name, and the offence charged, and commanding the officer to whom it is directed forthwith to arrest the person complained of and bring him before such magistrate.

Sec. 23. Upon such person being brought before such magistrate, it shall be his duty to examine all witnesses which either party may require to be examined; and if it shall appear to the satisfaction of such magistrate that there is reason to fear the commission of such offence, he shall require the person complained of to enter into a recognizance in such sum, not exceeding five thousand dollars, as such magistrate shall direct, with one or more sufficient sureties, conditioned that he will keep the peace toward the inhabitants of this territory, and particularly toward the complainant, for such length of time as the magistrate may designate, not to exceed one year, which bond shall be filed by the magistrate with the clerk of the district court of the county in which it was taken, and shall be by such clerk recorded in the order book.

Sec. 24. If such recognizance be given, the party complained of shall be discharged; but if he fail or refuse to find surety, it shall be the duty of the magistrate to commit him to prison until he find the same, specifying in the warrant the cause of commitment and the sum in which surety was required.

Sec. 25. Any person committed for not finding surety, as above provided, may be discharged by any magistrate authorized to bind persons to keep the peace within the county, upon giving such security as was originally required of such person.

Sec. 26. Upon the violation of any of the conditions of any bond taken, as herein provided, the district attorney may institute suit therein in any court having jurisdiction; and if the defendant shall have been convicted of any offence which would amount to a violation of such bond, the record of such conviction shall be sufficient evidence of forfeiture of such recognizance.

Sec. 27. When any person complained of shall be discharged by the magistrate before whom the examination is had, if it appears to the magistrate that the prosecution was malicious, and that there were no grounds that would induce a reasonable man to believe the person complained of was guilty of the crime specified in the complaint, it shall be the duty of said magistrate to adjudge that the complainant shall pay all costs of the proceedings.

Sec. 28. Any complainant against whom costs are adjudged, may appeal from such decision to the district court in the county in which such proceedings were had, upon filing a bond, approved by the magistrate, that he will pay all costs that may be awarded against him in said district court.

Sec. 29. If it shall appear in the district court, to which such action shall be appealed, that said prosecution was not malicious, or that there were grounds which would induce a reasonable man to believe the defendant guilty of the crime charged in the com

plaint, it shall be the duty of said court to reverse the judgment of the court below, from which the appeal was taken.

CHAPTER III.

LOCAL JURISDICTION OF CRIMES.

Sec. 30. Where offences are to be tried.

Sec. 31. Persons without territory committing offences against the laws, liable.

Sec. 32. Jurisdiction where offence committed in different counties, and on boat or vessel.

Sec. 33. Jurisdiction in cases of kidnapping, &c.

Sec. 34. Jurisdiction in cases of burglary, &c., where property taken from one county to another.

Sec. 35. Accessory punished-where.

Sec. 36. Where mortal wound given in one county and death ensues in another—jurisdiction.

Section 30. Offences committed against the laws of this territory shall be tried in the county in which the offence is committed; or in that county to which the same is attached for judicial purposes, except as otherwise provided by law.

Sec. 31. Every person, being without the territory, committing or consummating any offence, by an agent or other means, within the territory, is liable to be punished by the laws thereof, in the same manner as if he were present and had commenced and consummated the offence within the territory.

Sec. 32. When a crime has been committed partly in one county and partly in another, or the act or effects constituting or requisite to the consummation of the offence occur in two or more counties, the jurisdiction is in either county, and the court in which the prosecution shall have been first commenced shall have precedence. When a crime is committed in this territory, or on the boundary thereof, on board a boat or vessel navigating a river, or lying therein, the jurisdiction is in any county within or bordering on the line of said river on which the offence is committed.

Sec. 33. The jurisdiction of the following cases is in any county in which the offence was committed, or into or out of which the person upon whom the offence was committed has been brought, or in any county to which the same has been attached for judicial purposes: First. For forcibly, fraudulently taking, inveigling or kidnapping any person to be sent out of the territory for any purpose. Second. For the taking or enticing away any female for the purpose of prostitution. Third, For the taking, decoying, or

enticing away a child under the age of fifteen years, with intent to conceal or detain it from its parents, guardians, or other person. having lawful charge thereof.

Sec. 34. When property taken in one county by burglary, robbery, larceny, or embezzlement, has been brought into another county, the jurisdiction is in either county.

Sec. 35. An accessory before or after the facts may be punished in the county where he committed the offence, or in the county where the principal offence was committed.

Sec. 36. That if any mortal wound is given, or poison administered, in one county, and death by means thereof ensues in another, the jurisdiction is in either county.

CHAPTER IV.

LIMITATION OF CRIMINAL ACTIONS.

Sec. 37. Prosecutions for murder and manslaughter not limited. Sec. 38. Where penalty can not exceed ten dollars within six months.

