Page:1862 Territory of Dakota Session Laws.pdf/244

CHAP. IX.] any offence at any stage of the proceedings, or against whom complaint in a lawful manner is made, charging the commission of an offence, including all proceedings, from the order for arrest to the final execution of the law, and the word “defendant" is used in the same sense.

. 254. A "criminal action," as used in this code, means the whole and any part of the procedure which the law provides for bringing offenders to justice, and the terms "prosecution," "criminal prosecution," "accusation," and "criminal accusation," in the same sense.

. 255. An "accused person" is termed a convict after final condemnation by the highest court of resort, which by law has jurisdiction of his case, and to which he may have thought proper to appeal.

. 256. The term "criminal process" is intended to signify any capias, warrant, citation, summons, attachment, or other written precept or order issued in a criminal proceeding, whether the same be to arrest, commit to jail, collect money, or for whatever other purpose used.

. 257. The word "writing" includes printing; the word "oath" includes affirmation.

. 258. The word "signature" includes the mark of a person unable to write his name; a mark shall have the same effect as a signature, when the name is written by some other person, and the mark is made near thereto by the person unable to write his name.

. 259. Except where a word, term, or phrase is specially defined, all words used in this code are to be taken and construed in the sense in which they are understood in common language, taking into consideration the context and subject matter relative to which they are employed.

. 260. And be it further enacted, that all civil rights which have accrued under any former act or law of this territory are hereby reserved and continued, and the same may be prosecuted to judgment and enforced by execution and satisfaction, and that all violations of the criminal law heretofore in force may be proceeded with by indictment and trial, or other lawful or proper proceeding or proceedings, to conviction and punishment, the same as if this criminal code had not been enacted.

. 261. That the words General Assembly, when used