CHAPTER XXVIII. OF RECOMMITMENT OF THE DEFENDANT AFTER BAIL, OR A § 1498. When defendant may be recommitted. § 1501. If for failure to appear for judgment, defendant must be committed. $ 295. recommitted. § 1498. [295.] The court at which the defendant is Oct. 19, 1864, bound to appear, or where the action is pending, or the Defendant, judgment appealed from is given, may, by an order en- when may be tered upon its journal, direct the arrest of the defendant and his commitment to the officer to whose custody he was committed at the time of giving bail, and his detention until legally discharged, in the following cases: 1. When, by reason of his neglect or failure to appear, he has incurred a forfeiture of his bail, or of money deposited in lieu thereof, as provided in section 1491 [288]; 2. When it satisfactorily appears to the court that his bail, or either of them, are dead or insufficient, or have removed from the state; 3. Upon an indictment being found in the cases provided for in section 1312 [113]. § 256. Order for rewhat may how executed. § 1499. [296.] The order for the recommitment of oct. 19, 1864, the defendant must recite, generally, the facts upon which it is founded, and direct that the defendant be arrested commitment, by any sheriff or his deputy in this state, and committed contain, and to the officer to whose custody he was committed at the time of giving bail, to be detained until legally discharged. § 1500. [297.] The defendant may be arrested pursu- Oct. 19, 1864, ant to the order, upon a certified copy thereof, in any county in the state, in the same manner as upon a bench- be arrested on warrant, and upon the request of the district attorney, same as a copies of the order may be sent to the sheriffs of differ- warrant. ent counties. 297. Defendant may copy of order, bench Oct. 19, 1864, $298. Recommitment in case of failure to appear for judgment. Id., § 299. § 1501. [298.] If the order recite, as the ground upon which it is made, the failure of the defendant to appear for judgment upon conviction, the defendant must be committed according to the requirement of the order. § 1502. [299.] If the order be made for any other When order for cause than that specified in the last section, and the recommitment defendant to may direct the crime be bailable, the court may direct in the order that the defendant be admitted to bail, in an amount to be be admitted to bail. Id., § 300. case, by whom taken. therein specified. § 1503. [300.] When the defendant is admitted to Bail, in such bail, the bail may be taken by any magistrate having authority to take bail, as provided in section 1462 [259], or by any particular magistrate, to be designated by the order. Id., § 301. § 1504. [301.] When bail is taken upon an order for Undertaking of the recommitment of the defendant, the undertaking of commitment, bail must be in substantially the form prescribed in bail, upon reform of. Id., § 302. section 1471 [268] for the original undertaking of bail, except that it need not refer to the original order of admission to bail, and must specify the court in which the order for recommitment and admission to bail is made, and the date of such order. § 1505. [302.] The bail must possess the qualificaQualifications tions and must be put in in all respects in the manner prescribed in chapter XXIV. of this code. of bail, and how put in. § 1517. Order of court for attendance of witness residing at a distance. § 1518. Proceedings to compel attendance. 303. § 1506. [303.] The process by which the attendance Oct. 19, 18C4, of a witness before a court or magistrate is required is a subpœna. Subpoena, definition of. Ø 304. § 1507. [304.] A magistrate before whom an infor- Oct. 19, 1864, mation is laid or complaint made may issue subpoenas, Magistrate subscribed by him, for witnesses within the state, either may issue on behalf of the state or of the defendant. subpœna. $305. District attor § 1508. [305.] The district attorney may issue sub- Oct. 19, 1864, pœnas, subscribed by him, for witnesses within the state, in support of the prosecution, or for such other witnesses ney may issue as the grand jury may direct, to appear before the grand jury upon an investigation pending before them. subpoena. $1. p. 129. § 1509. [306.] The district attorney may in like Feb. 26, 1885, manner issue subpoenas for not to exceed five witnesses Laws of 1885, within the state, in support of an indictment to appear District attor before the court at which it is to be tried; provided, how-ney may issue ever, that the court or judge thereof may, upon good cause shown, make an order allowing subpoenas to issue for a greater number of witnesses. subpoena. p. 123. Clerk to issue defendant. § 1510. [307.] The clerk of a court in which a crim- Feb. 26, 1885, $2. inal action is pending for trial must at all times, upon Laws