manner as for disobedience to a summons to assist in the execution

of a process.

Sec. 446. The jailer of every county through which such prisoner may be taken is required to receive and safely keep such prisoner in the jail of which he has charge, when requested by the officer or person having lawful charge of such prisoner, and redeliver him on demand of such officer or person.

Sec. 447. Whenever the governor of this territory shall demand a fugitive from justice from the executive of another state or territory, and shall have received notice that such fugitive will be surrendered, he shall issue his warrant, under the seal of the territory, to some messenger, commanding him to receive such fugitive and convey him to the sheriff of the county in which the offence was committed or is by law cognizable.

Sec. 448. The expenses which may accrue under the last section, being first ascertained to the satisfaction of the governor, shall, on his certificate, be allowed, and paid out of the territorial treasury, as other demands against the territory.

Sec. 449. Whenever, in the opinion of the court, it is proper for the jury to have a view of the place in which any material fact occurred, it may order them to be conducted in a body, under the charge of an officer, to the place, which shall be shown to them by some person appointed by the court for that purpose. While the jury are thus absent, no person other than the officer and a person appointed to show them the place shall speak to them on any subject connected with the trial.

Sec. 450. To make an arrest in criminal actions, the officer may break open any outer or inner door or window of a dwellinghouse, or other building, or any other enclosure, if, after notice of his office and purpose, he be refused admittance.

Sec. 451. When the sheriff or other officer is guilty of corruption in selecting or empanelling a grand or traverse jury, it is good cause of challenge to any of the jurors so selected or empanelled.

Sec. 452. Every judgment, commitment, and process of the district court must be executed by the sheriff.

Sec. 453. When any criminal in the territorial prison is ordered to be returned to the county where he was convicted to await a new trial, the keeper of the territorial prison must execute the order. The keeper is entitled to such fees therefor as are allowed to the sheriff for taking the convict to the territorial prison.

Sec. 454. When the term "person" or other word is used to designate the party whose property is the subject of an offence, or against whom any act is done with intent to defraud or injure, the term may be construed to include the United States, this terri

tory, or any other state or territory, or any public or private corporation, as well as an individual.

Sec. 455. All the definitions of terms in the act preceding the rules of pleading and practice in civil actions, are adopted in this act so far as they are applicable.

Sec. 456. If money has been deposited instead of bail, and the defendant at any time before the forfeiture thereof shall give sufficient special bail, or shall surrender himself in open court, or to the sheriff, as provided in this act, or be in any manner legally discharged, the clerk shall return the deposit.

Sec. 457. If any person charged with, or convicted of, a felony, shall break prison, escape or flee from justice, and abscond or secrete himself, the governor of the territory may, if he deems it expedient, offer any reward, not exceeding one thousand dollars, for the apprehension and delivery of such person to the custody of such sheriff or other officer as he may direct.

Sec. 458. When any person shall apprehend and deliver such fugitive to the proper sheriff or officer, he shall take his certificate of such delivery, and the governor, on the production of such certificate, shall certify the amount of the claim to the auditor of public accounts.

Sec. 459. In all cases in which the governor is authorized by law to grant pardons, he may grant the same on such conditions, and under such restrictions, as he may think proper.

Sec. 460. When any indictment or prosecution shall be quashed, set aside, or reversed, the time during which the same was pending shall not be computed as part of the time of the limitation prescribed for the offence.

Sec. 461. In all cases when a person shall be arrested for any criminal offence, his real estate and mining claims shall be liable for the payment of any judgment imposing any fine or costs upon such person, and such judgment shall be a lien on such real estate or mining claims from the time of such arrest.

Sec. 462. The real estate and mining claims of all persons who sign or enter into any recognizance for the appearance of any person charged with any criminal offence shall, if such recognizance be forfeited, be liable for the payment of any judgment which may be recovered thereon, and such judgment is hereby declared to be a lien upon such property from the date of such recognizance. Nothing in either of the above sections shall be construed so as to prohibit the issuing of execution and the enforcing the collection thereof out of any other property of the defendants than above enumerated.

Sec. 463. No person shall be tried for any offence while he is insane.

Sec. 464. If any defendant, at the time he is arraigned, declares he is insane, or there is reasonable cause for believing he is insane,

the court shall institute the same proceedings as is provided when a defendant declares he is insane, when called upon to show why judgment of court should not be pronounced against him.

Sec. 465. If the jury find that the defendant is sane, the trial shall proceed; but if insane, the defendant shall be delivered to the custody of the person provided by law for the keeping of the insane, or to the custody of some suitable person.

Sec. 466. If the person to whose custody such insane person is confided, at any time think he has recovered his reason, he shall bring him into court, and deliver him to the proper officer; and if the court is satisfied that such defendant is sane, the trial shall proceed.

Sec. 467. The keeping of an insane defendant, where there is no fund provided by the territory for the keeping of insane persons, shall be at the expense of the county where the offence was committed.

CHAPTER XIX.

PROCEEDINGS IN PROBATE AND JUSTICE OF THE PEACE COURTS.

Sec. 468. Criminal actions before probate or justice's court, presented by complaint.

Sec. 469. What complaint must specify.

Sec. 470. By whom complaint may be made.

