CHAPTER 78. AN ACT TO LOCATE AND ESTABLISH A TERRITORIAL ROAD TEAU CREEK. Be it enacted by the Legislative Assembly of the Territory of SECTION 1. That Henry Brooks, C. C. Cooper, and Samuel Mortimer, be and they are hereby appointed commissioners to locate and establish a territorial road from Yankton, via Smutty Bear's Camp, Bon Homme, Springfield, and Neshuda, to the mouth of Choteau creek. SECT. 2. It shall be the duty of said commissioners or a majority of them, to meet at Yankton on or before the first Monday in June next, and proceed to locate said road. SECT. 3. Said commissioners shall have power to employ all necessary help for the location of said road, and that said commissioners be paid at the rate of two dollars per day, while necessarily engaged in making the said location. SECT. 4. Each county shall pay the expenses incurred in locating, surveying, marking, and staking the same in the said county. SECT. 5. If a majority of the commissioners do not meet at the time prescribed, it shall be the duty of such as are there, to fill the commission and proceed to locate the same, and mark, and plat, and file the same, in the county clerk's office of the county through which it passes. SECT. 6. This act shall take effect immediately upon its passage, and approval by the governor. Approved April 5, 1862. W. JAYNE, Governor. RIGHTS OF PERSONS. CHAPTER 79. AN ACT TO DEFINE THE RIGHTS OF PERSONS WHO ARE Be it enacted by the Legislative Assembly of the Territory of Dakota: for criminal when. SECTION 1. No person shall be held to answer for criminal, Held to answer offence, unless on the presentment or indictment of a grand offences only, jury, except in cases of impeachment, or in cases cognizable by justices of the peace, or arising in the army, or in the militia when in actual service in time of war or public danger. SECT. 2. In all criminal prosecutions the accused shall enjoy the right to be heard by himself and counsel; to demand the nature and cause of the accusation against him; to meet the witnesses face to face; to have compulsory process to compel the attendance of witnesses in his behalf, and in prosecutions by indictment or information, to a speedy public trial by an impartial jury of the county or district wherein the offence shall have been committed, which county or district shall have been previously ascertained by law. Rights of ac cused. No person convicted except, SECT. 3. No person indicted for an offence shall be convicted thereof, unless by confession of his guilt in open court, when. or by admitting the truth of the charge against him by his plea or demurrer, or by the verdict of a jury accepted and recorded by the court. to answer twice when. SECT. 4. No person shall be held to answer on a second, No person held indictment for an offence of which he has been acquitted by for same offence. the jury, upon the facts and merits, upon a former trial; but such acquittal may be pleaded by him in bar of any subsequent prosecution for the same offence, notwithstanding any defect in the form or in the substance of the indictment on which he was acquitted. If acquitted on ground of variance, &c. No punishment until convicted, how. Take effect, when. SECT. 5. If any person who is indicted for an offence shall, on his trial, be acquitted upon the ground of a variance between the indictment and the proof or upon any exception to the form or the substance of an indictment, he may be arraigned again on a new indictment, and may be tried and convicted for the same offence, notwithstanding such former acquittal. SECT. 6. No person who is charged with any offence against the law, shall be punished for such offence, unless he shall have been duly and legally convicted thereof, in a court having competent jurisdiction of the cause and of the person. SECT 7. This act shall take effect and be in force from and after its passage, and approval by the governor. Approved April 30, 1862. SALVAGE. W. JAYNE, Governor. CHAPTER 80. AN ACT RELATIVE TO SALVAGE. Be it enacted by the Legislative Assembly of the Territory of SECTION 1. When any boat, canoe, or other vessel or raft shall be lost, wrecked, or found adrift and in a perishable condition, on or in any river in this territory, any person may take up and secure the same, at or near the place where found, and may retain the same against the rightful owner or owners thereof, until salvage be paid; or may have and maintain a civil action against such owner or owners for the amount of salvage due, under the provisions of this chapter. SECT. 2. Whenever any boat, canoe, or other vessel or raft, shall be taken up and secured, if the same shall exceed the value of ten dollars, the taker up shall forthwith go before the justice of the peace nearest to the place, and in the precinct where such property shall have been secured, and make oath that the property was wrecked or lost, and found adrift, without the consent of the owner, as he