of 1885, the application of the defendant, issue in blank subpœnas, under the seal of the court, and subscribed by him as subpoenas for clerk, for not to exceed five witnesses, within the state, at the expense of the state; provided, however, that the 18 Or. 444. court or judge thereof may, upon good cause shown, make an order allowing subpoenas to issue for a greater number of witnesses; and provided further, that any defendant may have subpoenas issued for any number of witnesses at his own expense without an order of the court. obtain sub more than five § 1511. If either party in a criminal action shall Id., § 3. desire more than five witnesses, as in this act above pro- Proceeding to vided, application therefor shall be made to the court or poenas for judge thereof by motion for an order directing the clerk witnesses. to issue subpoenas for such additional witnesses, which motion shall be supported either by the statement of the district attorney in writing, or by the affidavit of the de Feb. 26, 1855, $2. Proceeding to obtain subpœnas for fendant, which statement and affidavit shall state the names of such witnesses, their places of residence, and the facts expected to be proven by each of them; and if it shall appear from such statement or affidavit that the more than five witnesses, or either of them, therein named, are necessary and material, the court or judge thereof shall make an order directing the clerk to issue subpoenas for such witnesses, or so many of them as shall appear to be necessary and material to a fair, full, and impartial trial. witnesses. Oct. 19, 1864, $308. Forms of subpœnas. § 1512. [308.] A subpoena authorized by the last four sections must be substantially in the following form:1. By a magistrate:— "IN THE NAME OF THE STATE OF OREGON. "To A- B "You are hereby commanded to appear before C D (adding his name of office and place of jurisdiction), at (naming the place), on (stating the day and hour), as a witness on the examination of a criminal charge against EF, on behalf of (the state or the defendant, as the case may be). G H. day of, 18-." "Dated the (Adding his name of office and place of jurisdiction, as in the body of the subpoena.) 2. By the district attorney: 'To A "IN THE NAME OF THE STATE OF OREGON. B—: "You are hereby commanded to appear before the grand jury of the county of — (or the circuit court for the county of ), at (naming the place), on (stating the day and hour), as a witness (before said grand jury, or in a criminal action prosecuted by the state of Oregon against E F). "You are hereby commanded to appear before the cir at (naming the place), Oct. 19, 1864, $308. cuit court for the county ofon (stating the day and hour), as a witness in a criminal Forms of action prosecuted by the state of Oregon against E F, subpoenas. on behalf of the defendant. "Witness my name and the seal of said court, [L. S.] affixed at the day of, 18—. "G H, Clerk." $309. § 1513. [309.] If books, papers, or documents be re- Oct. 19, 1864, quired, a direction to the following effect must be added to the foregoing form: Words to be added to subpœna, when books, papers, or documents "And you are required, also, to bring with you the folLowing" (describing intelligibly the books, papers, or required. documents required). $310. § 1514. [310.] A subpœna may be served by the de- Oct. 19, 1864, fendant or any other person over eighteen years of age, Subpoena, by and must be served by any sheriff or constable within whom served. his county or precinct, as the case may be, when delivered to him for service, either on the part of the state or the defendant. 311. Subpoena, how § 1515. [311.] A subpœna is served by reading and Oct. 19, 1864, showing the original, and delivering a copy or ticket containing the substance thereof to the witness per- served, and sonally; and proof of the service is made in the same manner as in the service of a summons. proof thereof. 312. Witness not attend out of § 1516. [312.] No person is obliged to attend as a Oct. 19, 1864, witness on behalf of the defendant before a court or magistrate out of the county where the witness resides required to or is served with the subpoena, unless his residence be within thirty miles of such court or magistrate, except as provided in the next section. the county, or more than thirty miles from resi dence, unless. $313. Proceeding to ness to attend within the § 1517. [313.] Upon the affidavit of the defendant oct. 19, 1864, or his attorney, stating that he believes the evidence of a witness to be material, and his attendance at the exami- require wit nation or trial necessary, the magistrate before whom anywhere the examination is being made, or the judge or the clerk state. of the court wherein the action is pending, must indorse 13 Or. 445. on the subpoena an order for the attendance of the wit |