Page:1887 Compiled Laws of Dakota Territory.pdf/1175

Removal of Public Officers. life, to induce or force the rioters to disperse before an attack is made upon them by which their lives may be endangered.

§ 7079. A person who, after the publication of a proclamation by the governor or acting governor, or who, after lawful notice as aforesaid to disperse and retire, resists or aids in resisting the execution of process in a county declared to be in a state of riot or insurrection, or who aids or attempts the rescue or escape of another from lawful custody or confinement, or who resists or aids in resisting a force ordered out by the governor or any civil officer as aforesaid, to quell or suppress an insurrection or riot, is guilty of a felony, and is punishable by imprisonment in the territorial prison for not less than two years.

§ 7080. In addition to the proceedings mentioned in chapter 26 of the code of civil procedure and article 2, chapter 13, of the political code, and apart and distinct from any other criminal action or proceedings, the following provisions are adopted to obtain a judgment of removal from office.

§ 7081. "An accusation in writing against any county, township, city or municipal officer, for wilful or corrupt misconduct in office, may be presented by the grand jury to the district court of the county in or for which the officer accused is elected or appointed.

§ 7082. The accusation must state the offense charged, in ordinary and concise language, without repetition, and in such manner as to enable a person of common understanding to know what is intended.

§ 7083. After receiving the accusation, the judge to whom it is delivered must forthwith cause it to be transmitted to the district attorney of the county or subdivision, except when he is the officer accused, who must cause a copy thereof to be served upon the defendant, and required by written notice of not less than five days that he appear before the district court of the county or subdivision, and answer the accusation at a specified time. The original accusation must then be filed with the clerk of the court.

§ 7084. The defendant must appear at the time appointed in the notice, and answer the accusation, unless, for sufficient cause, the court assigns another day for that purpose. If he do not appear, the court may proceed to hear and determine the accusation in his absence.

§ 7085. The defendant may answer the accusation either by objecting to the sufficiency thereof, or of any article therein, or by denying the truth of the same.

§ 7086. If he object to legal sufficiency of the accusation, the objection must be in writing, but need not be in any