Page:1862 Territory of Dakota Session Laws.pdf/384

 

CHAPTER 50.

AN ACT DEFINING THE JURISDICTION OF JUSTICES OF THE PEACE IN CRIMINAL CASES, AND OF THE PROCEEDINGS THEREIN.

Be it enacted by the Legislative Assembly of the Territory of Dakota:

Have jurisdiction of what criminal cases.Section 1. That justices of the peace in their respective counties have jurisdiction of, and must hear, try, and determine all public offences less than felony, in which the punishment prescribed by law does not exceed a fine of one hundred dollars or imprisonment thirty days, on information under oath, without indictment or the intervention of a grand jury, saving to the defendant the right of appeal to the district court.

How commenced.Sect. 2. Criminal actions for the commission of a public offence must be commenced before a justice of the peace by an information, subscribed and sworn to, and filed with the justice.

Form of information.Sect. 3. Such information must contain: 1. The name of the county and of the justice where the information is filed. 2. The names of the parties, if the defendants be known, and if not, then such name as may be given by the complainant. 3. A statement of the acts constituting the offence, in ordinary and concise language, and the time and place of the commission of the offence as near as may be.

Sect. 4. The information may be substantially in the following form:

——— county,
The Territory of Dakota,
v.
A B, defendant.

$\scriptstyle {\left.{\begin{matrix}\ \\\\\ \\\ \\\ \\\ \ \end{matrix}}\right\}\,}$Before Justice (here insert the name of the justice).

The defendant is accused of the crime (here name the offence). For that the defendant on the ——— day of ———, A.D. 18——, at the (here name the city, village, or township) in the county aforesaid (here state the act or omission constituting the offence, as in an indictment).