and towns, and requiring their attendance in exposed places. Third. By suppressing riots.

SEC. 18. Whenever the officers of justice are authorized to act in the prevention of public offences, other persons who, by their command, act in their aid, are justified in so doing.

SEC. 19. A complaint may be made before any of the magistrates mentioned in section one hundred and two, that a person has threatened to commit an offence against the person or property of another.

SEC. 20. When the complaint is laid before the magistrate he shall examine, on oath, the complainant and any witness he may produce, and shall take their depositions in writing, and cause them be subscribed by the parties making them.

SEC. 21. If it appear from the depositions that there is just reason to fear the commission of the offence threatened by the person so complained of, the magistrate shall issue a warrant directed generally to the sheriff of the county, or any constable, marshal, or policeman in the territory, reciting the substance of the complaint, and commanding the officer forthwith to arrest the person complained of, and bring him before the magistrate.

SEC. 22. When the person complained of is brought before the magistrate, if the charge be controverted, the magistrate shall take testimony in relation thereto. The evidence must be reduced to writing, and subscribed by the witnesses.

SEC. 23. If it appear that there is no just reason to fear the commission of the offence alleged to have been threatened, the person complained of shall be discharged.

SEC. 24. If, however, there be just reason to fear the commission of the offence, the person complained of may be required to enter into a bond, in such sum, not exceeding five thousand dollars, as the magistrate may direct, with one or more sufficient sureties to keep the peace toward the people of this territory, and particularly toward the complainant. The bond shall be valid and binding for six months, and may upon renewal of the complaint, be extended for a longer period, or a new bond may be required.

SEC. 25. If the bond required by the last section be given, the party complained of shall be discharged. If he do not give it, the magistrate shall commit him to prison, specifying in the warrant the requirement to give security, the amount thereof, and the omission to give the same.

SEC. 26. If the person complained of be committed for not giving the bond required, he may be discharged by any magistrate, upon giving the same.

SEC. 27. A bond given as provided in section twenty-four, must be filed by the magistrate in the office of the clerk of the county.

SEC. 28. Any person who, in the presence of a court or magistrate, shall assault, or threaten to assault another, or to commit any offence against his person or property, or who shall contend with another with angry words, may be ordered by the court or magistrate to give security, as is provided in section twenty-four, or, if he refuse to do so, may be committed, as provided in section twenty-five.

SEC. 29. A bond to keep the peace shall be deemed broken on a conviction of the person complained against of a breach of the peace.

SEC. 30. Upon the attorney's producing evidence of such conviction to the court of the United States in the territory of Idaho, the court shall order the bond to be prosecuted, and the attorney shall thereupon commence an aetion on the same, in the name of the people of this territory.

SEC. 31. In the action, the offence stated in the record of conviction shall be alleged as the breach of the bond, and shall be conclusive evidence thereof.

SEC. 32. No security to keep the peace, or be of good behavior, shall be required except as herein prescribed.

SEC. 33. The mayor, or other officer, having the direction of the police in a city, town, or village, shall order a force sufficient to keep the peace to attend any public meeting, when he is satisfied that a breach of the peace is to be apprehended.

SEC. 34. When a sheriff, or other public officer authorized to execute process, shall find, or have reason to apprehend, 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, and any military company or companies in the county, armed and equipped, to assist him in overcoming the resistance, and, if necessary, in seizing, arresting, and confining the resisters, and their aiders and abettors, to be punished according to law.

SEC. 35. The officer shall certify to the court from which the process issued, the names of the resisters and their aiders and abettors, to the end that they be proceeded against for their contempt of court.

SEC. 36. Every person commanded by a public officer to assist him in the execution of process, as provided in section thirty-four, who shall, without lawful cause, refuse or neglect to obey the command, shall be deemed guilty of a misde

meanor.

SEC. 37. If it appear to the governor that the power of any county is not sufficient to enable the sheriff to execute process delivered to him, he shall, on the application of the sheriff, order such military force from any other county or counties as shall be necessary.

SEC. 38. When six or more persons, whether armed or not, shall be unlawfully or riotously assembled, the sheriff of the county and his deputies, or the constables of the county and the justices of the peace, shall go among the persons so assembled, or as near to them as possible, and shall command them, in the name of the people of the United States and territory of Idaho, immediatery to disperse.

SEC. 39. If the persons assembled do not immediately disperse, the magistrates and officers shall arrest them, that they may be punished according to law, and for that purpose may command the aid of all persons present or within the county.

SEC. 40. If a person so commanded to aid the magistrates or officers neglect or refuse to do so, he shall be deemed guilty of a misdemeanor, and shall be punished accordingly.

