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727. If the persons assembled do not immediately disperse, such magistrate and officers must arrest them, and to that end may command the aid of all persons present or within the county.

734. It shall not be lawful for any body of men whatever, other than the regular organized national guard of this state, and the troops of the United States, to associate themselves together as a military company or organization, to drill or parade with arms in any city or town of this state, without the license of the governor thereof, which license may at any time be revoked; and provided further, that students in educationel institutions where military science is a part of the course of instruction may, with the consent of the governor, drill and parade with arms in public under the superintendence of their instructor; provided, that nothing herein contained shall be construed so as to prevent benevolent or social organizations from wearing swords. And any person or persons violating any of the provisions of this section shall be guilty of a misdemeanor, and subject to arrest and punishment therefor.

1895–193.

TITLE II.

Judicial Proceedings for the Removal of Public Officers by Im

peachment or Otherwise. Chapter I. Impeachments. II. Removal of Civil Officers Otherwise Than by Impeach

ment.

CHAPTER I.

Impeachments. 737. Impeachment,

officers 746. Two thirds necessary liable.

for conviction. 738. Articles, how prepared. 747. Judgment, how proTrial.

nounced. 739. Articles of impeachment. 748. The same. 740. Time of hearing. Serv- 749. Nature of judgment, susice.

pension. 741. Service, how made.

750. Effect of suspension. 742. Proceedings, failure to 751. Officer, when impeached appear.

disqualified until acquit. 743. Defendant, appearance

ted. Vacancy. made.

752. Lieutenant governor, im744. If demurrer over-ruled.

peached, who presides. 745. Senate to be sworn.

753. Impeachment not bar to

indictment.

737. The governor, lieutenant-governor, secretary of state, controller, treasurer, attorney-general, surveyor-general, chief justice, associate justices of the supreme court, and judges of the superior courts, are liable to impeachment for any misdemeanor in office.

1880—3.

738. All impeachments must be by resolutions adopted, originated in, and conducted by managers elected by the assembly, who must prepare articles of impeachment, present them at bar of the senate, and prosecute the same. The trial must be had before the senate, sitting as a court of impeachment.

739. When an officer is impeached by the assembly for a misdemeanor in office, the articles of impeachment must be delivered to the president of the senate.

740. The senate must assign a day for the hearing of the impeachment and inform the assembly thereof. The president of the senate must cause à 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 the hearing.

741. The service must be made upon the defendant personally, of if he cannot, upon diligent inquiry, be found within the state, the senate, upon proof of that fact, may order publication to be made, in such manner as it may deem proper, of a notice requiring him to appear at a specified time and place and answer the articles of impeachment.

742. If the defendant does not appear, the senate, upon proof of service or publication, as provided in the two last sections, may, of its own motion or for cause shown, assign another day for hearing the impeachment, or may proceed, in the absence of the defendant, to trial and judgment.

743. When the defendant appears, he may in writing object to the sufficiency of the articles of impeachment, or he may answer the same by an oral plea of not guilty, which plea must be entered upon the journal, and puts in issue every material allegation of the articles of impeachment.

744. If the objection to the sufficiency of the articles of impeachment is not sustained by a majority of the members of the senate who heard the argument, the defendant must be ordered forewith to answer the articles of impeachment. If he then pleads guilty, or refuses to plead, the senate must render judgment of conviction against him. If he plead not guilty, the senate must, at such time as it may appoint, proceed to try the impeachment.

745. At the time and place appointed, and before the senate proceeds to act on the impeachment, the secretary must administer to the president of the senate, and the president of the senate to each of the members of the senate then present, an oath truly and impartially to hear, try, and determine the impeachment; and no member of the senate can act or vote upon the impeachment, or upon any question arising thereon, without having taken such oath.

746. The defendant cannot be convicted on impeachment without the concurrence of two thirds of the members elected, voting by ayes and noes, and if two thirds of the members elected do not concur in a conviction he must be acquitted. 1880—3.

747. After conviction the senate must, at such time as it may appoint, pronounce judgment, in the form of a resolution entered upon the journals of the senate.

748. On the adoption of the resolution by a majority of the members present who voted on the question of acquittal or conviction, it becomes the judgment of the senate.

749. The judgment may be that the defendant be suspended, or that he be removed from office and disqualified to hold any office of honor, trust, or profit under the state. 1880—3.

750. If judgment of suspension is given, the defendant, during the continunance thereof, is disqualified from receiving the salary, fees, or emoluments of the office.

