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SEC. 204. In discharging their duties, constables may call to their aid the power of the county, or such assistance as may be necessary. It shall be the duty of every constable. to make due return of all process to him directed and delivered, at the proper office and on the proper return day thereof; or if the judgment be docketed in the district court, appealed, or stayed, upon which he has an execution, on notice, to return the execution, stating thereon such fact.

Jurisdiction of justices.

SEC. 205. It shall be the duty of every constable, on the receipt of any writ or other process (subpoenas excepted) to note thereon the time of receiving the same; he shall also state in his return on the same, the time and manner of executing it.

SEC. 206. No constable shall make a return on any process of "not found" as to any defendant, unless he shall have been once at least to the usual place of residence of the defendant, if such defendant have any in the county.

SEC. 207. It shall be the duty of every constable to apprehend, on view or warrant, and bring to justice all felons and disturbers, and violators of the criminal laws of this territory; to suppress all riots, affrays, and unlawful assemblies, which may come to his knowledge, and generally to keep the peace in his proper county.

Approved December 10th, 1869.

CHAPTER 2.

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

Be it enacted by the Council and House of Representatives of the Territory of Wyoming:

Sec. 1. That justices of the peace in their respective counties have jurisdiction of, and may hear, try and determine all public offenses, less than felony, except as otherwise provided by law, in which the punishnent prescribed by law does not exceed a fine of one hundred dollars, or imprison

ment for six months on information under oath, saving to the defendant the right of appeal to the district court.

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

Information,

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

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

Territory of
County of

V8.

A. B., defendant,

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

day of

A.

"

Criminal ao tions, how commenced.

Form

SEC. 5. Immediately upon the filing of such information, the justice may in his discretion, issue a warrant for the arrest of the defendant, directed in the same manner as a warrant of arrest upon a preliminary examination, and may be served in like manner.

SEC. 6. The officer who receives the warrant, must serve the same by arresting the defendant, if in his power, and bringing him without unnecessary delay, before the justice who issued the same.

SEC. 7. When the defendant is brought before the justice, the charge against him must be distinctly read to him, and he shall be asked whether he is presented by his right

Warrant of

arrest.

Service of war

rant.

Misnomer.

Fleas, oral or written.

When justice to try issue

Change of тение.

Affidavit.

SEC. 11. If such affidavit be filed, the change of venue must be allowed, and the justice must immediately transmit all the original papers, and a transcript of all his docket entries in the case, to the next nearest justice in the county, against whom no such objection has been made, who shall proceed to try the case, unless a jury trial be demanded. No uly one change more than one change of venue in the same case shall be

allowed.

allowed.

Transcript.

Defendant may demand jury.

Proceedings therein.

name, and be required to plead. If he object that he is wrongfully named in the information, he must give his right name; and if he refuse to do so, or does not object to the name used in the information, the justice shall make an entry thereof in his docket, and he is thereafter precluded from making any such objection.

SEC. 8. The defendant may plead the same pleas as upon an indictment; his pleas may be either oral or written, and must be entered on the docket of the justice.

SEC. 9. Upon a plea other than a plea of " guilty," if the defendant do not demand a trial by jury, the justice must proceed to try the issue, unless a change of venue be applied for by the defendant.

Venire.

SEC. 10. If a change of venue be applied for, an affidavit must be filed stating that the justice is prejudiced against the defendant, or is a near relation to the prosecutor, upon the charge, or the party injured or interested, or is a material witness for either party, or that the defendant cannot obtain justice before him, as the affiant verily believes.

SEC. 12. Before the justice has heard any testimony upou the trial, the defendant may demand a jury, which, in all cases, shall be allowed.

SEC. 13. If a trial by jury be demanded, the justice shall direct any peace officer of the county to make a list in writing of the names of twelve inhabitants of the county having the qualifications of jurors in the district court, from which list the prosecutor and defendant may each strike out three names.

SEC. 14. In case the prosecutor

or the defendant

neglect or refuse to strike out such names, the justice shall direct some disinterested person to strike out the names for either or both of the parties so neglecting or refusing; and upon such names being struck out, the justice must issue a venire directed to any peace officer of the county, requiring him to summon the six persons whose names remain upon the list to appear before such justice at the time and place named therein, to make a jury for the trial of the cause.

of jurors.

SEC. 15. The officer to whom such venire is delivered, Summoning must forthwith summon such jurors, and return the venire to the justice within the time therein specified, naming the persons summoned, and the manner of service.

SEC. 16. The names of the persons returned as jurors shall be called by the justice, and if upon any such call any of the persons so named do not appear, or are challenged or set aside for any cause, such further number must be summoned as will make a jury of six, after all legal challenges have been allowed.

Talesmen.

cause.

SEC. 17. The same challenge for cause may be taken Challenge for by either party to any individual juror, as on the trial of an indictment for a misdemeanor, but no challenge to the panel is allowed.

contempt.

SEC. 18. If the officer by whom the venire is received, Officer may ba do not return it as required, he may be punished by the presented for justice for a contempt, and the justice shall issue a new venire for the summoning of the same jurors upon which the same proceeding shall be had as upon the one first issued.

SEC. 19. Where six jurors appear and are accepted, they shall constitue the jury.

SEC. 20. The justice must thereupon administer to them the following oath or affirmation. "You and each of you do swear, or you do solemnly affirm, (as the case may be,) that you will well and truly try the issue between the territory of Wyoming and the defendant, and a true verdict give according to the evidence."

SEC. 21. After the jury are sworn, they must sit together, and hear the proofs and allegations of the parties,

Six jurors to constitute jury.

Oath.

Daty of jury.

Retirement.

Delivery of verdict.

"You do swear that you will well keep the jury together Oath of officer. in some private place without food or drink, unless otherwise ordered by the court; that you will not permit any person to speak to them, nor speak to them yourself, unless it be to ask them whether they have agreed upon a verdict, and that you will return them into court when they have so agreed.

,"

Justice may proceed again to trial.

Plea of guilty.

SEC. 24. The jury must be kept together after the case d before verdict is submitted to them, until they have agreed upon and ren

Jury discharg

for good cause.

dered their verdict, unless, for good cause the justice sooner discharge them.

SEC. 25. If the jury be discharged as provided in the last section, the justice may proceed again to the trial in the same manner as upon the first trial, and so on till a verdict is rendered.

Pine and imprisonment.

which must be delivered in public, after which they may either decide in open court or retire for consideration.

Acquittal.

SEC. 22. If they do not immediately agree upon verdict, they must retire with the sheriff of the county, or some constable, if either such are in attendance upon the court, or in their absence, with some person appointed by the justice, who shall be sworn to the following:

Costs against prosecuting witGold.

SEC. 23. When the jury have agreed on their verdict, they must deliver it publicly to the justice, who shall enter it on his docket.

SEC. 26. When the defendant pleads guilty," or is convicted, either by the justice or by a jury, the justice shall render judgment thereon, of fine or imprisonment, as the case may require, being governed by the rules prescribed for the district court, as far as the same are applicable, in rendering such judgment.

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SEC. 27. A judgment that the defendant pay a fine, may also direct that he be imprisoned until the fine is satisfied.

SEC. 28. When the defendant is acquitted, either by the justice or by a jury, he must be immediately discharged.

SEO. 29. When the defendant is acquitted, the justice shall, if he is satisfied that the prosecution was malicious or

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