preservation of the public peace, to be kept, and in the execution of that power, may require persons to give security to keep the peace in the manner provided in this chapter.

Proceedings to keep the peace.

SEC. 128. Whenever complaint is made to a magistrate that any person has threatened to commit any offence against the person or property of another, it is the duty of the magistrate to examine such complaints and any witnesses he may produce on oath, and to reduce such examination to writing, and cause the same to be subscribed by the parties so examined.

Magistrate to issue warrant for arrest of persons charged with intent to break the peace.

SEC. 129. If it appears from such examination, that there is just cause to fear the commission of any public offence, such magistrate must issue a warrant under his hand directed generally to the sheriff of the county, or any constable, marshal, or policeman of the city or town, reciting the information and commanding the officer to forthwith arrest the person complained of, and bring him before the magistrate.

Proceedings after arrest.

SEC. 130. When the person complained of, is brought before the magistrate, if the charge be controverted, the magistrate must take testimony in relation thereto. The evidence must be reduced to writing and subscribed by the witnesses.

Discharge of accused.

SEC. 131. If it appear that there is no just reason to fear the commission of the offence alledged, the person complained of must be discharged.

Accused held to bail.

SEC. 132. If there be just reason to fear the commission of the offence, the person complained of, may be required to enter into a recognizance in such sums as the magistrate may direct, with one or more sufficient sureties, to abide the order of the next district court of the county, and in the meantime to keep the peace toward the people of this Territory, and particularly toward the complainant.

Party discharged if giving required bail.

SEC. 133. If the recognizance required by the last section be given, the party complained of must be discharged. If he do not give it, the magistrate must commit him to prison, specifying in the warrant the requirements to give security, the amount thereof, and the omission to give the same.

SEC. 134. If the person complained of be committed for not giving a recognizance, he may be discharged by a magistrate upon giving the same.

Recognizance and Depositions.

SEC. 135. The recognizance, together with the complaint, depositions and other papers in the cause, must be returned by the magistrates to the District Court of the County, on the first day of the next term thereof.

Assault in presence of a Court or Magistrate.

SEC. 136. Any person, who, in the presence of a Court or Magistrate, shall assault, or threaten to assault, another, or to commit an offense against his person or property, may be ordered by the Court or Magistrate to give security as above provided in the section relating to keeping the peace.

Persons entering into recognizance must appear on first day of Term.

SEC. 137. A person who has entered into recognizance to keep the peace, must appear on the first day of the next term of the District Court of the County; and if the complainant appear and the defendant do not appear, the court may forfeit the recognizance, and order the same to be prosecuted.

Recognizance to be discharged when neither party appear.

SEC. 138. If neither the complainant nor the defendant appear, the court must discharge the recognizance on payment of costs by the defendant; but if both parties appear, the court may hear their proofs and allegations, and may either discharge the recognizance, or require a new one for a time not exceeding one year.

CHAPTER XIV.

POLICE IN CITIES AND VILLAGES AND THEIR ATTENDANCE AT

EXPOSED PLACES.

SEC. 139. The organization and regulation of the police in cities and towns, shall be as regulated by law.

The Mayor of a city to preserve the peace.

SEC. 140. The mayor, or other officer having the direction of the police in a city or village, must order a force sufficient to keep the peace, and to attend any public meeting when he is satisfied that a breach of the peace is to be apprehended.

SEC. 141. If there be no police in such city or town, he may order out such a number of able-bodied citizens as he may deem necessary for the purpose of keeping the peace, as provided in the last section.

CHAPTER XV.

RESISTANCE OF PROCESS AND SUPPRESSION OF RIOTS.

Officer to call out posse to assist in serving process, when necessary. SEC. 142. When a sheriff, or other officer authorized to execute process, finds, or has reason to apprehend, that resistance will be made in the execution thereof, he may command as many male inhabitants of his county as he may think proper, any military company or companies in the county, armed and equipped, to assist him in overcoming the resistance; and if necessary, in seizing, arresting and confining the resisters and their aiders and abettors to be punished by law.

SEC. 143. The officer shall certify to the court from which the process issued, the names of the resisters and their aiders and abettors, to the end that they may be punished for a contempt. Refusing to obey officer.

SEC. 144. Every person commanded by a public officer to assist him in the execution of process, as provided in the first section of this chapter, who, without lawful cause, refuses or neglects to obey such command, is guilty of a misdemeanor.

When Governor may order out militia.

