dered forthwith to answer the articles of impeachment. If he plead guilty, or refuse to plead, the council shall render judgment of conviction against him. If he deny the matters charged, the council shall, at such time as they may appoint, proceed to try the impeachment.

SEC. 58. At the time and place appointed, and before the council proceed to act on the impeachment, the secretary shall administer to the president of the council, and the president of the council to each of the members of the council then present, an oath or affirmation truly and impartially to hear, try and determine the impeachment; and no member of the council shall act or vote upon the impeachment, or any question arising thereon, without having taken such oath or affirmation.

SEC. 59. The oath or affirmation having been administered, the council shall proceed to try and determine the impeachment, and may adjourn the trial from time to time.

SEC. 60. The defendant cannot be convicted on impeachment without the concurrence of two-thirds of the members present; and if two-thirds of the members do not concur in a conviction, he shall be declared acquitted.

SEC. 61. After conviction, the council shall immediately, or at such other time as they shall appoint, pronounce judgment, which shall be in the form of a resolution entered upon the journals of the council. The vote upon the passage thereof shall be taken by yeas and nays, and shall, in like manner, be entered upon the journal.

SEC. 62. On the adoption of the resolution, by a majority of the members present, who voted on the question of acquital or conviction, the same shall be the judgment of the council.

SEC. 63. The judgment may be that the defendant be suspended and removed from office, or that he be removed from office and disqualified to hold and enjoy a particular office or class of offices, or any office of honor, trust or profit under this territory.

SEC. 64. If judgment of suspension be given, the defendant shall, during the continuance thereof, be disqualified from receiving the salary, fees, or emoluments of the office.

SEC. 65. Whenever articles of impeachment against any officer subject to impeachment, shall be presented to the president of the council, such officer shall be temporarily suspended from his office, and shall not act in his official capacity until duly acquitted. Upon such suspension of any territorial officer, created by territorial law, the governor shall immediately take charge of his office, and such office shall at once be temporarily filled by appointment by the governor, by and with the advice and consent of the council, until the acquittal of the party impeached; or in case of his removal, then until the vacancy be filled as provided by law.

SEC. 66. If the offence for which the defendant is impeached be the subject of an indictment, the indictment shall not be barred by the impeachment.

SEC. 67. An accusation in writing against any district, county, or township officer, for wilful or corrupt misconduct in office, may be presented by the grand jury of the county for which the officer accused is elected or appointed.

SEC. 68. The accusation shall state the offence charged, in ordinary and concise language, and without repetition..

SEC. 69. The accusation shall be delivered by the foreman of the grand jury to the district attorney of the county, who shall cause a copy thereof to be served upon the defendant, and require by notice, in writing, of not less than ten days, that he appear before the district court then sitting, or at the next term, and answer the accusation. The original accusation shall then be filed with the clerk of the district court.

SEC. 70. The defendant must appear at the time appointed in the notice, and answer the accusation, unless for some sufficient cause the court assign another day for that purpose. If he do not appear, the court may proceed to hear and determine the accusation in his absence.

SEC. 71. The defendant may answer the accusation, either by objecting to the sufficiency thereof, or of any article therein, or by denying the truth of the same.

SEC. 72. If he object to the legal sufficiency of the accusation, 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.

SEC. 73. If he deny the truth of the accusation, the denial may be oral and without oath, and shall be entered upon the minutes.

SEC. 74. If an objection to the sufficiency of the accusation be not sustained, the defendant shall be required to answer the accusation forthwith.

SEC. 75. If the defendant plead guilty, or refuse to answer the accusation, the court shall render judgment of conviction against him. If he deny the matters charged, the court shall immediately, or as soon thereafter as practicable, proceed to try the accusation.

SEC. 76. The trial shall be by a jury, and shall be conducted in all respects in the same manner as the trial of an indictment for a misdemeanor.

SEC. 77. The district attorney and the defendant shall be respectively entitled to such process as may be necessary to enforce the attendance of witnesses as upon the trial of an indictment.

SEC. 78. Upon a conviction, the court shall immediately, or within five days, as they may appoint, pronounce judgment that the defendant be removed from office. But to warrant a removal, the judgment must be entered upon the minutes, assigning therein the causes of removal.

SEC. 79. From a judgment of removal, an appeal may be taken to the supreme court, in the same manner as from a judgment in a civil action, but until such judgment be reversed, the defendant shall be suspended from his office. Pending the appeal, the office may be filled as in case of vacancy.

