point some attorney to appear in his behalf, and make defence for him.

Sec. 51. At the time and place appointed, and before the council proceed to act on the impeachment, the secretary of the territory shall administer to the president of the council, and to each of the members present, an oath or affirmation, truly and impartially to hear, try, and determine the truth of the articles of impeachment, to the best of their knowledge and ability; and no member of the counsel shall act or vote upon the impeachment or any question arising therefrom, without having taken such an oath or affirmation.

Sec. 52. The oath or affirmation having been administered, the council shall proceed to try and determine the impeachment, and may adjourn the trial from time to time.

Sec. 53. The defendant cannot be convicted without the concurrence of two-thirds of the members present; and if twothirds of the members present do not concur in the conviction, the defendant shall be declared acquitted.

Sec. 54. After conviction the council shall immediately, or at such other time as they shall appoint, pronounce judgment, which shall be in the form of a resolution, entered upon the journal of the council; and the vote upon the passage thereof shall be taken by ayes and nays, which shall, in like manner, be entered upon the jourral.

Sec. 55. On the adoption of the resolution by a majority of the members present, who voted on the question (of) acquittal or conviction, the same shall be the judgment of the council.

Sec. 56. The judgment may be that the defendant be suspended or removed from office, or that he be removed from office and disqualified to hold and enjoy a particular office or class of offices, or any office of trust, honor, or profit in this territory.

Sec. 57. If judgment of suspension be given, the defendant shall, during the continuance thereof, be disqualified from receiving the salary, emoluments, or fees of the office.

Sec. 58. When articles of impeachment against any officer subject to impeachment shall be presented to the president of the council, such officer shall temporarily be suspended from his office, and shall not act in his official capacity until duly acquitted. Upon such suspension of any territorial officer, created by territorial law, the governor shall immediately appoint some suitable person to take charge of his office, by and with the advice of the council, until the acquittal of the defendant; or in case of his removal, until the vacancy be filled as provided by law; and such appointee shall give the bonds required by law for the faithful discharge of his duties.

Sec. 59. If the offence for which the defendant is impeached

be the subject of an indictment, the indictment shall not be barred by the impeachment.

Sec. 60. Any county, district, or township officer, who shall be duly convicted of any crime which involves a wilful and corrupt misconduct in his office, shall have, in addition to the penalty usually affixed to such crimes, the further one of forfeiture of any and all offices of trust he may hold, and it shall be the duty of the court in which such offender may be convicted, to enter judgment that he be removed from all offices of honor, trust, or profit; and may add, that he shall be forever disqualified from holding any such office in this territory.

Sec. 61. When any person holding any county office shall have been indicted for the embezzlement of any moneys which haye come into his hands by virtue of his office, the county commissioners of the proper county shall have power, if, upon due examination, they find that there are good grounds for believing the said person guilty of the charge set forth in the indictment, of suspending him from office, until the indictment against him is finally disposed of; and they shall have the power, and it shall be their duty, to appoint some qualified person to discharge the duties of such office during the suspension of such office.

Sec. 62. For the purposes of impeachment, the district attorneys for the several districts of this territory shall be considered and classed as territorial officers.

CHAPTER VI.

ARREST AND EXAMINATION OF OFFENDERS.

Sec. 63. Arrest—definition of.

Sec. 64. How and by whom arrests may be made.

Sec. 65. Officer making arrest shall state his authority. Sec. 66. Officer having authority to arrest, shall make arrests without warrants in certain cases.

Sec. 67. A private person may make arrests in certain cases. Sec. 68. Duty of officer and private person in making arrests without warrant.

Sec. 69. Duty of private person after making arrest.

Sec. 70. Offence about to be committed in presence of magistrate -duty of magistrate.

Sec. 71. How arrest shall be made, and extent of restraint.
Sec. 72. In case offender flee, power of officer.

Sec. 73. All persons to aid officer when required.

Sec. 74. Persons escaping may be rearrested.

Sec. 75. Duty of person knowing crime to have been committed, to make complaint.

Sec. 76. What complaint shall contain.

Sec. 77. Duty of magistrate before whom complaint is made.

Sec. 78. Officer pursuing from one county to another.

Sec. 79. Person making complaint to inform magistrate, &c. Sec. 80. Defendant may enter into recognizance without trial where offence not punishable with death or imprisonment in penitentiary.

Sec. 81. In cases mentioned in last section, magistrate to endorse amount of bail.

Sec. 82.

Sec. 83.

Sec. 84

Sec. 85.

Sec. 86.
Sec. 87.

Duty of magistrate taking bail—witnesses to be summoned.

If magistrate, where arrest made, do not admit to bail, accused taken before magistrate who issued warrant. When offence charged punishable with death, or imprisonment in penitentiary, prisoner to be taken to county where warrant issued.

All persons arrested shall be taken before magistrate. Magistrate may adjourn examination or trial. If person recognized default, duty of magistrate. Sec. 88. If accused do not give bail, committed to prison. Sec. 89. Person arrested without warrant and taken before magistrate; duties of certain officers.

Sec. 90. Duty of committing magistrate when accused is brought before him.

Sec. 91. Legal evidence only received.

