of, examine the witnesses produced upon oath, and may either discharge the accused from his recognizance, or may order him to enter into such other and further surety as may be just, thereafter to keep the peace, and be of good behavior for such term of time as the court may order.

SEC. 8. For want of such surety, the court shall commit the person accused to the jail of said county, there to remain until such order be complied with, or he be otherwise discharged by due course of law; but in no case shall a person so failing to give surety be confined for a period of time exceeding three months.

Committed to

jail.

execution.

SEC. 9. Whether such person be held to bail or be Judgment and committed for want thereof, the court shall in either case render judgment against him for the costs of the prosecution and award execution therefor.

ecute.

SEC. 10. When any person shall have been recognized Failure to prosto the district court, to keep the peace as aforesaid, and the complainant shall fail to prosecute his complaint, the party recognized shall be discharged unless good cause to the contrary be shown.

against com.

SEC. 11. If the district court shall discharge the Judgment person accused on examination of the complaint, or because plainant. the complainant has failed to appear, said court shall render judgment against the person complaining, for the costs of prosecution, and award execution therefor.

ence of justice.

SEC. 12. Every person who, in the presence of any Affray in presjustice specified in the first section, shall make an affray or threaten to kill or beat another, or to commit any offense against the person or property of another, and every person who, in the presence of such officer, shall contend, with hot and angry words, to the disturbance of the peace, may be ordered without process or any other proof, to give such surety as above specified in this title, and in case of failure or refusal, he may be committed in like manner as above specified.

TITLE II.
Search Warrant.

SEC. 13. It shall be lawful for any justice or other

Search warrant, person named in section one, to issue warrants to search any house or place:

for what issued.

Urgent necesmity.

First, For property stolen, embezzled or obtained under false pretenses or tokens.

Second, For forged or counterfeit coins, stamps, labels, trade marks, bank bills, or other instruments of writing.

Third, For books, pamphlets, ballads or printed papers containing obscene language, prints, pictures or descriptions manifestly tending to corrupt the morals of youths, and intended to be sold or circulated.

Fourth, For any gaming table, establishment, device or apparatus, kept or exhibited for the purpose of unlawful gaming, and for any money or personal property won by unlawful gaming.

SEC. 14. No warrant for search, as described in the preceding section, shall be issued until a complaint in writing, upon oath, has been filed with the justice; such complaint shall be signed by the complainant, and particularly describe the house or place to be searched, the person to be seized, and the things to be searched for, and allege substantially the offense in relation thereto, and that the complainant verily believes that such things are there concealed.

SEC. 15. The warrant for search shall be directed to the proper officer, and shall recite by reference to the complaint, annexed or otherwise, all the material facts alleged in the complaint, and particularly describe the things for which the search is to be made, the house or place to be searched, and the person to be apprehended. It shail command the officer to search such house or place in the day time, for the property or other things; and if found, to seize and bring the same, together with the person to be apprehended, before the justice, or some other justice of the county, having cognizance of the same.

SEC. 16. If the justice is satisfied that there is urgent necessity therefor, the warrant may order the searching of such house or place in the night time.

SEC. 17. When the warrant is executed by the seizure

of the property, or things described therein, the same shall be safely kept by the justice to be used as evidence.

SE 18. If, upon the examination, the justice shall be satisfied that the offense set forth in the complaint in reference to the property or other things seized by the officer, has been committed, it shall be his duty either to keep possession of such property or other things, or deliver them. to the sheriff of the proper county, there to remain until the case against the offender has been disposed of, or the claimants right has been otherwise ascertained.

Seizure.

Property kept

SEC. 19. Upon the conviction of the offender, the conviction. property stolen, embezzled or obtained under false pretenses, shall be returned to its owner, and the other things specified shall be burnt or otherwise destroyed, under the direction of the court; but if the alleged offender shall be discharged, either before the magistrate or the court before which he is recognized to appear, the property or other things shall be returned to the person in whose possession they were found.

TITLE III.
Arrest.