Sec. 471. When complaint filed, warrant to issue.

Sec. 472. Defendant must be present in person on trial.

Sec. 473. How defendant arraigned.

Sec. 474. Time to plead given defendant.

Sec. 475. Defendant entitled to counsel.

Sec. 476. Defendant may correct name in complaint.

Sec. 477. If he give his true name-proceeding.

Sec. 478. Defendant may demur, plead, or answer.

Sec. 479. If demurrer be sustained-effect of.

Sec. 480. Defendant may waive jury.

Sec. 481. Defendant may consent to less jury than twelve.

Sec. 482. Waiver or consent entered on minutes.

Sec. 483. Qualifications of jurors.

Sec. 484. Challenges allowed.

Sec. 485. Court to decide law-not charge jury to facts.

Sec. 486. Jury may separate by consent.

Sec. 487. Verdict to be general.

Sec. 488. Verdict delivered publicly to court.

Sec. 489. One of defendants may be found guilty-others ac

quitted.

Sec. 490. If more than one defendant tried, jury may agree as to part and disagree as to others-effect of."

Sec. 491. When jury cannot agree, to be discharged.

Sec. 492. Jury may fix punishment in certain cases; on failure of jury, court to affix.

Sec. 493. Court may modify penalty.

Sec. 494.

Sec. 495.
Sec. 496.

Sec. 497.

If court tries case to fix penalty.
When punishment inadequate-proceeding.
Trial may be postponed.

If recognizance not given, defendant committed.

Sec. 498. If recognizance forfeited, to be certified, &c.

Sec. 499. Injured party and material witnesses summoned.
Sec. 500. If offence not cognizable-proceeding as committing

magistrate.

Sec. 501. Costs-how paid, if defendant discharged.
Sec. 502. If conviction-judgment of fine and costs.

Sec. 503. Defendant may be discharged after committal.
Sec. 504. Defendant may appeal.

Sec. 505. When appeal taken, proceedings sent to district court.
Sec. 506. If appeal taken on day of trial, witnesses recognized.
Sec. 507. Clerk to enter appeal on docket.

Sec. 508. Costs to abide suit.

Sec. 509. If judgment affirmed or modified-effect of.

Sec. 510. Appeals tried anew in district court.

Sec. 511. Execution to issue unless judgment paid.

Sec. 512. For what execution issued and how returned; costs returned to county if collected after payment by county.

Sec. 513. Penalty for misdemeanor in office under this chapter.
Sec. 574. If case continued witnesses not re-summoned.
Sec. 515- When execution returned.

Sec. 516. Fines collected-when and to whom paid.
Sec. 577 Failure of court to pay over money penalty.
Sec. 578 Copy of judgment of imprisonment delivered to jailer.
Sec. 579 Causes now pending not affected.

Sec. 520. Prosecuting attorney may except to rulings of court.
Sec. 521. Territory may appeal.

Sec. 522. Manner appeals to be taken.

Sec. 523 If cause reversed in district court-proceeding.
Sec. 52. Prosecutor taxed with costs may appeal.

Sec. 5. Practice in causes commenced before this act takes

effect.

Sec. 526. Prosecutions after this act takes effect and repealing

clause.

Sec. 527. When act takes effect.

Sec. 468. All criminal actions in either the probate or justice of the peace courts shall be presented by complaint.

Sec. 469. The complainant must specify the name of the defendant, if it be known to complainant; and if not known, then he may be designated as "John Doe, whose real name is unknown." The complaint must state, generally, the crime of which the defendant is accused, with such particulars of time, place, person, and property as will enable the defendant to understand distinctly the character of the defence complained of, and to answer the complaint.

Sec. 470. The complaint may be made by any one having knowledge of the commission of the offence, or by any sheriff, constable, or other peace officer, or by the district attorney. It must be made under oath, when made by the sheriff, constable, or other peace officer, or by the district attorney; he may make oath only, that he is informed and believes that the defendant is guilty of the crime charged.

Sec. 471. When the complaint is filed, the judge or justice of the peace in whose court the same has been filed shall issue a warrant for the arrest of the defendant, if he be not already in custody.

Sec. 472. The defendant must be personally present before the trial can proceed.

Sec. 473. The defendant shall be arraigned by the reading of the complaint to him, and asking him to state his true name.

Sec. 474. When arraigned, the defendant may ask time to plead to or answer the complaint, and the court may grant him, not to exceed twenty-four hours.

Sec. 475. It shall be the duty of the court to inform the defendant that he is entitled to the assistance of counsel, and if he be too poor to employ one himself, the court, if he requires it, may appoint some suitable person to act as his counsel.

Sec. 476. The defendant, if he declare that the name given him in the complaint is not his true name, shall make known what it is, and if he fail to do so, he shall not afterward be allowed to raise the objection that he was not complained of under his true

name.

Sec. 477. If he give his true name, the court shall make a minute of the same, and thereafter the case shall proceed in that

name.

Sec. 478. The defendant may demur, plead, or answer to the complaint, in the same manner, and for the same reasons, as a defendant may do to an indictment.

Sec. 479. If a demurrer to any complaint be sustained for any other cause than that of a want of jurisdiction in the court to hear the offence charged, a new complaint may be made against the defendant.