Page:Revised Codes of the State of North Dakota 1895.pdf/1412

§§ 7794-7798 § 7794. Endeavors before endangering life. Every endeavor must be used, both by the magistrates and civil officers and by the officer commanding the troops, which can be made consistently with the preservation of life, to induce or force the rioters to disperse before an attack is made upon them by which their lives may be endangered.

§ 7795. Penalty for resisting. 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 penitentiary for not less than two years.

CHAPTER 4.

PROCEEDINGS FOR THE REMOVAL OF PUBLIC OFFICERS.

ARTICLE 1. - REMOVAL BY IMPEACHMENT.

§ 7796. Impeachments. What officers liable to and for what. The governor and other state and judicial officers of the state, except county judges. justices of the peace and police nagistrates, shall be liable to and may be impeached for habitual drunkennees, crimes, corrupt conduct or malfeasance or misdemeanor in office. The articles of impeachment may contain charges and specifications, or either, predicated upon or on account of any crime, corrupt conduct, malfeasance or misdemeanor in office committed by the accused during any previous term of the same office.

§ 7797. Commencement. Trial. Presiding officer. The sole power of impeachment is vested in the house of representatives and a concurrence of a majority of all the members is necessary to the exercise thereof. All impeachments shall be tried by the senate sitting for that purpose, and the senators shall be upon oath or affirmation, to do justice according to law and the evidence. When the governor or lieutenant governor is on trial, the chief justice of the supreme court shall preside, or in case he is disqualified or unable to preside, then some other judge of said court to be selected by the senate. No person shall be convicted without the concurrence of two-thirds of the senators elected.

§ 7798. How originated. Prosecution. Articles. Every impeachment must be originated by resolution adopted by the house of representatives, and the prosecution thereof conducted by at least five managers selected therefor by the house. Said managers, or a committee of the house, must prepare the articles of impeachment in accordance with the resolution of the house and submit them to the 1378