Page:1862 Territory of Dakota Session Laws.pdf/230

From Wikisource
Jump to navigation Jump to search
This page has been proofread, but needs to be validated.
CHAP. IX.]
CRIMINAL PROCEDURE.
213

unless the indictment for the same shall be found by a grand jury, within three years next after the offence shall have been done or committed. Nor shall any person be prosecuted, tried, or punished for any misdemeanor or indictable offence below the grade of felony, or for any fine or forfeiture under any penal statute, unless the indictment, information, or action for the same shall be found or instituted within one year and six months from the time of committing the offence or incurring the fine or forfeiture: Proviso.Provided, That nothing herein contained shall extend to any person fleeing from justice: And provided also, That where any suit, information, or indictment for any crime or misdemeanor, is limited by any statute, to be brought or exhibited within any other time than is hereby limited, then the same shall be brought or exhibited within the time limited by such statute: Provided, also, That where any indictment, information, or suit shall be quashed, or the proceedings on the same set aside or reversed on writ of error, the time during the pendency of such indictment, information, or suit so quashed, set aside or reversed, shall not be reckoned within this statute, so as to bar any new indictment, information, or suit for the same offence.

GENERAL PROVISIONS.

Powers of district judges and justices of the peace, conservators of the peace.Sect. 206. The judges of the district courts in their respective districts, and justices of the peace in their respective counties, shall jointly and severally be conservators of the peace within their respective jurisdictions, as herein designated, and shall have full power to enforce, or cause to be enforced, all laws that now exist, or that shall hereafter be made, for the prevention and punishment of offences, or for the preservation and observance of the peace. They shall have power to cause to be brought before them, or any of them, all persons who shall break the peace, and commit them to jail, or admit them to bail, as the case may require, and to cause to come before them, or any of them, all persons who shall threaten to break the peace, or shall use threats against any person within this territory, concerning his or her body, or threaten to injure his or her property, or the property of any person whatever; and also all such persons as are not of good fame; and the said judge or justices