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If he givereco nizance he shan
fail, to be coinmitted
If committed may
Sec. 5. If such recognizance be given, the party complained he cliniche e dinit 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 security was required.
Sec. 6. Any person committed for not finding surety of the peace, as above provideu, may be discharged by any magistrate authorized to bind to the peace, within the county, upon giving such security as was originally required of such person.
Sec. 7. Every recognizance to keep the peace, taken by any eletak.of district magistrate pursuant to the foregoing provisions, or pursuant to
any other statute, shall be transmitted by such magistrate to the clerk of the district court of the county, on or before the first day of the term of such court next to be holden after taking the
Rccognizance to be transmitted to
Cases in which security may be
Person recognized to appear at next term of district court or forfeit
SEC. 8. Every person who, in the presence of any magistrate proprio in acest above specified, or of any court of record, shall make any affray,
or threaten to kill or beat another, or to commit any offence against his person or property, and all persons who, in the presence of such court or magistrate, shall contend with hot and angry words, may be ordered by such magistrate or court, without any other proof, to give such security as above specified, and in case of failure or refusal so to do, he may be committed in like manner ae above provided.
Sec. 9. Every person who shall have entered into a recognizance to keep the peace, shall appear before the district court of
, bis recognizanco. the county at the next terin, and if he fail to appear, the court
shall forfcit his recognizance, and order it to be prosecuted, unless reasonable excuse for the default be shown.
Sec. 10. When any person shall have been bound to keep tho SSD disemärgid peace on the complaint of another, and the complainant shall not
appear, the party recognized shall be discharged, unless good cause to the contrary be shown.
Sec. 11. Upon the appearance of the respective parties, and the parties ;
in cases where there is no complaint, the court shall examine the evidence, and may either discharge the recognizance taken, or require a new recognizance, as the circumstances of the case may rcquire, for such time as shall appear necessary, not exceeding one year, and in such cases, costs shall be adjudged according to the discretion of the court.
SEC. 12. No recognizance to keep the peace shall be deemed es couple se tornare to be broken, except in the case provided for in the ninth section
Complainant failing to appear, party recognized
Recognizance not deemed broken,
recognizance to be
breaches and evi
Offences to be
of this chapter, unless the principal in such recognizanee be convicted of some offence, amounting, in judgment of law, to a breach of such recognizance.
Sec. 13. Whenever evidence of such conviction shall be pro- Coreta all orders duced to the court in which the Pecognizance is filed or taken, it proseontod, when. shall be the duty of the court to order such recognizance to be prosecuted, and the attorney prosecuting for the county shall. proceed thereon accordingly.
Sec. 14. In the action on such recognizance, the offence stated Assignment of in the record of conviction may be assigned as a breach, and such denco in action. record shall be conclusive evidence of the matters therein stated.
Of ihe Local Jurisdiction of Public Offences. Sec. 15. Offences committed against the laws of this Territory, parente da ineho shall be punished in the county in which the offence is committed, committed except as may be otherwise provided by law.
Sec. 16. Every person being without the Territory, commit- Ont of tho Territing or consummating an offence, by an agent or 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 consumated the offence within the Territory.
Sec. 17. Any person leaving the Territory to fight a duel, or Dueling in and to be concerned as a second therein, or in any other capacity out Territory to tibo. of the Territory, is liable to be punished in the county of his residence in the Territory, in the same manner as if the duel had been contemplated and fought, and the results thereof had terminated therein.
Sec. 18. When a public offence has been committed, parily in Where to see is one county and partly in another, or the act or effects constitut- county, jurisdioing or requisite to the consummation of the offence occur in two or more counties, the jurisdiction is in either county.
Sec. 19. When an offence is committed in this Territory, or dele on vossens and on the boundary thereof, on board a boat or vessel navigating a river, or lying therein, the jurisdiction is in any county within or opposite to which the offence is committed.
Sec. 20. That the jurisdiction of the following cases is in any jurisdiction ie in county in which the offence was committed, or into or out of toy county. which the person upon whom the offence was committed, has been brought: First, For forcibly or fraudulently taking, inveigling, or kidnapping any negro or mulatto, to be sent out of the Territory, to be sold as a slave or held to service : Second, For taking or enticing away any female for the purpose of prostitution: Third, For taking, decoying or enticing away a child, under the
tion in either.
Jurisdiction where property stolen from one county and carriod to another.
In relation to AGcessories,
In case of wonnd received in one county, and death
Prosecutions commenced at any time, in oertain cases.
Where the offence
Prosecutions must be commenoed in two years after commission. When absent or concealed.
age of fifteen years, with intent to detain and conceal it from its parents, guardian or other person, having lawful charge of the child.
Sec. 21. 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. 22. An accessory, before or after the fact, may be punished in the county where he committed the offence, or in the county where the principal offence was committed.
Sec. 23. That if any mortal wound is given, or poison admincasuo in anothor. istered in one county, and death by means thereof ensues in another, the jurisdiction is in either county.
Of Limitation of Criminal Actions. Sec. 24. Prosecutions for murder and man stealing, may be commenced at any time after the commission of the offence.
SEO. 25. Prosecutions for an offence must be commenced within sixty days after its commission, where the penalty cannot exceed a fine of three dollars.
SEC. 26. In all other cases, prosecution for an offence must be commenced within two years after its commission.
