Page:Revised Codes of the State of North Dakota 1895.pdf/1413

Public Officers.|CRIMINAL PROCEDURE.|§§ 7799-7803 house for approval, and when approved the managers must present the same at the bar of the senate and immediately deliver them to the presiding officer thereof. The house may authorize the managers to employ counsel to assist them in the preparation and prosecution of the articles of impeachment.

§ 7799. Form of articles and specifications. The articles of impeachment shall be divided into separate charges and specifications thereunder. The charges shall be numbered consecutively by themselves and each shall set forth in a general way the facts claimed to constitute one of the offenses named in section 7796 of this code. The specifications under each charge shall immediately follow it and he consecutively numbered, and each shall set forth the facts claimed to constitute an offense of the kind named in the charge under which it is placed. There may be as many charges and as many specifications under each as the circumstances may require. No objection shall be made on account of the form of the articles of impeachment, and the same shall be deemed sufficient in substance if their allegations enable the accused to understand the nature of the accusations against him, and to make his defense.

§ 7800. Day for hearing. Notice to accused. The senate must whenever articles of impeachment are presented to it by or on behalf of the house of representatives, assign a day for the hearing of the impeachment and inform such house thereof. The day so assigned shall not be earlier in the session than that at which the completion of the business of the legislative assembly may be effected. But all steps and preparations necessary may be taken and made from time to time during the session to enable the trial to begin immediately upon the completion of the business of the legislative assembly. The president of the senate or other person presiding therein, must cause a copy of the articles of impeachment with a notice to answer the same, at the time and place appointed, to be served upon the accused not less than twenty days before the day set for the trial.

§ 7801. Service of notice. The service must be made upon the accused personally, or if he cannot upon diligent inquiry be found within the state, the senate upon proof of that fact may order the notice to be served by publication or otherwise in such manner as it may deem proper: and the notice as published must require the accused to appear at the specified time and place to answer the articles of impeachment. When the notice to the accused is served by publication or otherwise than personally within the state, the articles of impeachment may be served upon the accused by mail or otherwise as the senate may deem proper. § 7802. Procedure after notice. If the accused does not appear the senate upon proof of service of the notice and articles of impeachment in any manner provided in the last two sections, as the circumstances may require, may, of its own motion or for cause shown, assign another day for the hearing of the accused, or may proceed in the absence of the accused to trial and judgment.

§ 7803. Impeachment suspends officer. No officer shall exercise the duties of his office after he shall have been impeached and before his acquittal. Whenever upon the impeachment of an officer there is no one authorized by law to perform the duties of the office, and the senate shall by resolution declare that the public service may suffer by reason thereof, the governor shall designate some suitable person to perform the duties of the office until the end 1379