Ex parte Shaw

Sharpstein, J.:

Section 878 of the Penal Code provides that: “ On holding the defendant to answer, the magistrate may take from each of the material witnesses examined, before him,” an undertaking to the effect that he will appear and testify, etc; and Section 1879 that “ when the magistrate or a judge of the court in which the action is pending is satisfied, by proof on *59oath, that there is reason to believe that any such witness will not appear and testify unless security is required, he may order the witness to enter into a written undertaking, with sureties, in such sum as he may deem…