Sec. 92. Witnesses examined in presence of defendant; if either party demand, evidence taken in writing.

Sec. 93. Defendant may make statement under oath; prosecution may cross-examine.

Sec. 94. Magistrate may consider defendant's statement.
Sec. 95. Examination not to be delayed; may be continued.
Sec. 96. Duty of magistrate on examination.

Sec. 97. If not probable cause of guilt, defendant to be discharged. Sec. 98. When defendant committed, magistrate to endorse amount of bail on mittimus; exceptions.

Sec. 99. Witnesses to be recognized if defendant held to bail. Sec. 100. Magistrate may require witnesses to give security on recognizance.

Sec. 101. How recognizance of married woman or minor to be taken.

Sec. 102. If witness refuse to recognize, to be imprisoned. Sec. 103. Judge of court of record may admit to bail, if prisoner committed for bailable offence.

Sec. 104. Examining magistrate may associate one or more magistrates with himself.

Sec. 105. Magistrate to certify examinations and recognizances to clerk of court having jurisdiction.

Sec. 106. Person under recognizance defaulting, judgment against. Sec. 107. Surety on recognizance discharged by surrendering principal.

Sec. 108. Recognizance not barred or defeated by defect, &c. Sec. 109. When defendant's statement made, witnesses for defendant excluded from court.

Sec. 110.

Examining magistrate to file all papers with clerk of court to which prisoner recognized.

Sec. 111. Defendant may waive examination; order of court. Sec. 112. Accused admitted to bail, except in cases punishable with death.

Sec. 113. Either party may have witnesses excluded; duty of magistrate to instruct witnesses.

See 114. When magistrate holds defendant to bail, to endorse order on complaint.

Sec. 115. Form of order.

Sec. 116. Form of order when defendant discharged.

Sec. 63. Arrest is the taking of a person into custody that he may be held to answer a public offence.

Sec. 64. An arrest may be made in the following manner: First. By a peace officer under a warrant. Second. By a peace officer without a warrant. Third. By a private person.

Sec. 65. When an officer arrests a person, in pursuance of a warrant directed to him, he shall state by what authority he makes the arrest; and, if requested by the person arrested, shall show his warrant.

Sec. 66. An officer having authority to make arrests, shall arrest a person without a warrant: First. When a person is attempting or has committed a public offence. Second. When a felony in fact has been committed, and he has reasonable grounds for believing the person arrested has committed the same. Third. Where he has reasonable grounds to believe that a person has committed an offerce, and that he may escape or attempt to escape, before he can be arrested by a warrant issued by some proper officer.

Sec. 67. A private person may make an arrest: First. For a public offence committed or attempted to be committed in his presence. Second. When he has reasonable cause for believing that a person has committed a felony, and that said person may flee before he can be arrested by a proper officer.

Sec. 68. An officer acting without a warrant, must first state his official character and the reason for making the arrest, unless the person about to be arrested is in the actual commission of the offence, or when he is pursued, after an escape or flight. A private person before making an arrest shall state to the person about to be arrested the cause thereof, and require him to submit, except when such person is in the actual commission of the offence, at the time thereof, or is in actual flight thereafter.

Sec. 69. A private person who has made the arrest of another must, without unnecessary delay, take him before a magistrate or deliver him to a peace officer.

Sec. 70. When a public offence is, or is about to be committed, in the presence of a magistrate, he may, by verbal order, command any person or persons to arrest the offender; and may thereupon proceed as if the offender had been brought before him

on a warrant of arrest.

Sec. 71. An arrest shall be made by the actual restraint of the person of the defendant, or by his submission to the custody of the officer or private person; the defendant shall not be subject to any more restraint than is necessary for his arrest and detention.

Sec. 72. If, after notice of intention to arrest a person by an officer, said person flee or forcibly resist, the officer may use all necessary means to effect the arrest.

Sec. 73. Every person required by an officer, shall aid him in making an arrest.

Sec. 74. If a person arrested escape or be rescued, the person from whom he escaped or was rescued may immediately pursue and retake him at any time and any place within this territory.

Sec. 75. It shall be the duty of every person who has knowledge that any person has committed an offence against the public, or who knowing that a public offence has been committed and has reasonable cause for believing that a certain person has committed the same, to proceed before some magistrate within the county where the offence was committed and make complaint of such

person.

Sec. 76. The complaint must state the name of the person accused, if known, and if not known, he may be designated as Richard Roe, whose (real) name is unknown to complainant, the county in which the offence was committed, the time when the same was committed, to the best of complainant's knowledge and belief, the general name of the offence, as murder, grand larceny, assault and battery, and the person against whom or against whose property the offence was committed, if the same be known; and if the offence be against the property of any person, the general description of the property; the complaint must be subscribed and sworn to by complainant.

Sec. 77. When a complaint is made before any magistrate, charging any person with the commission of a public offence within his jurisdiction, it shall be the duty of such magistrate to issue a warrant immediately to any peace officer having authority to make arrest in his county, commanding him to forthwith arrest such offender at any place within the territory, and bring him before such magistrate, or in case he shall be unable to act, before the nearest and most accessible magistrate within the county, to be dealt with according to law.

Sec. 78. An officer pursuing a person, for whom he has a war