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CRIMINAL PRACTICE ACT.

CHAPTER I.

ELEMENTARY PRINCIPLES.

Sec. 1. Criminal action defined.

Sec. 2. Criminal actions prosecuted in name of the territory ; accused known as defendant.

Sec. 3. Crimes classified.

Sec. 4. Distinction between misdemeanors and felonies.

Sec. 5. Prosecutions—how conducted before justice of the peace, and in probate and district court.

Sec. 6. Criminal jurisdiction of justice of the peace, probate court, and district court, defined.

Sec. 7. Where cause shall be tried in case of concurrent jurisdiction.

Sec. 8. How person convicted of felony.

Sec. 9. Rights of defendant in criminal action.

Sec. 10. Person once duly convicted or acquitted not subject to second prosecution.

Sec. 11. No person compelled to criminate himself.

Sec. 12. Restraint to which accused shall be subjected.

Section 1. The proceedings by which a party charged with a public offence is accused, and tried therefor, shall be known as a criminal action.

Sec. 2. All criminal actions shall be prosecuted in the name of the territory of Montana. The person accused and prosecuted for the commission of a public offence shall be known as the defendant.

Sec. 3. All crimes are divided into misdemeanors and felonies.

Sec. 4. Crimes which do not subject the offender to imprisonment in the territorial prison, or to death, shall be classed as misdemeanors. Crimes which subject the offender to imprisonment in the territorial prison, or to death, shall be classed as felonies.

Sec. 5. All prosecutions conducted in the district court shall be by indictment. Prosecutions in the probate court, or justice of the peace courts, shall be by complaint.

Sec. 6. Justices of the peace shall have jurisdiction of all misdemeanors committed in the county in which they may be qualified to act, when the punishment therefor does not exceed a fine of one hundred dollars, or imprisonment in the county jail three months, or by both such fine and imprisonment. The probate court shall have jurisdiction of all misdemeanors for the county in which the judge thereof shall be qualified to act when the punishment therefor does not exceed a fine of five hundred dollars, or imprisonment for six months in the county jail, or by both such fine and imprisonment. The district court shall have jurisdiction of all offences not cognizable in the probate or justice of the peace courts, and of all common law offences.

Sec. 7. When two or more courts have concurrent jurisdiction over the same offence, the cause shall be tried in that one in which the prosecution shall be first commenced: Provided, That nothing in this section shall be so construed as to prevent a change of venue from one court to another.

Sec. 8. No person can be convicted of a felony unless by the verdict of a jury, accepted and recorded by the court, or upon a plea of guilty.

Sec. 9. In a criminal action, the defendant is entitled: First. To a speedy and public trial. Second. To be allowed counsel. Third. To produce witnesses on his behalf, and to be confronted with the witnesses against him in the presence of the court.

Sec. 10. No person shall be subject to a second prosecution of a public offence for which he has once been prosecuted, and put in jeopardy, and duly convicted or acquitted.

Sec. 11. No person shall be compelled, in a criminal action, to be a witness against himself.

Sec. 12. No person charged with a public offence shall be subject before conviction to any more restraint than is necessary for his detention to answer the charge.

CHAPTER II.

PREVENTION OF PUBLIC OFFENCES.

Sec. 13. When person may lawfully resist commission of public offence.

Sec. 14. Duty of sheriff and other public officers to command peace and arrest offenders.

Sec. 15. Duty of magistrate to arrest offenders in certain cases. Sec. 16. Duty of magistrates and other officers to disperse unlawful assemblies-power to arrest.

Sec. 17. Governor to order necessary force, in certain case, to execute process or quell riots.

Sec. 18. Power of mayor or other officer to keep peace of city or

town.

Sec. 19. Sheriff to command assistance to execute process.
Sec. 20. Magistrates to preserve the peace.

Sec. 21. Duty of magistrates on complaint made of threats against person or property.

Sec. 22. If reason to fear commission of offence, shall issue warrant to arrest, &c.

Sec. 23. Duty of magistrate when offender brought before him. Sec. 24. If recognizance given, offender discharged; refusal to give, committed to jail.

Sec. 25. Person committed for want of bail, released upon giving bail.

Sec. 26. Duty of district attorney where recognizance is violated. Sec. 27. Costs taxed against complainant—when.

Sec. 28. When costs taxed against complainant he may appeal to district court.

Sec. 29. Duty of district court on appeal.

Section 13. Lawful resistance to the commission of a public offence may be made as follows: Any one against whose person, family, or property an offence is threatened and about to be committed, may make sufficient resistance to prevent the commission thereof; or to prevent an illegal attempt by force to take or injure property in his lawful possession. Any other person in aid of him, against whose person, family, or property an offence is threatened and about to be committed, may assist in making sufficient resistance to prevent the perpetration of the offence.

