Page:1874-75 Territory of Dakota Session Laws.pdf/104

84 specifying in the warrant the requirement to give security, the amount thereof, and the omission to give the same.

. 31. If the person complained of be committed for not giving security, he may be discharged by any justice of the peace of the county, or police or special justice of the city, upon giving the same.

. 32. The undertaking must be transmitted by the magistrate to the next district court of the county.

. 33. A person who in the presence of a court or magistrate, assaults or threatens to assault another, or commit an offense against his person or property, or who contends with another with angry words, may be ordered by the court or magistrate to give security as provided in section 29, or if he refuse to do so he may be committed as provided in section 30.

. 34. A person who has entered into an undertaking to keep the peace, must appear on the first day of the next term of the district court of the county. If he do not, the court may forfeit his undertaking, and order it to be prosecuted unless his default be excused.

. 35. If the complainant do not appear, the person complained of may be discharged, unless good cause to the contrary be shown.

. 36. If both parties appear, the court may hear their proofs and allegations, and may either discharge the undertaking, or require a new one, for a time not exceeding one year.

. 37. An undertaking to keep the peace is broken on the failure of a person complained of to appear at the district court as provided in section 34, or upon his being convicted of a breach of the peace.

. 38. Upon the district attorney producing evidence of such conviction to the district court to which the undertaking is returned, that court must order the undertaking to be prosecuted; and the district attorney must thereupon commence an action upon it in the name of the people of this territory.

. 39. In the action, the offense stated in the record of conviction must be alleged as the breach of the undertaking, and such record is conclusive evidence thereof.

. 40. Security to keep the peace or to be of good behavior, cannot be required, except as prescribed in this chapter. charged.