SEC. 145. If it appear to the Governor that the power of any county is not sufficient to enable the sheriff to execute process delivered to him, he may, on the application of the sheriff, order such posse or military force from any other county or counties, as is necessary.

Punishment for violation of provision of this chapter.

SEC. 146. If any person be convicted of any contempt or misdemeanor set forth in this chapter, he shall be punished by fine not exceeding three hundred dollars, or by imprisonment in the county jail not exceeding six months.

CHAPTER XVI.

THE LOCAL JURISDICTION OF PUBLIC OFFENSES.

Jurisdiction of sheriff in criminal offences.

SEC. 147. When a public offense has been committed, the jurisdiction is within the county in which it was committed; but the sheriff or officer making the arrest shall have jurisdiction over the whole Territory to serve the warrant.

Offence committed near boundary line of two or more counties.

SEC. 148. When a public offense is committed in part in one county and part within another, or when the acts or effects constituting or requisite to the consummation of the offense occur in two or more counties, jurisdiction is in either county.

SEC. 149. When a public offense is committed on the boundary of two or more counties, or within five hundred yards thereof, the jurisdiction is in either county.

SEC. 150. When the offense of bigamy is committed in one county and the defendant is apprehended in another, the jurisdiction is in either county.

CHAPTER XVII.

LIMITATION OF INDICTMENTS AND PENAL ACTIONS.

SEC. 151. No person or persons shall be prosecuted, tried or punished for any offense denominated by the common law felony, (treason, murder, arson and forgery excepted) unless the indictment for the same shall be found by a grand jury within three years next after the offense shall have been done or committed. Nor shall any person be prosecuted, tried or punished for any misdemeanor or other indictable offense below the grade of felony, or for any fine or forfeiture under any penal statute, unless the indictment, information or action for the same shall be found or instituted within one year from the time of committing the offense or incurring the fine or forfeiture. Provided; That nothing herein contained shall extend to any person fleeing from justice. And provided, also; That where any suit, information or indictment for any crime or misdemeanor is limited by any statute to be brought or exhibited within any other time than is hereby limited, then the same shall be brought or exhibited within the time limited by such statute. Provided, also; That where any information, indictment or suit shall be quashed, or the proceedings on the same set aside or reversed, it shall not be reckoned within this statute so as to bar any new indictment, information or suit for the same offense.

CHAPTER XVIII.

INFORMATION AND MAGISTRATES.

SEC. 152. The information is the allegation made to a magistrate that a person has been guilty of some designated public offense.

Who are magistrates.

SEC. 153. The following persons are magistrates:

First: The Judges of the Supreme Court.

Second: The Judges of the District and County Courts.

Third: Justice of the Peace.

Fourth: Police and other special Justices in cities, towns and villages.

Fifth: The Mayors of cities and towns.

Magistrate to examine accused.

SEC. 154. When an information is laid before a magistrate, of the commission of a public offence triable within the county, he must examine on oath, the informant or prosecutor and any witness he may produce, and take their depositions in writing and cause them to be subscribed by the party making them.

Affidavits to set forth the facts.

SEC. 155. The affidavits must set forth the facts stated by the prosecutor and his witnesses, tending to establish the commission of the offence and the guilt of the defendant.

SEC. 156. If the magistrate be satisfied from such testimony, that the offence complained of has been committed, and that there is reasonable grounds to believe that the defendant has committed it, he shall issue a warrant of arrest.

Warrant to specify the named of accused and offence of which he is charged.

SEC. 157. The warrant must specify the name of the defendant, or if it be unknown to the magistrate, he may be designated therein by any name. It must also state an offence which authorizes the magistrate to issue the warrant, the time of issuing it, and the county, city or town, or village where it was issued, and must be signed by the magistrate with his name and office.

SEC. 158. The warrant must be directed to, and executed by a peace officer, and may be executed in any county of this Territory.

Who are Peace Officers.

SEC. 159. Peace officers are sheriffs of counties, constables, marshals and policemen of cities, towns and villages respectively.

Before whom offender to be brought.

SEC. 160. The officer making the arrest must take the defendant before the magistrate who issued it, or in the event of his absence or inability to act, before the nearest or most accessible magistrate in the county where the warrant was issued.

SEC. 161. In all cases where the defendant has been arrested, he must be taken before the magistrate without unnecessary delay.

SEC. 162. If the defendant be brought for examination before a magistrate of the county other than the one who issued the warrant, the affidavits on which the same was issued must be sent to such magistrate, or if they cannot be procured, the prosecutor and his witnesses must be summoned to give their testimony anew.