demand of exvcutive of other

fugitives from

Sec. 2. When a demand shall be made upon the governor of Proceedings on this territory, by the executive of any state or territory, in any states, &c., for case authorized by the constitution and laws of the United justice. States, for the delivery over of any person charged in such state or territory, with treason, felony, or any other crime, the district attorney, or any other prosecuting officer of the territory, when required by the governor, shall forthwith investigate the ground of such demand, and report to the governor all material facts which may come to his knowledge, as to the situation and circumstances of the person so demanded, especially whether he is held in custody, or is under recognizance to answer for any offense against the laws of this territory, or of the United States, or by force of any civil process, and also whether such demand is made according to law, so that such person ought to be delivered up; and if the governor is satisfied that such demand is made conformable to law, and ought to be complied with, he shall issue his warrant, under the seal of the territory, authorizing the agents who make such demand, either forthwith, or at such time as shall be designated by the warrant, to take and transport such person to the line of the territory, at the expense of such agents, and shall also, by such warrant, require the civil officers, within this territory, to afford all needful assistance in the execution thereof.

magistrate to issue warrant and what to contain.

Sec. 3. Whenever any person shall be found within this terri- When and how tory, charged with any offense committed in any state or territory, and liable by the constitution and laws of the United States, to be delivered over upon the demand of the executive of such state or territory, any court or magistrate authorized to issue warrants in criminal cases, may, upon complaint under oath, setting forth the offense and such other matters as are necessary to bring the case within the provisions of law, issue a warrant to bring the person so charged before the same, or some other court or magistrate within the territory, to answer such complaint as in other cases.

charged to give

Sec. 4. If, upon examination of the person charged, it shall when person appear to the court or magistrate that there is reasonable cause recognizance. to believe that the complaint is true, and that such person may be lawfully demanded of the governor, he shall, if not charged with a capital crime, be required to recognize with sufficient

When to be committed.

sureties, in a reasonable sum, to appear before such court, or magistrate at a future day, allowing a reasonable time to obtain the warrant of the executive, and to abide the order of the court or magistrate; and if such person shall not so recognize, he shall be committed to prison, and be there detained until such day, in like manner as if the offense charged had been committed within this territory; and if the person so recognizing shall fail to appear according to the condition of his Forfeiture of recognizance, he shall be defaulted, and the like proceedings shall be had, as in the case of other recognizances entered into before such court or magistrate; but if such person be charged with a capital crime, he shall be committed to prison, and there detained until the day so appointed for his appearance before the court or magistrate.

recognizance.

When discharged.

ed on warrant of executive,

&c.

Sec. 5. If the person so recognized or committed shall appear before the court or magistrate upon the day ordered, he shall be discharged, unless he be demanded by some persons May be deliver- authorized by the warrant of the executive to receive him, or unless the court or magistrate shall see cause to commit him, or to require him to recognize anew, for his appearance at some other day, and if, when ordered, he shall not so recognize, he shall be committed and detained as before provided; whether the person so discharged shall be recognized, committed, or discharged, any person authorized by the warrant of the executive, may at all times, take him into custody, and the same shall be a discharge of the recognizance, if any, and shall not be deemed an ascape.

Sec. 6. The complainant in such case shall be answerable for the actual costs and charges, and for the support in prison, of any person so committed, and shall advance to the jailor one week's board, at the time of commitment, and so from week to week, so long as such person shall remain in jail, and if he fail so to do, the jailor may forthwith discharge such person from his custody.

CHAPTER 15.

PROCEEDINGS TO PREVENT THE COMMISSION OF

CRIMES.

cause public peace to be kept

Section 1. The judges of the several courts of record, in What omcer to vacation as well as in open court, and all justices of the peace, shall have power to cause all laws made for the preservation of the public peace to be kept, and in the execution of that power, may require persons to give security to keep the peace, or for their good behavior, or both, in the manner provided in this chapter. Sec. 2 Whenever complaint shall be made to any such mag- when complaint istrate that any person has threatened to commit an offense istrate against the person or property of another, the magistrate shall examine the complainant, and any witness who may be produced, on oath, and to reduce such complaint to writing, and cause the same to be subscribed by the complainant.

Proceedings

is made to mag

when to issue

Sec. 3. If upon examination, it shall appear that there is Magistrate just cause to fear that any such offense may be committed, the warrant. magistrate shall issue a warrant under his hand, reciting the substance of the complaint, and requiring the officer to whom it may be directed, forthwith to apprehend the person complained of, and bring him before such magistrate, or some other magistrate, or court, having jurisdiction of the cause.