751. Whenever articles of impeachment against any officer subject to impeachment are presented to the senate, such officer is temporarily suspended from his office, and cannot act in his official capacity until he is acquitted. Upon such suspension of any officer other than the governor, his office must at once be temporarily filled by an appointment made by the governor, with the advice and consent of the senate, until the acquittal of the party impeached; or, in case of his removal, until the vacancy is filled at the next election, as required by law.

752. If the lieutenant-governor is impeached, notice of the impeachment must be immediately given to the senate by the assembly, that another president may be chosen.

753. If the offense for which the defendant is convicted on impeachment is also the subject of an indictment or information, the indictment or information is not barred thereby. 1880—3.

CHAPTER II.

Removal of Civil Officers Otherwise Than by Impeachment.

ney, how.

758. Accusation to be pre

766. Plea of guilty, refusai sented by grand jury.

to answer or deny. 759. Form of accusation.

767. Trial by jury. 760. Accusation of impeach- 768. All parties entitled prncments, proceedings gen

ess to witnesses. erally.

769. Judgment conviction, 761. Proceedings, defendant

form. failing to appear.

770. Appeal, how taken. Sus762. Defendant may object or

pension, etc. deny accusation.

771. Removal district attor. 763. Form of objection. 764. Manner of denial.

772. Same, public officer. 765. Objections over-ruled,

Summary. answer. 758. An accusation in writing against any district, county, township, or municipal officer, for willful or corrupt misconduct in office, may be presented by the grand jury of the county for or in which the officer accused is elected or appointed.

759. The accusation must state the offense charged, in ordinary and concise language, and without repetition.

760. The accusation must be delivered by the foreman of the grand jury to the district attorney of the county, except when he is the officer accused, who must cause a copy thereof to be served upon the defendant, and require, by notice in writing of not less than ten days, that he appear before the superior court of the county, at a time mentioned in the notice, and answer the accusation. The original accusation must then be filed with the clerk of the court. 1880—32.

761. The defendant must appear at the time appointed in the notice and answer the accusation, unless for some sufficient cause the court assign another day for that purpose. If he does not appear, the court may proceed to hear and determine the accusation in his absence.

762. The defendant may answer the accusation either by objecting to the sufficiency thereof, or of any article therein, or by denying the truth of the same.

763. If he objects to the legal sufficiency of the accusation, the objection must be in writing, but need not be in any specific form, it being sufficent if it presents intelligibly the grounds of the objection.

764. If he denies the truth of the accusation, the denial may be oral and without oath, and must be entered upon the minutes.

765. If an objection to the sufficiency of the accusation is not sustained, the defendant must answer thereto forthwith.

766. If the defendant pleads guilty, or refuses to answer the accusation, the court must render judgement of conviction against him, if he denies the matters charged, the court must immediately, or at such time as it may appoint, proceed to try the accusation.

767. The trial must be by a jury, and conducted in all respects in the same manner of the trial of an indictment for a misdemeanor.

768. The district attorney and the defendant are respectively entitled to such process as may be necessary to enforce the attendance of witnesses as upon a trial of an indictment.

769. Upon a conviction, the court must, at such time as it may appoint, pronounce judgment that the defendant be removed from: office; but, to warrant a removal, the judgment must be entered upon the minutes, and the causes of removal must be assigned therein.

770. From a judgment or decree of removal from office under any provision of this chapter, an appeal may be taken to the supreme court in the same manner as from a judgment in a civil action but until such judgment is reversed, the defendant is suspended from office after thirty days from the entry of the judgment, unless within such thirty days there shall be filed in the office of the clerk of the court in which the conviction was had, a certificate of a judge of the superior court that in his opinion there is probable cause for the appeal. If a bill of exceptions is not settled in time to be used upon an application for such a certificate or within twenty days after such judgment is entered, the error relied upon may be presented to such judge in any manner satisfactory to such judge. If no such certificate be filed within thirty days the office must pending the appeal be filled as in case of a vacancy.

Appeals taken under this section shall be entitled in the appellate court to priority in hearing over all cases except such as have been advanced upon its calendar by special order of such appellate court. 1905–251.

771. The same proceedings may be had on like grounds for the removal of a district attorney, except that the accusation must be delivered by the foreman of the grand jury to the clerk, and by him to a judge of the superior court of the county, who must thereupon appoint some one to act as prosecuting officer in the matter, or place the accusation in the hands of the district attorney of an adjoining county, and require him to conduct the proceedings. 1880–32.

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