SEC. 41. If a magistrate or officer, having notice of an unlawful or riotous assembly, as provided in section thirtyeight, neglect to proceed to the place of assembly, or as near thereto as he can, with safety, and to exercise the authority with which he is invested for suppressing the same and arresting the offenders, he shall be deemed guilty of a misdemeanor.

SEC. 42. If the persons so assembled and commanded to disperse, do not immediately disperse, any magistrate or officer before mentioned may command the aid of a sufficient number of persons, and may proceed in such manner as in his judgment is necessary to disperse the assembly and arrest the offenders.

SEC. 43. When an armed force is called out for the purpose of suppressing an unlawful or riotous assembly, or arresting the offenders, it shall obey such orders in relation thereto as may have been made by the governor, or by a judge of the court of record, or the sheriff of the county, or by a magistrate mentioned as in section thirty-eight.

SEC. 44. When there is an unlawful or riotous assembly, with the intent to commit a felony, or to offer violence to person or property, or to resist by force the laws of the territory, and the fact is made to appear to the governor, or to a judge of the district court or probate court, or to the sheriff of the county, either of those officers may issue an order, directed to the commanding officer of a division, brigade, regiment, battalion or company, to order his command, or any part thereof, (describing the kind and number of troops), to appear at a time and place therein specified, to aid the civil authorities, in suppressing violence and enforcing the laws.

SEC. 45. The commanding officer to whom the order is given shall forthwith obey the same, and the troops so required shall appear at the time and place appointed, armed and equipped, with amunition as per inspection, and shall execute any order that they shall then and there receive, according to law.

SEC. 46. When the Governor shall be satisfied that the execution of civil or criminal process has been forcibly resisted in any county by bodies of men, or that combinations to resist the execution of process by force exist in any county, and that the power of the county has been exerted and has not been sufficient to enable the officer having the process to execute it, he may, on the application of the officer, or of the district attorney, or probate judge of the county, by proclamation to be published in such papers as he shall direct, declare the county to be in a state of insurrection; and may order into the service of the territory such number and description of volunteer or uniform companies, or other militia of the territory, as he shall deem necessary, to serve for such term and under the command of such officer or officers as he shall direct.

SEC. 47. The governor may, when he shall think proper, revoke the proclamation authorized by the last section, or declare that it shall cease at such time and in such manner as he shall direct.

SEC. 48. Any person who shall, after the publication of the proclamation authorized by section forty-six, resist or aid in resisting the execution of process in any county so declared to be in a state of insurrection, or who shall aid or attempt the rescue or escape of any person from lawful custody or confinement, or who shall resist or aid in resisting any force ordered out by the governor to quell or suppress an insurrection, shall be punished by imprisonment in a territorial prison, for a term not less than two years.

SEC. 67. Proceedings against officers.

76. Trial by jury.

77. Attendance of witnesses.

78. Judgment, appeal.

80. Proceedings against district attorney.

SEC. 49. Any territorial officer, created by territorial law, shall be liable for impeachment for any misdemeanor in office. SEC. 50. All impeachments shall be tried by the council; when sitting for that purpose, the councilmen shall be upon oath or affirmation.

SEC. 51. When a civil officer of the territory is impeached by the house of representatives for a misdemeanor in office, the articles of impeachment shall be delivered to the President of the council.

SEC. 52. The council shall assign a day for hearing the impeachment, and shall inform the house of representatives thereof. The president of the council shall cause a copy of the articles of impeachment, with a notice to appear and answer the same at the time and place appointed, to be served on the defendant, not less than ten days before the day fixed for the hearing.

SEC. 53. The service must be upon the defendant personally, or if he cannot, upon dilligent inquiry, be found within the territory, the council, upon due proof of that fact, may order that publication be made in such manner as they deem proper, of a notice requiring him to appear at a specified time and place, and answer to the articles of impeachment.

SEC. 54. If the defendant do not appear, the council, upon proof of service or publication, as provided in the last two sections, may, of their own motion, or for cause shown, assign another day for hearing the impeachment; or may then, or at any other time which they may appoint, proceed, in the absence of the defendant, to trial and judgment.

SEC. 55. When the defendant appears, he must answer the articles of impeachment, which he may do, either by objecting to the sufficiency of the same, or of any article therein, or by denying the truth of the same.

SEC. 56. If the defendant object to the sufficiency of the impeachment, the objection must be in writing, but need not be in any specific form, it being sufficient if it present intelligibly the grounds of the objection. If he deny the truth of the impeachment, the denial may be oral and without oath, and shall be entered upon the journal.

SEC. 57. If an objection to the sufficiency of the impeachment be not sustained by a majority of the members of the council, who heard the argument, the defendant shall be or