Sec. 39. Misdemeanor prosecuted within three years, and felony, except murder and manslaughter, within five years. Sec. 40. If offender absent from territory, or conceals himself, absence not included.

Section 37. Prosecutions for murder and manslaughter may be commenced at any time after the commission of the offence. Sec. 38. Prosecutions for an offence must be commenced within six months after its commission, when the penalty cannot exceed a fine of ten dollars.

Sec. 39. In all cases of misdemeanor, prosecutions therefor must be commenced within three years after its commission; and in cases of felony, except murder and manslaughter, prosecution must be commenced within five years.

Sec. 40. If any person who has committed an offence is absent from the territory, after the commission thereof, or so conceal himself that process cannot be served upon him, the time of the absence or concealment is not to be included in computing the period of limitation.

4

CHAPTER V.

PROCEEDINGS FOR THE IMPEACHMENT AND REMOVAL OF PUBLIC

OFFICERS.

Sec. 41. All officers created by territorial law subject to impeach

ment.

Sec. 42. All impeachments tried by council.

Sec. 43. Articles of impeachment delivered to president of council. Sec. 44. Council to fix a day for hearing; house of representatives to be notified; defendant to have copy of articles, and notified of day of trial.

Sec. 45.

Defendant served personally, if found, if not, may be served by publication.

Sec. 46. If defendant does not appear after service, council may proceed or fix another day.

Sec. 47. If defendant appear, must answer articles.

Sec. 48. Objections must be in writing, and specific denial may be oral.

Sec. 49. If objections not sustained, defendant to answer forthwith; if he plead guilty, or refuse to plead, to be convicted; if he deny charge, trial to proceed. Sec. 50. Attorney for defendant appointed in certain cases. Sec. 51. Council to be sworn by secretary of the territory. Sec. 52. Trial to proceed after oath administered.

Sec. 53. Two-thirds vote necessary to convict.

Sec. 54. After conviction; judgment pronounced-how.

Sec. 55. Resolution adopted by majority vote to be judgment.
Sec. 56. Judgment—what it may be.

Sec. 57. Judgment of suspension-consequence.

Sec. 58. When articles presented, officer to be suspended, governor to fill vacancy-how.

Sec. 59. Impeachment not bar to indictment.

Sec. 60. Penalty of officer convicted of corrupt conduct in office. Sec. 61. County commissioners to suspend officer believed guilty of embezzlement; duty to appoint successor during

such suspension.

Sec. 62. District attorneys territorial officers, for purposes of of impeachment.

Section 41. Any territorial officer, created by territorial law, shall be liable to impeachment for any misdemeanor in office.

Sec. 42. All impeachments shall be tried by the council;

when sitting for that purpose the council shall be upon oath or affirmation.

Sec. 43. When a civil officer of the territory is charged by the house of representatives, with a misdemeanor in office, the articles specifying the crime shall be delivered to the president of the council.

Sec. 44. The council shall assign a day for hearing the impeachment, and shall inform the house of representatives thereof. The president of the council shall cause a copy of the articles of impeachment, with a notice to appear and answer the same, at the time and place appointed, to be served on the defendant, not less than ten days before the day fixed for hearing.

Sec. 45. The service must be upon the defendant personally, if he can be found within the territory, and if not, upon diligent inquiry, the council, upon proof of that fact, may order that publication be made, in such manner as they may deem proper, of a notice requiring him to appear at a specified time and place, and answer the articles of impeachment.

Sec. 46. If the defendant does not appear, the council, upon proof of service, personally, or by publication, as provided in the last two sections, may on their own motion, or for cause shown, assign another day for hearing the impeachment, or may then proceed in the absence of the defendant to hear the same and render judgment.

Sec. 47. When the defendant appears, he must answer the articles of impeachment, which he may do either by objecting to the sufficiency of the same, or of any of the articles therein, or by denying the truth of the same.

Sec. 48. If the defendant object to the sufficiency of the articles of impeachment, the objection must be in writing, pointing out specifically in what the insufficiency consists; but the allegation need not be in any specific form; if he deny the truth of the articles of impeachment, the denial may be oral and without oath, and shall be entered upon the journal of the council.

Sec. 49. If an objection to the sufficiency of the articles of impeachment be not sustained by a majority of the members of the council who heard the argument, the defendant shall be ordered forthwith to answer the articles of impeachment; if he plead guilty, or refuse to plead, the council shall render judgment of conviction against him; if he deny the matters charged, the council shall, at such time as it may appoint, proceed to try the defendant.

Sec. 50. If the defendant appear, and is unable to procure the assistance of an attorney, it shall be the duty of the president of the council to appoint some suitable person to assist him in his defence; if the defendant is served by publication and fails to appear, it shall be the duty of the president of the council to ap