Page:1862-63 Territory of Dakota Session Laws.pdf/132

Rh which the defendant shall not have been an inhabitant of, or usually resident within this territory, shall not constitute any part of the said limitation of three years.

Sec. 25. When any offense shall have been committed within this territory, on board of any vessel navigating any river or lake, an indictment for the same may be found in any county through which, or any part of which such vessel shall be navigated during, or in the course of the same voyage or trip, or in the county where such voyage or trip shall terminate; and such indictment may be tried, and a conviction thereon had, in any such county in the same manner, and with the like effect, as in the county where the offense was committed.

Section 1. When the indictment is filed, the defendant must be arraigned thereon, before the court in which it is found if it be triable therein, or if not, before the court to which it is sent or removed.

Sec. 2. If the indictment be for a felony, the defendant must be personally present; but if for a misdemeanor only, his personal appearance is unnecessary, and he may appear upon the arraignment by counsel.

Sec. 3. When his personal appearance is necessary, if he be in custody, the court may direct the officer in whose custody he is, to bring him before it to be arraigned; and the officer must do so accordingly.

Sec. 4. If the defendant has been discharged on bail, or has deposited money instead thereof, and do not appear to be arraigned when his personal attendance is necessary, the court, in addition to the forfeiture of the undertaking of bail, or the money deposited, may direct the clerk to issue a bench warrant for his arrest.