Page:1874-75 Territory of Dakota Session Laws.pdf/105

Rh

. 41. The organization and regulation of the police in the cities and villages of this territory, are governed by special statutes.

. 42. The mayor, or other officer having the direction of the police in a city or village, must order a force sufficient to preserve the peace, to attend any public meeting, when he is satisfied that a breach of the peace is reasonably apprehended.

. 43. When a sheriff or other public officer, authorized to execute process, finds, or has reason to apprehend that resistance will be made to the execution of the process, he may command as many male inhabitants of his county as he may think proper, and any military company or companies in the county, armed and equipped, to assist him in overcoming the resistance, and if necessary, in seizing, arresting and confining the resisters and their aiders and abettors, to be punished according to law.

. 44. The officer must certify to the court from which the process is issued, the names of the resisters and their aiders and abettors, to the end that they may be proceeded against for contempt.

. 45. Every person commanded by a public officer to assist him in the execution of process, as provided in section 43, who, without lawful cause, refuses or neglects to obey the command, is guilty of a misdemeanor.

SEC. 46. If it appears to the governor that the power of the county is not sufficient to enable the sheriff to execute process delivered to him, or to suppress riots and to preserve the peace, he must, on the application of the sheriff, or the judge, order such a force from any other county or counties, as is necessary, and all persons so ordered or summoned by the governor or acting-governor, are required to attend and act; and any such persons who without lawful cause refuse or neglect to obey the command are guilty of a misdemeanor.

SEC. 47. Under the facts and circumstances intentioned in the last section, and when the civil power of the county is not