(a) If a justice of the peace considers there is probable ground for an accusation, the justice shall, in case of a capital crime, commit the accused for trial, and in any other case bind the accused, with sufficient surety, for the accused's appearance at such court having jurisdiction of the offense for the county where the offense is alleged to have been committed, and, if the accused does not give such surety, shall commit the accused for trial. (b) The justice shall also bind material witnesses for their appearance, without surety, unless the justice believes the witness will not appear, and that the loss of the witness' testimony ought not to be risked. In which case, justice may require surety and may commit the witness if it is not given. (c) Such binding of the accused and of the witnesses shall be as provided in Chapter 21 of this title. (Code 1852, §§ 2030-2032; Code 1915, § 3972; Code 1935, § 4472; 11 Del. C. 1953, § 5915; 70 Del. Laws, c. 186, § 1; 75 Del. Laws, c. 278, § 7.)
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