Page:1862 Territory of Dakota Session Laws.pdf/548

GENERAL INDEX. CIVIL PROCEDURE-Continued.

Duties of Clerks, 168. issue writs and orders for provisional remedies and other processes, when, 169. shall file all papers delivered for that purpose, 163. shall indorse time of Aling and return day of papers, 164. enter names of defendants summoned, and days served, 164. keep records, books, &c., 164. certain rules of district courts apply to other courts, 154. other and duties according to law, 164. Duties of Sheriffs, 154. shall indorse time of receipt on papers, 154. shall execute summons, &c. - if he fails to do so, 154. other powers and duties according to law, 154. Miscellaneous Provisions, 166. duties may be performed by lawfal deputy, 156. time, how computed, 166. right to a jury not impaired, when, 166. officer taking undertaking may require affidavit of qualifications, 155. necessary qualifications of sureties, 156. judges of supreme court may revise their rules, when, and same shall apply to district courts, 165. Provisions as the operations of the Code, 156. of cases arising not covered by this code, 166. when actions shall be conducted in conformity to this code, 156. CRIMINAL PROCEDURE, Persons capable of committing Crimes, 167. act to adopt and establish code of, 167. definition of crime or misdemeanor, 157. intention, how manifested, 167. person considered of sound mind, when, 167. infant under age of ten n years not found guilty, 157. lunatic found guilty, when, 167. idiot not found guilty, 167. person counselling, advising, or encouraging infant, lunatic, or idiot found guilty of married woman, when acting under threats of husband, not found guilty, 168. drunkenness no excuse for crime, except when by fraud or force, 168. acts committed by misfortune or accident not deemed criminal, 158. persons committing crimes under dangerous threats, 168. if person becomes insane after commission of crime, 169. Accessories to Crime, 169. definition principals - accessories after the fact, how punished, 169. Who may be Witnesses in Criminal Cases, 159. parties injured may be witnesses, when, 169. all persons except negroes and Indians competent witnesses, when, 160. affirmation sufficient - if false, same as perjury, 160. Offences against the Persons of Individuals, 160. murder, definition of, 160. express malice, definition of, 160. malice, 160. for murder, 160. manslaughter, definition of, 160. the cause must be serious and highly provoking, 160. killing must be without interval for reasoning, 160. involuntary manslaughter, 161. punishment for manslaughter, 161. killing, murder only when the party hurt dies within a year and a day, 161. crime, 158. implied malice, der death the penalty