Bismarck weekly tribune. [volume] (Bismarck, Dakota [N.D.]) 1884-1943, 1890-02-28
NO. 81.

NO. 81.
An Act Entitled "An Act to Provide for the Pros
ecution and Trial of Grimes and Offenses on
Information and to Dispense with the Calling
of Grand Jursrs, Except by Order of the Dis
trict Court Judges.
Be it Enacted By the Legislative Assembly of the
State of North Dakota:
SECTION 1. That the several district
courts of this state shall possess and may
exercise the same power and jurisdiction
to hear, try II determine prosecutions
upon information, tor felonies, INSIDE
meanors and other o%ffenses, to issue writs
and process, and do all other ac1s therein,
as they do now, or may hereafter possess
and may exercise in cases of like prosecu-
lions upon indictments by a grand jury.
SEC. 2. All informations shall be filed
in the district court of the county having
jurisdiction Of the crime or offense speci-
fed therein, by the states attorney of the
proper county, as informant, and during
the term of the said district court held in
and tor such county, the states attorney
shall subscribe his name to the information
and endorse thereon the names Of all wit
nesses for the prosecution known to him
at the time OF filing the same: but other
witnesses may testify on the trial of such
cause in behalf Of the prosecution thereof
the same as if their names had been in
dOrsed thereon.
SEC. 8. The states attorney, prosecu-
ting witness or some other person shall
verify the information, and the crime or
otfense charged therein shall be stated and
set forth in ordinary and concise language,
without repetition, and in substance as is
now provided and required by law Oh in
dictments in like cases.
SEC. 4. The information must charge
but one crime OF offense, but the same
crime or offense may be set forth in differ
ent forms or degrees and joined In n in
formation, in all cases where the same
in one Indictment; and the defendant or
defendants in all cases OF such prosecu-
tons shall have the same rights,
as to proceedings therein, as if prosecuted
for the anne crime or Offense upon indict-
ment.
SEC s. That all Of the proceedings of
e oeSet ep plevi ST esl of law p either rela ana OF OF
in any ANN applying to prosecutions
upon indictments, to writs and process
therein, and the issuing n service
thereof, to motions, pleadings, trials, penal
ties and punishments, the passing or
the execution Of any sentence, and
to all other proceedings in cases of indict-
ment, whether in the court of original or
manner and to the same extent and effect,
as near as may be, apply to prosecutions
by information and to all proceedings
thereon, the same as if prosecuted by in
dictment.
SEC. s. Any person who may, as pro-
vided by law, be committed to jail, or be-
come recognized or held to bail with surety
or sureties for his appearance in court to
answer to any indictment may, in like
manner, be so committed or recogniZed and
held to bail for his appearance, to answer
to any information or Indictment, as the
case may be.
SEC. z. 1t shall be the duty of the states
into and make full examination of all the
facts and circumstances connected with
any case of preliminary examinations, as
provided by law, touching the commission
of any offense wherein the offender shall
be committed to Jail, or wherein he has
become recognized or held to bail, and if
upon such examination the states attorney
shall determine in such case that an in
formation ought to be filed, he shall make,
subscribe and file with the clerk of the
court a statement in writing containing
his reasons, in fact and in law, for not filing
an information in such case, and such
statement shall be filed at and during the
term of court at which the offender shall
be held for his appearance; provided, that
in such case the court may examine said
statement, together with the evidence filed
in the case, and if upon such examination
the court shall not be satisfied with said
statement. the states attorney shall be
directed by the court TO file the proper in
formation and bring the case to a trial.
SEC. 8. No information shall be filed
against any person for any crime or offense
liminary examination therefor, as'provided
by law, before a committing magistrate or
other officer having authority to make pre-
liminary examin atoms, unless such person
shall waive his right to such examination,
or the Offense committed during the sitting
Of The court then holden in and for the
county where committed provided however
examination against fugit;ves from justice,
and any fugitive from justice against
whom an information shall be filed may be
demanded by the governor of this state of
the executive authority of any other state
or territory, or of any foreign government
in the same manner, and the same proceed
ings may be had thereon, as provided by
law in; like cases Of demand upon indict-
ment filed.
Sec. 9. Grand juries shall not here
after be drawn, summoned or required
to- attend the sittings Of any court
within this state, as provided by law, IN
less the judge thereof shall so direct by
with the clerk Of said court; and in case
such order is made and filed the grand
jury shall be drawn and summoned in the
manner now or as may hereafter be pro-
vided; provided, however, that on the
written request Of the members of the
board of county commissioners or a petit
ton signed by at least twenty-five resi-
county wherein the court is 10 be held pre-.
scented to the judge at least fifteen days
before the commencement Of the term, the
said Judge shall make and file with the
clerk of the court an order calling q grand
jury for said term and in such case the
grand jury shall be summoned to attend
said court in the manner as above pro-
vided.
SEC. 10. All acts and parts of. acts in
conflict herewith are hereby repealed.
SEC. IL. Whereas an emergency exists,
In that the constitution authorizes criminal
prosecutions by information and there
being no provision OF. law carry