If the defendant is not arrested or in custody during the term at which an indictment for felony is returned, the court must fix the conditions for release as provided in section 544.455 required of the defendant, and the clerk must endorse the conditions on the warrant; but if no order fixing the conditions for release has^* been made, the sheriff may present the warrant to the judge of the court, and such judge may thereupon endorse the conditions for release required; or if the judge is not in the county, the clerk may fix the conditions for release.