Shall indorse

time of filing and return.

Enter names of defendant sum

served.

delivered to him, for that purpose, in every action or special proceeding.

SECT. 599. He shall indorse upon every paper filed with him the day of filing it; and upon every order for a provisional remedy and upon every undertaking given under the same, the day of its return to his office.

SECT. 600. He shall, upon the return of every summons moned and day served, enter upon the docket the name of the defendant or defendants summoned, and the day of service upon each one. The entry shall be evidence of the service of the summons, in case of the loss thereof.

Keep records, books, &c.

Certain rules

SECT. 601. He shall keep the records and books and papers appertaining to the court, and record its proceedings. SECT. 602. The provisions of article eight, of title nine, apply to other prescribing the duties of clerks of the district court, shall, as far as they are applicable, apply to the clerks of other courts

of district courts

courts.

Other powers and duties.

of record.

SECT. 603. The clerk of each of the courts shall exercise the powers and perform the duties conferred and imposed upon him by other provisions of this code, by other statutes, and by the common law. In the performance of his duties he shall be under the direction of his court.

Shall indorse time of receipt on papers.

Shall execute summons, &c.

CHAPTER III. - DUTIES OF SHERIFFS.

SECT. 604. The sheriff shall indorse upon every summons, order of arrest, or for the delivery of property, or of attachment or injunction, the day and hour it was received by him.

SECT. 605. He shall execute every summons, order, or If he fails to do other process, and return the same as required by law; and if he fail to do so, unless he make it appear to the satisfaction of the court, that he was prevented by inevitable accident from so doing, he shall be amerced by the court in a sum not exceeding one thousand dollars, and shall be liable to the action of any person aggrieved by such failure.

Other powers

and duties.

SECT. 606. The sheriff shall exercise the powers and perform the duties conferred and imposed upon him by other provisions of this code, by other statutes, and by the common ' law.

CHAPTER IV.-MISCELLANEOUS PROVISIONS.

performed by

SECT. 607. Any duty enjoined by this code upon a minis-Duties may be terial officer, and any act permitted to be done by him may be deputy. performed by his lawful deputy.

Affirmation

SECT. 608. Whenever an oath is required by this code, same effect as the affirmation of a person conscientiously scrupulous of tak- oath. ing an oath, shall have the same effect.

puted.

SECT. 609. The time within which an act is to be done, Time, how comas herein provided, shall be computed by excluding the first day and including the last; if the last day may be Sunday, it shall be excluded.

not impaired,

SECT. 610. Section three hundred and eighty-eight shall Right to a jury not be construed to impair the right of a party to a jury, if when. he appear at the trial by himself or attorney, and demand the

same.

Officer taking

undertaking may require affidavit

SECT. 611. The ministerial officer, whose duty it is to take security in any undertaking provided for by this code, of qualifications. shall have the right to require the person offered as surety, to make an affidavit of his qualifications, which affidavit may be made before such officer. The taking of such affidavit shall not exempt the officer from any liability to which he might otherwise be subject, for taking insufficient security.

of sureties.

SECT. 612. The surety in every undertaking provided for Qualifications by this code, must be a resident of this territory, and worth double the sum to be secured, beyond the amount of his debts, and have property liable to execution in this territory equal to the sum to be secured. Where there are two or more sureties in the same undertaking, they must in the aggregate have the qualifications prescribed in this section.

SECT. 613. The judges of the supreme court shall, at the first session of the supreme court, after this code shall take effect, and every two years thereafter, revise their general rules, and make such amendments thereto as may be necessary to carry into effect the provisions of this code; and they shall make such further rules, consistent therewith, as they may deem proper. The rules so made shall apply to the supreme court and the district courts.

Judges of surevise their rules,

preme court may

when. Same

rules apply to

district courts.

Cases arising not covered by this code.

When actions shall be conducted in conformity to this code.

Take effect, when.

CHAPTER V.- PROVISIONS AS TO THE OPERATIONS OF THE CODE.

SECT. 614. Rights of civil action, given or secured by existing laws, shall be prosecuted in the manner provided by this code. If a case ever arise in which an action for the enforcement or protection of a right, or the redress or prevention of a wrong, cannot be had under this code, the practice heretofore in use may be adopted, so far as may be necessary to prevent a failure of justice.

