Page:Revised Codes of the State of North Dakota 1895.pdf/1408

§§ 7758-7763 determinable by the supreme court, according to law, on appeals bringing up for review the record and proceedings therein.

§ 7768. Jurisdiction. Justices. Magistrates. County courts. As limited by law directing the place of exercising their jurisdiction and authority, county, city, township and other justices of the peace, police magistrates and, when authorized by law, the judges of the county courts and the county courts shall have jurisdiction and authority throughout the counties or the judicial subdivisions in which the county, city, township or municipality for which they are respectively elected, are located:

1. To act as committing magistrates under the provisions of this code or other laws of this state conferring the same.

2. To hear, try and determine such petit misdemeanors as, by the constitution of this state and the justices' code or this code or other laws, jurisdiction is now or may hereafter be conferred upon them to punish.

3. To adjudge and impose the punishment prescribed by law, upon conviction, in all cases within their jurisdiction to hear, try and determine.

CHAPTER 3.

PREVENTION OF PUBLIC OFFENSES.

ARTICLE 1.- LAWFUL RESISTANCE.

§ 7759. To commission of offense. By whom. Lawful resistance to the commission of a public offense may be made:

1. By the party about to be injured.

2. By other parties.

§ 7780. By party about to be injured. Resistance sufficient to prevent the offense may be made by the party about to be injured:

1. To prevent an offense against his person or his family or some member thereof.

2. To prevent an illegal attempt by force to take or injure property in his lawful possession.

§ 7761. By other persons. Any other person, in aid or defense of the person about to be injured, may make resistance sufficient to prevent the offense.

ARTICLE 2.- INTERVENTION OF THE OFFICERS OF JUSTICE.

§ 7762. Public offenses prevented. Public offenses may be prevented by the intervention of the officers of justice:

1. By requiring security to keep the peace.

2. By forming a police in cities and villages, and by requiring their attendance in exposed places.

3. By suppressing riots.

§ 7783. Persons aiding officers justified. When the officers of justice are authorized to act in the prevention of public offenses, other persons who, by their command act in their aid, are justified in so doing

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