Page:1887 Compiled Laws of Dakota Territory.pdf/1173

Supression of Riots. 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.

§ 7059. If the complainant do not appear, the person complained of may be discharged, unless good cause to the contrary be shown.

§ 7060. 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.

§ 7061. An undertaking to keep the peace is broken on the fạilure of a person complained of to appear at the district court, as provided in section 7058, or upon his being convicted of a breach of the peace.

§ 7062. 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 this territory.

§ 7063. 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.

§ 7064. Security to keep the peace or to be of good behavior cannot be required, except as prescribed in this chapter.

§ 7065. In all cases of security to keep the peace under this chapter, the court in addition to the orders mentioned in said chapter shall tax the costs against the complainant or defendant, or both, as justice may require, and enter judgment therefor, which may be enforced as judgments for costs in criminal cases, and execution may issue therefor.

§ 7066. The organization and regulation of the police in the cities and villages of this territory are governed by special statutes.

§ 7067. 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.

§ 7068. 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