Page:Revised Codes of the State of North Dakota 1895.pdf/1410

§§ 7774-7784 contends with another with angry words, may be ordered by the court or magistrate to give security, as provided in section 7769, or if he refuses to do so he may be committed as provided in section 7770.

§ 7774. Accused must appear at district court. A person who has entered into an undertaking to keep the peace must appear on the first day of the next term of the district court of the county. If he does not the court may forfeit his undertaking and order it to be prosecuted unless his default is excused.

§ 7775. Complainant not appearing, accused discharged. If the complainant does not appear the person complained of may be discharged, unless good cause to the contrary is shown.

§ 7776. Procedure when parties appear. 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.

§ 7777. When undertaking broken. An undertaking to keep the peace is broken on the failure of a person complained of to appear at the district court as provided in section 7774 or upon his being convicted of a breach of the peace.

§ 7778. Action upon undertaking. Upon the state's 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 state's attorney must thereupon commence an action upon it in the name of this state.

§ 7779. What alleged in action. 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.

§ 7780. Limitation. Security to keep the peace or to be of good behavior cannot be required, except as prescribed in this articles.

§ 7781. Costs to be taxed. In all cases of security to keep the peace under this article, the court in addition to the orders mentioned in said article 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.

ARTICLE 4.- POLICE IN CITIES AND VILLAGES, AND THEIR ATTENDANCE AT PUBLIC MEETINGS.

§ 7782. Organization of police. The organization and regulation of the police in the cities and villages of this state are governed by special statutes.

§ 7783. Force to attend public meetings. 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.

ARTICLE 5. - SUPPRESSION OF Riots.

§ 7784. Officer may command assistance. When a sheritf 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 1376