SEC. 80. The same proceedings may be had on like grounds for the removal of a district attorney, except that the accusation shall be delivered to the district judge of the district, who shall thereupon appoint some one to act as prosecuting officer in the matter, or shall place the accusation in the hands of the district attorney of an adjoining district, and require him to conduct the proceedings.

IV. PROCEEDINGS IN CRIMINAL ACTIONS PROSECUTED BY INDICTMENT.

1.-LOCAL JURISDICTION OF PUBLIC OFFENCES.

SEC. 81. Who amenable to territorial laws.

82. Offences committed out of territory and ended within it.

83. Death by dueling, out of territory.

84. Offences part in one county and part in another.

85. County boundaries, when cognizable, on vessels.

87. Abduction and kidnaping, where cognizable.

88. Bigamy or incest, where cognizable.

89. Property stolen in one and taken into another county, where triable.

90. Accessory, where triable.

91. Trial in another state to bar indictment in certain cases.

92. Trial in one county to bar prosecution in another.

SEC. 81. Every person, whether an inhabitant of this territory or any other state or country, or of a territory or district of the United States, shall be liable to punishment by the laws of this territory for a public offence committed by him therein, except when it is by law cognizable exclusively in the courts of the United States.

SEC. 82. When the commission of a public offence commenced without this territory, is consummated within the boundaries thereof, the defendant shall be liable to punishment therefor in this territory, though he were without the territory at the time of the commission of the offence charged: Provided, That he consummated the offence through the intervention of an innocent or guilty agent without this territory, or any other means proceeding directly from himself, and in such case the jurisdiction shall be in the county in which the offence is consummated.

SEC. 83. When an inhabitant or resident of this territory shall, by any previous appointment or engagement, fight a duel without the jurisdiction of this territory, and in such duel a wound shall be inflicted upon any person whereof he shall die within this territory, the jurisdiction of the offence shall be in the county where the death shall happen.

SEC. 84. When a public offence is committed in part in one county and in part in another, or the acts or effects thereof constituting, or requisite to the consummation of the offence occur in two or more counties, the jurisdiction shall be in either county.

SEC. 85. When a public offence is committed on the boundary of two or more counties, or within five hundred yards thereof, the jurisdiction shall be within either county.

SEC. 86. When an offence is committed within this territory on board a vessel navigating a river, bay, slough, or lake, or lying therein, in the prosecution of her voyage, the jurisdiction shall be in any county through which the vessel is navigated in the course of her voyage, or in the county where the voyage shall terminate.

SEC. 87. The jurisdiction of an indictment for the crime of forcibly stealing, taking or arresting any man, woman or child, in this territory, and carrying him or her into another county, state or territory, or for forcibly taking or arresting any person or persons whomsoever, with a design to take him or her out of this territory, without having established a claim according to the laws of the United States, or for hiring, persuading, enticing, decoying or seducing, by false promises, misrepresentations and the like, any negro, mulatto, Indian or colored person to go out of this territory, or to be taken or removed therefrom for the purpose and with the intent to sell such negro, mulatto, colored person or Indian into slavery or involuntary servitude, or otherwise to employ him or her for his_or her own use, or to the use of another, without the free will and consent of such negro, mulatto, Indian or colored person, shall be, in any county in which the offence is committed or into or out of which the person upon whom the the offence was committed may, in the prosecution of the offence, have been brought, or in which an act shall be done by the offender in instigating, procuring, promoting, aiding in or being accessory to the commission of the offence, or in abetting the parties therein concerned.

SEC. 88. When the offence of bigamy or incest is committed in one county, and the defendant is apprehended in another, the jurisdiction shall be in either county.

SEC. 89. When property, feloniously taken in one county, by burglary, robbery, larceny, or embezzlement, has been brought into another, the jurisdiction of the offence shall be in either county. But if, at any time before the conviction of the defendant in the latter, he be indicted in the former county, the sheriff of the latter county shall, upon demand, deliver him to the sheriff of the former county, upon being served with a copy of the indictment, and upon receipt, indorsed thereon by the sheriff of the former county, of the body of the offender, and shall, on filing the copy of the indictment and receipt, be exonerated from all liability in respect to the custody of the offender.

SEC. 90. In the case of an accessory before or after the fact in the commission of a public offence, the jurisdiction shall be in the county where the offence of the accessory was committed, notwithstanding the principal offence was committed in another county.

SEC. 91. When an act charged as a public offence is within the jurisdiction of another state or territory, as well as of this territory, a conviction or acquittal thereof in such territory or state shall be a bar to the prosecution or indictment therefor in this territory.

SEC. 92. When an offence is within the jurisdiction of two or more counties, a conviction or acquittal thereof in one county shall be a bar to a prosecution or indictment therefor in another.