Page:Revised Codes of the State of North Dakota 1895.pdf/1418

§ 7839 by reason of habitual drunkenness or other cause, the judge of the court to whom it is delivered must forth with cause it to be transmitted to the state's attorney of the county, or in case it is against the state's attorney of the county, the accusation must be delivered by the judge to the clerk of the court and by him to such person as may be appointed by the judge to act as prosecuting officer in the matter, and the state's attorney of the county or person appointed to prosecute, must cause a copy of said accusation to be served upon the accused and, by written notice, require him to appear before the court at a time specified, not more than twenty days nor less than five days from the time the accusation was presented, and answer said accusation. On the day named in said notice, or on some subsequent day not more than thirty days from that on which the accusation was presented, to be fixed by the judge, the court must proceed to hear the accusation and evidence offered in support of the same and the answer, if any is made, and the evidence offered by the party accused. The court may try and determine the issues unless the accused requires that they be submitted to a jury. If a jury is required the court must forth with in a summary manner cause a jury to be impaneled and the matter submitted to them. Challenges shall be allowed and the trial conducted in the same manner as a trial by jury in a civil action. If the charge is tried by the court it shall proceed as a civil action tried by the court. The decision of the court or the verdict of the jury shall be "guilty," or "not guilty. Costs shall be awarded as in a civil action. If the accused is found guilty either by the decision of the court or by the verdict of the jury, the court shall render judgment that the accused be removed from his office, and for the costs of the action. A statement of the case may be settled and an appeal taken as provided by law in a civil action. The court may, in its discretion, if the accused is found guilty, award treble costs against him. If the court finds that the accusation was made without prohable cause, it must tax the costs of the prosecution and trial against the complainant.

CHAPTER 5.

BASTARDY PROCEEDINGS.

§ 7839. Complaint for bastardy. Form. Any unmarried woman who is delivered of a bastard child, or is pregnant with a child, which, if horn alive, may be a bastard, may make a complaint in writing under oath before a justice of the peace or police magistrate against the person who is the father of such child! Such proceedings must be entitled in the name of the state as plaintiff and against the accused as defendant. The complaint shall be in substantially the following form:

State of North Dakota. Before......J.P.

County of .... (or Police Magistrate.)

The State of North Dakota, Plaintiff,

against

....Defendant.

....being first duly swom on oath says: That she is an unmarried woman and was on the......day of 1384