Page:1874-75 Territory of Dakota Session Laws.pdf/103

Rh 2. By forming a police in cities and villages, and by requiring their attendance in exposed places;

3. By suppressing riots.

. 24. When the officers of justice are authorized to act in the prevention of public offenses, other persons, who by their command, act in their aid, are justified in so doing.

. 25. An information verified by the oath of the complainant, may be laid before any of the magistrates mentioned in section 94, that a person has threatened to commit an offense against the person or property of another.

. 26. If it appear from the information that there is just reason to fear the commission of the offense threatened, by the person complained of, the magistrate must issue a warrant, directed generally to the sheriff of the county, or any constable, or marshal or policeman of the city or town, reciting the substance of the information, and commanding the officer forthwith to arrest the person complained of, and bring him before the magistrate of the county.

. 27. When the person complained of is brought before the magistrate, if the charge be controverted, the magistrate must take testimony in relation thereto. The evidence must on demand of the defendant be reduced to writing, and subscribed by the witnesses.

. 28. If it appear that there is no just reason to fear the commission of the offense alleged to have been threatened, the person complained of must be discharged.

. 29. If, however, there be just reason to fear the commission of the offense, the person complained of may be required to enter into an undertaking, in such sum, not exceeding one thousand dollars, as the magistrate may direct, with one or more sufficient sureties, to abide the order of the next district court of the county, and in the meantime to keep the peace toward the people of this territory, and particularly towards the complainant.

. 30. If the undertaking required by the last section be given, the party complained of must be discharged. If he or is not do not give it, the magistrate must commit him to prison,