Page:Revised Codes of the State of North Dakota 1895.pdf/1438

§§ 7981-7983 § 7981. Same. Jurisdiction. Exception. All accusations against district, county, township or municipal officers, or state officers not liable to impeachment, must be found, or presented to and filed in the district court; but nothing herein shall be construed to prevent said officers from being proceeded against for a crime or public offense in the same manner as now is or may hereafter be provided by law for proceeding against other persons accused of a crime or public offense, or to limit the power of the court to remove such officers from office, upon conviction, when authorized by law so to do.

ARTICLE 2.- THE INFORMATION.

§ 7982. Prosecution on information. In what cases. During each term of the district court held in and for any county or judicial subdivision in this state at which a grand jury has not been summoned and impaneled, the state's attorney of the county or judicial subdivision, or other person appointed by the court, as provided by law, to prosecute a criminal action, shall file an information, or informations as the circumstances may require, respectively, against all persons accused of having committed a crime or public offense within such county or judicial subdivision or triable therein:

1. When such person or persons have had a preliminary examination before a magistrate for such crime or public offense and, from the evidence taken thereat, the magistrate has ordered that said person or persons be held to answer to the offense charged or some other crime or public offense disclosed by the evidence.

2. When the crime or public offense is committed during the continuance of the term of the district court in and for the county or judicial subdivision in which the offense is committed or triable.

3. When a person accused of a crime or public offense is arrested and waives, in writing, or if before a magistrate, orally, a preliminary examination therefor.

4. When a person accused of a misdemeanor not within the jurisdiction of a magistrate to try and punish, has been arrested and admitted to bail at a place other than the county or judicial subdivision in which said offense is triable; or.

5. At any time, when the person accused of a crime or public offense is a fugitive from justice and such information may be needed by the governor of this state to demand such person from the executive authority of any other state or territory within the United States, or to aid the proper executive authority of the United States to demand such person of any foreign government.

§ 7983. State's attorney must inquire into charges. The state's attorney of the county or judicial subdivision in which any person charged with the commission of a crime or public offense has been held to answer, or other person appointed by the court as provided by law to prosecute, must make full examination and inquiry into the facts and circumstances touching any crime or public offense committed by the accused and triable in said county or judicial subdivision, and must file an information setting forth the crime committed according to the facts ascertained on such examination and inquiry and from the written testimony taken before the magistrate. Whether it is the offense charged in the complaint upon which the examination was had or some other offense.

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