Page:1887 Compiled Laws of Dakota Territory.pdf/1172

§§ 7049–7058

§ 7049. An information, verified by the oath of the complainant, may be laid before any of the magistrates mentioned in section 7119, that a person has threatened to commit an offense against the person or property of another.

§ 7050. 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 forth with to arrest the person complained of, and bring him before the magistrate of the county.

§ 7051. 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.

§ 7052. 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.

§ 7053. 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 toward the complainant.

§ 7054. If the undertaking required by the last section be given, the party complained of must be discharged. If he do not give it, the magistrate must commit him to prison, specifying in the warrant the requirement to give security, the amount thereof, and the omission to give the same.

§ 7055. 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.

§ 7056. The undertaking must be transmitted by the magistrate to the next district court of the county.

§ 7057. 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 7053, or if he refuse to do so, he may be committed as provided in section 7054.

§ 7058 A person who has entered into an undertaking to keep the peace must appear on the first day of the next term of