SECT. 615.

SECT. 616. Where, by statute, a civil action, legal or equi table, is given, and the mode of proceeding therein is prescribed, this code shall not affect the proceedings under such statute, until the legislature shall otherwise provide; but, in all such cases, as far as it may be consistent with the statute giving such action, and practicable under this code, the proceedings shall be conducted in conformity thereto. Where the statute designates, by name or otherwise, the kind of action, but does not prescribe the mode of proceeding therein, such action shall be commenced and prosecuted in conformity to this code; where the statute gives an action, but does not designate the kind of action, or prescribe the mode of proceeding therein, such action shall be held to be the civil action of this code, and proceeded in accordingly.

CRIMINAL PROCEDURE.

CHAPTER 9.

AN ACT TO ADOPT AND ESTABISH A CRIMINAL CODE FOR
THE TERRITORY OF DAKOTA.

Be it enacted by the Legislative Assembly of the Territory of
Dakota:

THAT the provisions of this act shall regulate the proceedings in all prosecutions and penal actions in all the courts of this territory, from and after the passage hereof, and shall be known as the Criminal Code.

PERSONS CAPABLE OF COMMITTING CRIMES.

misdemeanor.

SECTION 1. A crime or misdemeanor consists in a viola- A crime or tion of a public law, in the commission of which there shall be a union of joint operation of act and intention, or criminal negligence.

SECT. 2. Intention is manifested by the circumstances connected with the perpetration of the offence, and the sound mind and discretion of the person accused.

Intention.

SECT. 3. A person shall be considered of sound mind who Sound mind. is neither an idiot nor lunatic, nor affected with insanity, and who hath arrived at the age of fourteen years, or before that age, if such person knew the distinction between good and evil.

found guilty.

SECT. 4. An infant under the age of ten years shall not Infant, when be found guilty of any crime or misdemeanor.

guilty, when.

Proviso.

SECT. 5. A lunatic or insane person, without lucid inter- Lunatic found vals, shall not be found guilty of any crime or misdemeanor with which he may be charged: Provided, The act so charged as criminal shall have been committed in the condition of insanity.

SECT. 6. An idiot shall not be found guilty, or punished, An idiot, when

found guilty.

be

Person counselling, advising,

infant, lunatic, or

of crime.

for

any crime or misdemeanor with which he or she may

charged.

SECT. 7. Any person counselling, advising, or encouraging or encouraging an infant, under the age of ten years, lunatic, or idiot, to idiot found guilty commit any offence, shall be prosecuted for such offence, when committed, as principal, and, if found guilty, shall suffer the same punishment that would have been inflicted on such person counselling, advising, or encouraging as aforesaid, had he or she committed the offence directly, without the intervention of such infant, lunatic, or idiot.

Married woman, when acting under threats of husband, not to

SECT. 8. A married woman, acting under the threats, command, or coercion of her husband, shall not be guilty of any be found guilty. crime or misdemeanor not punishable with death, provided it appear, from all the facts and circumstances of the case, that violent threats, command, or coercion were used; and in such case the husband shall be prosecuted as principal, and receive the punishment which would otherwise have been inflicted on the wife, if she had been found guilty.

Drunkenness no excuse for crime, except when.

Misfortunes or accidents.

Persons com

mitting crimes

threats.

SECT. 9. Drunkenness shall not be an excuse for any crime or misdemeanor, unless such drunkenness be occasioned by the fraud, contrivance, or force of some other person or persons, for the purpose of causing the perpetration of an offence; in which case the person or persons so causing said drunkenness, for such malignant purposes, shall be considered principal or principals, and suffer the same punishment as would have been inflicted on the person or persons committing the offence, if he, she, or they had been possessed of sound reason and discretion.

SECT. 10. Acts committed by misfortune or accident shall not be deemed criminal where it satisfactorily appears that there was no evil design or intention, or culpable negligence.

SECT. 11. A person committing a crime or misdemeanor, under dangerous not punishable with death, under threats or menaces which sufficiently show that his or her life or member was in danger; or that he or she had reasonable cause to believe, and did believe, that his or her life or member was in danger, shall not be found guilty; and such threats or menaces, being proved and established, the person or persons compelling, by such threats or menaces, the commission of the offence, shall be considered as principal or principals, and suffer