the commis sion of crime. |