Page:1874-75 Territory of Dakota Session Laws.pdf/109

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CRIMINAL PROCEDURE.
89

Sec. 70. The same proceedings may be had against any officer within the jurisdiction of the court who is accused of charging and collecting illegal fees for services rendered or to be rendered in his office, or who has refused or neglected to perform the official duties pertaining to his office, or who has rendered himself incompetent to perform his said duties by reason of habitual drunkenness, and upon a conviction there of the court may pronounce judgment that the defendant be removed from office, or that he pay a fine not exceeding live hundred dollars in favor of the informer, with costs of suit; or the court may in its discretion pronounce judgment, both for his removal from office and for the payment of the fine and costs.

TITLE IV.

OF THE PROCEEDINGS IN CRIMINAL ACTIONS PROSECUTED INDICTMENT, TO THE COMMITMENT INCLUSIVE.

Chapter I. Of the local jurisdiction of public offenses.

II. Of the time of commencing criminal actions.

III. Of the information.

IV. The warrant of arrest.

V. Arrest, by whom and how made.

VI. Retaking after an escape or rescue.

VII. Examination of the case and discharge of the defendant, or holding him to answer.

CHAPTER I.

OF THE LOCAL JURISDICTION OF PUBLIC OFFENSES.

Sec. 71. Every person is liable to punishment for a public offense, as is prescribed by section 15 of the penal code, except it is by law cognizable exclusively in the courts of the United States.

Sec. 72. When the commission of a public offense commenced without this territory, is consummated within its boundaries, the defendant is liable to punishment thereof in this territory, though he were out of the territory at the time of the commission of the offense charged, if he consummated it in this territory through the intervention of an innocent or guilty agent, or by any other means proceeding directly from himself; and in such case, the jurisdiction is in the county in which the offense is consummated.

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