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Persons against whom indictments or informations for resistance shall have been found or filed to give security to answer them, or in default may be committed.
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41. Whenever any person shall be charged with violently assaulting or resisting as aforesaid any officer of excise or person so employed, or person acting in such aid and assistance as aforesaid, in the due execution of his office or duty, and such charge shall, by affidavit or by certificate on an indictment or information being filed against such person for any such offence, be made to appear to any judge of any of his Majesty's superior courts of record in which such indictment or information shall be found or filed, or into which the same shall have been removed, it shall be lawful for such judge to issue his warrant in writing under his hand and seal, and thereby to cause any person being a defendant in such indictment or information to be apprehended and brought before him or some other judge of such court, or before some one of his Majesty's justices of the peace, in order that such defendant may be bound to the King's Majesty, with two sufficient persons as sureties, in such sum (the same not being in any case less than one hundred pounds) as in the said warrant shall be expressed, with condition to appear in such court at the time mentioned in such warrant, to answer his said Majesty in the said court concerning any articles on behalf of his Majesty to be there objected against him for any such offence as aforesaid; and in case any such defendant shall neglect or refuse to become bound as aforesaid, it shall be lawful for such judge or justice of the peace respectively, and they are hereby respectively directed and required, to commit such defendant to the common gaol of the county, shire, division., city, town, or place where the offence shall have been committed, or where such defendant shall have been apprehended, until such defendant shall become bound as aforesaid, or shall be discharged by order of such court in term time, or by one of the judges of such court in vacation; and the recognizance to be taken thereupon shall be returned and filed in such court, and shall continue in force until such defendant shall have been acquitted of such offence, or, in ease of conviction, shall have received judgment for the same, unless sooner ordered by such court to be discharged.
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