SEC. 27. If any person who has committed an offence is absent from the Territory, or so conceals himself that process cannot be served upon him, or conceals the fact of the crime, the time of absence or concealment is not to be included in computing the period of limitation.
Of the Arrest and Examination of Offenders. Sec. 28. For the apprehension of persons charged with offences, the magistrates named in the first section of this chapter are authorized to issue process to carry into effect the provisions of this chapter.
Sec. 29. Upon complaint, made to any such magistrate, that istrate. His duty. a criminal offence has been committed, he shall examine, on oath,
the complainant, and any witness produced by him, and shall reduce the complaint to writing, and shall cause the same to be subscribed by the complainant; and if it shall appear that any such offence has been committed, the court or justice shall issue a warrant, reciting the substance of the accusation, and requiring the officer to whom it shall be directed, forth with to take the person accused and bring him before the said court or justice, or before some other court or magistrate of the county, to be dealt with according to law, and in the same warrant may require the officer
Persons to issue process of arrest.
When complaint is made to & mag
for criminal who bas
is not punishable by death or im
to summon such witnesses as shall be therein named, to appear and give evidence on the examination.
Sec. 30. Upon complaint, made to any magistrate of any Magistrate to county in this Territory, that a criminal offence has been com- fed from his mitted, and that the offender has fled from the county in which the offence was committed, such magistrate shall issue a warrant, directed to an officer of his own county or of the county in which the offence was committed, requiring the offender to be apprehended and taken before some magistrate of the county where the offence was committed, to be dealt with according to law.
Sec. 31. If any person, against whom a warrant may be issued when offender esfor an alleged offence committed in any county, shall, either be- county. fore or after the issuing of such warrant, escape from or be out of the county, the sheriff or other officer to whom such warrant Duty and power may be directed, may pursue and apprehend the party charged in any county in this Territory, and for that purpose may command aid and exercise the same authority as in his own county.
Seo. 32. In all cases where the offence charged in the warrant Magistrates may is not punishable by death or imprisonment in the Territorial phen the morence prison, if the person arrested requests that he may be brought prisonment in before a magistrate of the county in which the arrest was made, for the purpose of entering into a recognizance, without a trial or examination, the officer making the arrest shall carry him before a magistrate of that county, who may take from the person arrested a recognizance, with suflicient sureties for his appearance at the court having cognizance of the offence, and next to be bolden in the county where it shall be alleged to have been committed, and the party arrested shall thereupon be liberated.
Sec. 33. The magistrate who shall so let the person arrested Maristrato shall to bail, shall certify that fact upon the warrant, and shall deliver Warrant. the same, with the recognizance by him taken, to the person who made the arrest, who shall cause the same to be delivered, without unnecessary delay, to the clerk of the court before which the Recognizance to accused was recognized to appear; and, on application of the tourterk of the complainant, the magistrate who issued the warrant, or the prosecuting attorney, shall cause such witnesses to be summoned to the same court as may be deemed necessary.
Sec. 34. If the magistrate in the county where the arrest was When prisoner made, shall refuse to bail the person so arrested and brought before him, or if no sufficient bail shall, be offered, the person having him in charge shall take him before the magistrate who Slopetabe taken issued the warrant, or, in his absence, before some other magis
be delivered to
is not bailed.
When offenco charged is pun
in Territorial prison.
Magistrate may adjourn examina tion.
trate of the county in which the warrant was issued, to be proceeded with according to law.
Sec. 35. When the offence charged in any warrant is punishaor imprisonment ble with death or by imprisonment in the Territorial prison, the
officer making the arrest in some other county, shall convey the prisoner to the county where the warrant issued, and he shall be proceeded with in the manner directed by law.
Sec. 36. Every person arrested by warrant for any offence, where no other provision is make for his examination thereon, shall be brought before some magistrate of the same county, and the warrant, with the proper return thereon, signed by the person who made the arrest, shall be delivered to such magistrate.
Seo. 37. Any magistrate may adjourn an examination or trial pending before himself, from time to time, as occasion shall require, not exceeding ten days at one time, without the consent of the defendant or person charged, and to the same or a different place in the county, as he shall think proper; and, in such case,
if the party is charged with a capital offence, he shall be compersons to appoar mitted in the mean time ; otherwise, he may be recognized in a
sum and with sureties to the satisfaction of the magistrate, for his appearance for such further examination; and for want of such recognizance, he shall be committed to prison.
Sec. 38. If the person so recognized shall not appear before the magistrate at the time appointed for such further examination, according to the condition of such recognizance, the magistrate shall record the default, and shall certify the recognizance, with the record of such default, to the district court, and like proceedings shall be had thereon as upon the breach of the condition of a recognizance for appearance before that court.
Sec. 39. When such person shall fail to recognize, he shall be committed to prison by an order under the hand of the magistrate, stating concisely that he is committed for further examination on a future day, to be named in the order ; and, on the day appointed, he may be brought before the magistrate by his verbal order to the same officer by whom he was committed, or by an order in writing to a different person.
SEC. 40. The magistrate before whom any person is brought, upon a charge of having committed an offence, shall, as soon as may be, examine the complainant and the witnesses to support the prosecution, on oath, in the presence of the party charged, in relation to any matters connected with such charge, which may be deemed pertinent.
When person recognized fails to appear.
Whon such person sball fail to recognize. Proeseuing.
Witnesses for the prosecution.