Page:Revised Codes of the State of North Dakota 1895.pdf/1414

§§ 7804-7810 of the trial upon the articles of impeachment, and the person so designated shall receive the same salary, fees and emoluments as such officer during his incumbency. If the accused is acquitted, he shall thereby, be immediately restored to the office, but if he is convicted, the office shall be deemed vacant and be immediately filled as provided by law.

§ 7804. Organization of court. Powers. It shall be the duty of the senate and each member thereof. unless excused for cause, to meet at the senate chamber on the day assigned to hear the impeachment and organize as a court for the trial of the same, and such organization shall be held and deemed to be perfected when the presiding officer of the senate and all members thereof, not excused, shall have taken the oath or affirmation prescribed. No member shall sit in the trial, or give his vote upon such trial, until he shall have taken such oath or affirmation. The oath or affirmation, shall be administered by the secretary of the senate to the presiding officer thereof, and by the presiding officer, to each of the members of the senate. The senate sitting as a court upon the trial of an impeachment shall have the same power to compel the attendance of its members as when engaged in the ordinary business of legislation.

§ 7805. Counsel for accused. If the accused appears and is unable to procure the assistance of counsel, it is the duty of the president of the senate, or other person presiding, to appoint some suitable person to assist him in his defense. If he is served by publication and fails to appear, it is the duty of the president of the senate, or other person presiding, to appoint some person as counsel to appear in his behalf and make defense for him.

§ 7806. How accused may answer. When the defendant appears he may in writing object to the sufficiency of the articles of impeachment, or he may answer the same by an oral plea of not guilty. Such plea must be entered upon the journal. and puts in issue every material allegation of the articles of impeachment and the specifications thereunder; or the accused may answer the articles in writing.

§ 7807. Objections to the articles. Procedure. If the accused makes objections to the sufficiency of the articles of impeachment and such objections are sustained by a majority of the members of the senate, the decision shall be entered on the journal and nu further proceedings be had upon the articles, but if such objections are not sustained by a majority of the members of the senate, the accused must be ordered forth with to answer the articles.

§ 7808. Objections overruled. Further proceedings. If the accused upon the overruling of his objections as provided in the last section, then pleads guilty to any or all of the charges or specifications, the senate must render judgment of conviction against him, but if he pleads not guilty or refuses to plead, the senate must at such time as it may appoint proceed to try the impeachment.

§ 7809. Duty of secretary of senate. It shall be the duty of the secretary of the senate in all cases of impeachment to keep a full and correct record of all proceedings and said record shall be held and become a public record. The secretary of the senate shall also have power to administer all requisite oaths and affirmations.

§ 7810. Subordinate officers of the court. The senate sitting as a court of impeachment shall have power, from time to time to appoint such subordinate officers. clerks and reporters as may be 1300