Who may

SEC. 20. Every sheriff, deputy sheriff, constable, marshal or deputy marshal, watchman or police officer shall arrest. arrest and detain any person found violating any law of this territory, or any legal ordinance of any city or incorporated village, until a legal warrant can be obtained.

When a person

not an officer

SEC. 21. Any person not an officer, may without warrant, arrest any person if a petit larceny or felony has may arrest. been committed, and there is reasonable ground to believe the person arrested guilty of such offense, and may detain him until a legal warrant can be obtained.

may issue.

SEC. 22. The justice and other officers enumerated in Process, who the first section of this code, shall have power to issue process for the apprehension of any person charged with a criminal offense, and to execute the powers and duties conferred in this title.

SEC. 23. Whenever a complaint in writing and upon oath, signed by the complainant, shall be filed with the

Warrant, wher

issued,

Complainant responsible for

Costs.

Contents of warrant.

Arrest in any

other ceunty.

When a person absconds.

justice, charging any person with the commission of any offense, it shall be the duty of such justice to issue a warrant for the arrest of the person accused, if he shall have reasonble grounds to believe that the offense charged has been committed.

SEC. 24. When the offense charged is a misdemeanor, the justice, before issuing the warrant, may at his discretion require the complainant to acknowledge himself responsible for costs in case the complaint shall be dismissed, which acknowledgment of security for costs shall be entered on the docket, and the justice, on dismissal, may, if in his opinion the complaint was without probable cause, enter a judgment against such complainant for the costs made thereon; and in case said justice shall consider such complainant wholly irresponsible, such justice may in his discretion, refuse to issue any warrant, unless the complainant procure some responsible security, to the satisfaction of such justice for said costs in case of such dismissal, and said security shall acknowledge himself so bound, and the justice shall enter it on his docket.

SEC. 25. The warrant shall be directed to any constable of the county, and, reciting the accusation, shall command the officer to forthwith take the accused and bring him before the justice issuing the warrant, or some other justice having cognizance of the case, to be dealt with according to the

law.

SEC. 26. If any person, charged as aforesaid, with the commission of an offense, shall flee from justice, it shall be lawful for the officer in whose hands the warrant for such person has been placed, to pursue and arrest such person in any other county of this territory, and him to convey before the justice issuing the warrant, or any other justice having cognizance of the case, of the county where such offense was committed.

SEC. 27. If any person charged with an offense, shall abscond or remove from the county in which such offense is alleged to have been committed, it shall be lawful for any justice of the county, in which such person may be found, to

issue a warrant for the arrest and removal of such person to the county in which the offense is alleged to have been committed, to be there delivered to any justice of such county, who shall cause the person so delivered, to be dealt with according to law, and the warrant so issued shall have the same force and effect as if issued from the county in which such offense is alleged to have been committed.

SEC. 28. In executing a warrant for the arrest of a person charged with an offense, or a search warrant, the officer may break open any outer or inner door or window of a dwelling house or other building, if, after notice of his office and purpose, he be refused admittance. But this section is not intended to authorize any officer executing a search warrant to enter any house or building not described in the warrant.

TITLE IV.

Breaking of doors.

Examination.

taken before

SEC. 29. Whenever any person has been arrested under Person arrested a warrant as provided in the preceding article, it shall be the justice. duty of the officer making the arrest, to take the person so arrested before the proper justice; and the warrant by virtue of which the arrest was made, with a proper return indorsed thereon and signed by the officer, shall be delivered to such justice.

Adjournment.

SEC. 30. If it shall become necessary, for any just cause, to adjourn the examination of any person brought before the justice, as set forth in the preceding section, it shall be lawful for such justice to adjourn such examination and commit such person from time to time for safe keeping to the jail of the county, until the cause of delay be removed, and no longer; Provided, The whole time of such confine- Provise ment in the jail shall not exceed four days; and provided, also, that the officer, having in custody any such person, mav, by the written order of such justice, detain such person in custody in some secure and convenient place other than the jail, to be designated by said justice in his order, not exceeding four days. And it shall be the duty of the officer