Sec. 14. Any sheriff, constable, or public officer in whose presence any breach of the peace is threatened and about to be committed, may command the peace; and if the person threatening and about to commit the breach of the peace persist in committing the offence, it shall be the duty of such officer to arrest him and take him before the nearest magistrate and make complaint of him for such violation of law.

Sec. 15. If any person threaten and be about to commit any breach of the peace in the presence of any magistrate, it shall be lawful for him to arrest such offender, and without further proceeding compel him to give bail to observe the peace in any sum not to exceed five thousand dollars.

Sec. 16. When two or more persons, whether armed or not, shall be unlawfully or riotously assembled in any place, any sheriff, constable, police officer, or magistrate may go among them, or as near to them as possible, and command them to disperse; and if they shall fail or refuse to obey such command, may arrest them; and for the purpose of assisting such officer, the whole force of the county in which such assembly is convened may be called upon by such officer in arresting said offenders.

Sec. 17. If it appear to the governor that the power of the county is not sufficient to enable the sheriff or the officer to execute any process delivered to him, or to quell any unlawful or riotous assembly, on the application of the sheriff or other officer, he shall order such force from any other county or counties as shall be necessary.

Sec. 18. The mayor or other officer having the direction of the police of any city or town, or any sheriff or constable, may place in any public meeting a sufficient force to keep the peace when there are good grounds for believing that a breach of the peace is there to be apprehended.

Sec. 19. When the sheriff or other public officer authorized to execute process shall find or have reason to believe that resistance will be made to the execution of his process, he may command as many male inhabitants of his county as he may think proper to assist him in overcoming the resistance, and, if necessary, in seizing, arresting, and confining (those resisting); and the officer shall certify to the court from which the process issued the names of the (parties so resisting), to the end that they may be punished for contempt.

Sec. 20. The following magistrates shall have power to cause to be kept all laws made for the preservation of the public peace, and in the execution of that power to require persons to give security to keep the peace in the manner herein provided: The judges of the supreme court throughout the territory, probate judges and justices of the peace in their respective counties, the mayors, or other officers invested with judicial powers, of incorporated cities and towns within the limits of such corporation.

Sec. 21. Whenever complaint shall be made in writing, and upon oath, to any such magistrate, that any person has threatened, or is about to commit any offence against the person or property of another, it shall be the duty of such magistrate to examine such complainant, and any witnesses who may be produced, on oath; to reduce such examination to writing, and cause the same to be subscribed by the parties so examined.

Sec. 22. If it appear upon such examination that there is reason to fear the commission of any such offence by the person complained of, it shall be the duty of the magistrate to issue a warrant under his hand, with or without seal, stating the complainant's

name, and the offence charged, and commanding the officer to whom it is directed forthwith to arrest the person complained of and bring him before such magistrate.

Sec. 23. Upon such person being brought before such magistrate, it shall be his duty to examine all witnesses which either party may require to be examined; and if it shall appear to the satisfaction of such magistrate that there is reason to fear the commission of such offence, he shall require the person complained of to enter into a recognizance in such sum, not exceeding five thousand dollars, as such magistrate shall direct, with one or more sufficient sureties, conditioned that he will keep the peace toward the inhabitants of this territory, and particularly toward the complainant, for such length of time as the magistrate may designate, not to exceed one year, which bond shall be filed by the magistrate with the clerk of the district court of the county in which it was taken, and shall be by such clerk recorded in the order book.

Sec. 24. If such recognizance be given, the party complained of shall be discharged; but if he fail or refuse to find surety, it shall be the duty of the magistrate to commit him to prison until he find the same, specifying in the warrant the cause of commitment and the sum in which surety was required.

Sec. 25. Any person committed for not finding surety, as above provided, may be discharged by any magistrate authorized to bind persons to keep the peace within the county, upon giving such security as was originally required of such person.

Sec. 26. Upon the violation of any of the conditions of any bond taken, as herein provided, the district attorney may institute suit therein in any court having jurisdiction; and if the defendant shall have been convicted of any offence which would amount to a violation of such bond, the record of such conviction shall be sufficient evidence of forfeiture of such recognizance.

Sec. 27. When any person complained of shall be discharged by the magistrate before whom the examination is had, if it appears to the magistrate that the prosecution was malicious, and that there were no grounds that would induce a reasonable man to believe the person complained of was guilty of the crime specified in the complaint, it shall be the duty of said magistrate to adjudge that the complainant shall pay all costs of the proceedings.

Sec. 28. Any complainant against whom costs are adjudged, may appeal from such decision to the district court in the county in which such proceedings were had, upon filing a bond, approved by the magistrate, that he will pay all costs that may be awarded against him in said district court.

Sec. 29. If it shall appear in the district court, to which such action shall be appealed, that said prosecution was not malicious, or that there were grounds which would induce a reasonable man to believe the defendant guilty of the crime charged in the com

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