[Studies in Civics by James T. McCleary]@TWC D-Link bookStudies in Civics CHAPTER III 17/19
The preliminary proceedings are similar to those in the case of a trial--the complaint, warrant and return.
But the complainant simply alleges upon oath, that a crime against his person or property has been threatened.
The examination is conducted as in case of a criminal offense. Result .-- If upon examination there appears reason to fear that the crime will be committed by the party complained of, he shall be required to enter into recognizance to keep the peace, failing in which he shall be committed to jail for the time to be covered by the surety, said time not to exceed six months. REMARKS ON CRIMINAL TRIALS. The care for the rights of the accused is based upon the principle in our law, that every man shall be held innocent till _proved_ guilty.
Another principle is that a person accused of crime _cannot be tried in his absence._ The purpose of arresting him is to secure his _presence_ at the trial.
If he can guarantee this by bail he is set at liberty, otherwise he is confined in jail.
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