Page:Revised Codes of the State of North Dakota 1895.pdf/1415

Public Officers. necessary for the convenient transaction and dispatch of business, and may at any time remove such officers or any of them.

§ 7811. Process for witnesses. The managers selected by the house of representatives and the person impeached and his counsel, shall, severally, be entitled to process for compelling the attendance of persons and witnesses, or the production of papers or records required for the trial of the impeachment.

§ 7812. Senate may make rules. Subpoenas. The senate sitting as a court of impeachment shall have full power and authority to establish such rules and regulations for the trial of the accused as may be necessary, and shall have power to adjourn from time to time and dissolve when its work is concluded, and to compel obedience to its process and orders. Its process including subpænas shall run into every part of the state and may be served by the same officers as other process, or by any person authorized by the presiding officer of the court to serve the same, and shall have the same force and effect As subparnas from district courts in criminal actions.

§ 7813. Privileges of court. Imprisonment. The senate, while sitting as a court of impeachment shall have all the powers and privileges conferred upon it by the constitution as a house of the legislative assembly or the laws passed in pursuance thereto, provided imprisonment shall not extend beyond the dissolution of the court of impeachment.

§ 7814. Vote on charge. Conviction. The vote upon the charges and specifications shall be taken by yeas and nays, beginning with the first specification under the first charge and continuing until all the specifications under the first charge have been disposed of. A vote shall be taken in the same way upon each specification and all specifications and other charges in the articles of impeachment until they are all disposed of. If two-thirds of the members elected concur in favor of a conviction upon any of the charges or specifications the accused must be convicted, otherwise he shall be acquitted.

§ 7815. Upon conviction, judgment entered by resolution. If the accused is convicted the senate must, at such time as it may appoint. pronounce judgment in the form of a resolution entered upon the journal of the senate.

§ 7816. Adoption of resolution. On the adoption of the resolution by a majority of the members present who voted on the question of acquittal or conviction, it becomes the judgment of the senate.

§ 7817. Extent of judgment of conviction. The judgment may be that the defendant be removed from office, or that he be removed from office and disqualified to hold any office of trust or profit in the state.

§ 7818. Effect of such judgment. If a judgment of conviction is given, the defendant shall be disqualified from exercising any of the functions of the office, and from receiving the salary, foes or emoluments thereof, and the office shall be filled for the remainder of the term as upon a vacancy.

§ 7819. Lieutenant governor impeached. If the lieutenant governor is impeached, notice of the impeachment must be immediately given to the senate by the house of representatives, that another president may be chosen.

§ 7820. Impeachment does not bar prosecution. If the offense for which the defendant is impeached or convicted is also the 1381