, 1854-05-27
A.. B.
T.. +.
G.. IL.


See. Ill. The jurisdiction Of the jus
tices of the peace in criminal prosecutions,
shall be co-eXtensive with their respective
ounties, and they shall have concurrent
jurisdiction with the district court, in af-
trays, assaults, assaults and battery, vio-
latOn of estrdy laws, obstructing of high
ways aud bridges, charging extra tolls at
terrys and bridges, neglect Of roads by su-
Ipervisors, public indecency, having oh
scene books pamphlets for exhibition or
otherwise, forcible entry and detainer, ma
licious trespasS, and on conviction shall
have power to line the person so offending,
in any sum not exceeding thirty dollars.
l72. Any justice shall, on complaint
made on oath in writing before him char
ging any person with the commission of
my crime or msdemeanor, of which he has
Jurisdiction, issue a warrant for the arrest
of such person, and cause him to be
brought forthwith before him for trial.
Sec. l73 Where any offense is commit
Ted in view Of any justice, he may, by ver-
hal direction to any constable, or if nc
constable be present, 10 any citizen, cause
such constable or citizen to arrest such Of
fender and KEEP Lin in custody for the
space Of one hour, unless such offender
shall sooner be taken from such custody by
virtue Of warrant issued on complaint on
oath But such person so arrested shall
not be confined in jail nor put upon any
trial, until arrested by virtue of such war
rant.
Sec ia. On the return of any warrant
issued by him, it shall be the duty of the
Justice to docket the cause and unless con-
tinuunce he granted forthwith 10 hear and
determine the cause, and either acquit, con-
vi,t and punish, or hold to hail the often
der, if the offence he bailahle and prove
to he one which should be tried in the dis
trict court, or in default of bail commit
him to jail, as the facts and the law may
justify.
The prisoner or the Territory may de-
mand Jury, which may b, empanneled
and sworn as in civil cases, or he may he
tried by the justice.
Such justice or jury, if they find the pris-
oncr guilty, shall assess his punishment,
or if in their opinion the punishment they
are au horized to assess, Is not adequate
to the offence, they may so find /; and in
such case, the justice shall order such defen-
dant to enter into recOgnizance to appear
at the next term of the district court, and
shall also recognize the witnesses, and pro-
ceed as provided by the act regulating crim-
nal proceedings in Ike cases.
The defendant may plead guilty to any
offence charged, but no justice shall assess
4 fine or enter Judgment thereon, until a
witness or wi nesses have been examined,
to state the circumstances Of the trahsac-
ton and he shall have power either to
enter judgment and assess fine or order
the defendant to enter into recognizance to
appear at the next term Of the dis ricr
court and where the offence charged is an
injury TO the person or property, the party
injured in person or property mus he pres
ent aud examined as a witness, unless pre-
vented by sickness or beyond the reach of
process.
! See. l75 In all cases arising under this
act, it shall he the duty of the Justice of
the peace to summon the injured party, and
all others whose testimony may be deemed
material, as witnesses at the triu, and to
enforce their attendance by attachment, if
necessary.
Sec. l76. Continuance may be granted,
either on application Of the prisoner, or the
prosecuting attorney, or prosecuting wit
ness, under the same rules us in civil eases
the costs of such continuance Shall abide
the event Of the prosecution in all cases,
and the justice shall recognize the defend
ant and the Witnesses 10 appear from time
to time in the same manner as is provided
in o. her criminal examinations before him.
In all cases of conviction, under the pro-
visions of this act, the Justice shall enter
iud rment for the fine and costs against the
defendant, and may commit him to jail un-
til the Judgment is sati>fd, or the payment
thereof he secured, and further proceedings
therein shall be had as in Ike cases in the
District court
Every defendant may stay the execution
for the fine and costs for thirty days by
procuring sufficient sureties TO he appro-
we'd by the justice to enter into recogni.
zance before him for the payment of the
fin and costs, the entry of such recogni.
zance shall be made on the docket of the
Justice, and signed by the sureties, aud
J shall have the same effect as judgment,
and if the same be not paid in thirty days,
the justice shall proceed as in like cases iu
the district court.
; Sec. III. Every person convicted be-
fore justice of the peace of any offence
may appeal from the sentence within ten
days thereafter to the district court then
next to be held in the same county, and
, such appel ant shall be committed TO abide
$ the sentence Of said justice, until he shall
recognize to the territory in such reasonable
sum, with such sureties US said Justice shal
require, with condition to appear at the
court appealed 10, and there to prosecute
his appeal, and to abide the sentence of the
rnnrf therenn and in the mean time IN knnr