Page:1862 Territory of Dakota Session Laws.pdf/553

536 CRIMINAL PROCEDURE-Continued.

when judge shall award change of venue in vacation, 211.

parties, witnesses, &c., to appear as notified, at place of trial, 212.

when changed in term time, 212.

in case of change of revenue, and defendant is sentenced to imprisonment, 212.

Limitation of Indictments and Penal Actions, 212.

no person prosecuted for certain offences after the lapse of certain periods, 212.

General Provisions, 213.

powers of district judges and justices of the peace as conservators of the peace, 213.

public notice and fresh pursuit in case of felonious offence, 214.

in case of information of criminal offence, and supposed criminal duty of judge or justice, 214.

in case accused is held for trial, prosecutor and witnesses also held, 215.

of recognizances and their form, 215.

when and how accused may be liberated in vacation, 216.

if prosecution proves to be malicious, judgment against prosecutor, for what, 216.

warrant for arrest issued, when, and how executed, 216.

judge or justice may name person to execute warrant, &c., and their powers, 217.

officers or persons having charge of prisoners may transport them, how, 217.

upon their arriving in the county to which the prisoner is sent, 217.

not necessary for warrant to be sealed, 217.

of habeas corpus, 218,

of search warrant—complaint, issue of, &c., 218.

if goods appear to be stolen, 218.

if thief shall not be indicted at next term, goods to be restored, 218.

if defendant is committed, names of principal witnesses to be indorsed on commitment, 219.

if prisoner demands copy of commitment, and officer neglects to indorse-penalty, 219.

of habeas corpus, 219.

this code and other law on crime construed according to plain import, 220.

when definition of an offence merely defective, 220.

in construction, general controlled by special provision, 220.

when penalty altered by subsequent law, 220.

when new penalty substituted by repealing statute, 220.

of offences, when penal law repealed and no other penalty substituted, 220.

in case of new penalty, former penalty repealed, unless otherwise provided, 221.

if definition of offence changed, offender before committed to be tried by first definition, 221.

offences committed, and fines, &c., incurred previous to the passage of this act, 221.

Cutting Timber on the Land of another, 221.

damaging timber — penalty, 221.

proceeded against by indictment, 221.

owners competent witnesses, 222.

of fines and costs under this statute, 222.

owner may have action to recover damages, 222.

not to apply to traveller or marketer using timber necessarily, 222.

Whites and Blacks uniting in Adultery and Fornication, 222.

To provide for the Custody of Convicts, 223.

keeping of prisoners before erection of territorial penitentiary, 223.

if sheriff or jailer refuse to receive prisoner — penalty, 223.

if prisoner escape from confinement — penalty, 223.

fines and forfeitures to go one half to school fund, 223.

To prevent Frauds in Warehouse-men and others, 224.

shall not issue receipt or voucher for goods, &c., not in store, 224.

no second receipt to be issued until first is cancelled, 224.

goods receipted for not to be delivered without assent of holder of receipt, 224.

person violating these provisions, deemed a cheat, 224.