believes, and was in a perishable condition, and that he was not directly or indirectly instrumental in causing the property to be so wrecked, lost, set adrift, or placed in a perishable condition; and shall further state, under oath, a description and the quantity and quality of such property, and the time it was taken up and secured, and that he has not secreted or disposed of, directly or indirectly, any part thereof; and shall forthwith put up notices in three public places near the place, and in the county in which said property was so taken up and secured, describing said property, and the time it was taken up, and notifying the owner thereof to prove property, pay charges, and take the same away. refuses to deliver. SECT. 3. If the owners shall apply for and identify said Duty of owners. property by proof, under oath, certified by any person authorized to administer the same, within thirty days from the day on which the same was taken up, and shall pay to the person so taking up and securing the same, the sum of five dollars for taking up and fifty cents per day for keeping said property, for each day that has expired between the day the said property was taken up and that on which the said owner shall have applied for and identified the same, he shall be permitted to take the same away; and, if the person so taking up If taken up, said property shall refuse to deliver the same to the owner thereof, or his agent, after being tendered the amount above described, the said owner may apply to the nearest justice of the peace of the county in which said property was so secured, and before him prove his right of possession to the same; whereupon the said justice of the peace, if the property is not valued at more than one hundred dollars, shall receive the sum due for taking up and keeping said property, and shall forthwith issue a writ of restitution directed to the sheriff or constable of his county. Sheriff or con stable to deliver. SECT. 4. Said sheriff or constable shall thereupon proceed to take said property and deliver the same into the possession of the person legally entitled to the same; and the fees of said Fees, how paid. justice, as well as [of] the witnesses and officers executing If property valued at more than one hundred dollars. If property not applied for within thirty days. If property more than ten dollars. the same, and all other costs arising from said examination and restitution, shall be paid by the person taking up and securing such property; but, if said property is valued at more than one hundred dollars, the said justice, after hearing the testimony in the case, shall take the same down in writing, and shall certify, to the clerk of the district court of his proper county, all his proceedings in the case, and a copy of all testimony taken therein, with a bill of costs incurred before him; and the said clerk of the district court, if satisfied that the person so applying, from the testimony given, is entitled to the possession of the said property, shall receive the amount due to the person so taking up and securing the same, and shall forthwith issue a writ of restitution, requiring the sheriff of the county to cause the property to be placed in the possession of the persons so appearing to be entitled to the same; and the said person, so taking up and securing the said property, shall be liable for all costs. SECT. 5. If said property shall not be applied for previous to the expiration of thirty days from the date of its being taken up, then the person taking up and securing the same shall notify the justice of the peace, before whom he made oath in the first instance, relative to the taking up and securing said property, and it shall be the duty of said justice of the peace to cause three disinterested persons to examine and assess, under oath, the value of said property so taken up, its position and condition, and make report of said examination and assessment to the said justice; and, if the property is assessed at more than ten dollars, the said justice shall forthwith cause a description and valuation of said property to be published in a newspaper of his county, for three successive weeks, and notice given that unless the owner of the said property shall appear and identify the same, and pay the charges incurred thereon, within fifty days, the property will be sold to pay the same; and, if there is no paper printed in his county, the same notice, description, and valuation of said property shall be given, by posting up the same in three public places within his county. SECT. 6. At the expiration of thirty days from the date of dred dollars, to said notice, if the property remains unclaimed and exceeds the value of one hundred dollars, said justice shall certify to the clerk of the district court of his proper county, a copy of all his doings in the case; and on receipt of said certified If property exceeds one hun be sold by sheriff, how. |