Proceedings

tion before

Sec. 4. The magistrate before whom any person is brought upon examinaupon charge of having made threats as aforesaid, shall as soon magistrate. as may be, examine the complainant and the witnesses to support the prosecution, on oath, in the presence of the party charged, in relation to any matters connected with such charge, which may be deemed pertinent.

have counsel.

Sec. 5. After the testimony to support the prosecution, the Defendant may witnesses for the prisoner, if he have any, shall be sworn and examined, and he may be assisted by counsel in such examination, and also in the cross-examination of the witnesses in support of the prosecution.

to enter into

Sec. 6. If upon examination, it shall appear that there is Defendant when just cause to fear that any such offense will be committed by recogni:ance.

Defendant when to be discharged

Defendant when to be committed

Defendant when to be discharged

Costs by whom paid.

Appeal when allowed.

When magis

trato may re

the party complained of, he shall be required to enter into a recognizance, and with sufficient sureties, in such sum as the magistrate shall direct, to keep the peace toward all the people of this territory, and especially toward the persons requiring such security, for such term as the magistrate shall order, not exceeding six months; but he shall not be ordered to recognize for his appearance at the district court, unless he is charged with some offense for which he ought to be held to answer at said court.

Sec. 7. Upon complying with the order of the magistrate, the party complained of shall be discharged.

Sec. 8. If the person so ordered to recognize shall refuse or neglect to comply with such order, the magistrate shall commit him to the county jail during the period for which he was required to give security, or until he shall so recognize, stating in the warrant the cause of commitment, with the sum and time for which security was required.

Sec. 9. If, upon examination, it shall not appear that there is just cause to fear that any such offense will be committed by the party complained of, he shall be forthwith discharged; and if the magistrate shall deem the complaint unfounded, frivolous, or malicious, he shall order the complainant to pay the costs of prosecution, who shall thereupon be answerable to the magistrate and the officer for their fees as for his own debt.

Sec. 10. When no order respecting the costs is made by the magistrate, they shall be allowed and paid in the same manner as costs before justices in criminal prosecutions; but in all cases where a person is required to give security for the peace or for his good behavior, the magistrate may further order the costs of prosecution or any part thereof to be paid by such person, who shall stand committed until such costs are paid, or he is otherwise legally discharged.

Sec. 11. Any person aggrieved by the order of any justice of the peace requiring him to recognize as aforesaid, may, on giving the security required, appeal to the district court next to be holden in the same county, or that county to which said county is attached for judicial purposes.

Sec. 12. The magistrate from whose order an appeal is so cuice witnesses taken, shall require such witnesses as he may think necesary to

Le recognize.

support the complaint, to recognize for their appearance at the court to which appeal is made.

District court

upon such

Sec. 13. The court before which such appeal is prosecuted, Dow to proceed may affirm the order of the justice or discharge the appellant, appeal. or may require the appellant to enter into a new recognizance, with sufficient sureties, in such sum and for such time as the court shall think proper, and may also make such order in relation to the costs of the prosecution as he may deem just and reasonable.

fails to prose

cognizance to

Sec. 14. If any party appealing shall fail to prosecute his when appellant appeal, his recognizance shall remain in full force and effect as cute appeal, reto any breach of the condition, without an affirmation of the be in force. judgment or order of the magistrate, and shall also stand as a security for any costs which shall be ordered by the court appealed to, to be paid by the appellant.

ment how defendant may be

Sec. 15. Any person committed for not finding sureties or After commitrefusing to recognize as required by the court or magistrate, discharged. may be discharged by any judge or justice of the peace, on giving such security as was required.

be transmitted

Sec. 16. Every recognizance taken in pursuance of the fore- Recognizance to going provision shall be transmitted by the magistrate to the to district court district court for the county, on or before the first day of the next term, and shall be there filed or recorded by the clerk.

may be ordered

without war

Sec. 17. Any person who shall in the presence of any mag- When person istrate mentioned in the first section of this chapter, or before to recognize any court of record make an affray, or threaten to kill or beat rant. another, or to commit any violence or outrage against his person or property, and every person, who, in the presence of such court or magistrate, shall contend with hot and angry words, to the disturbance of the peace, may be ordered without process or any other proof, to recognize for keeping the peace, and being of good behavior, for a term not exceeding six months, and in case of a refusal, may be committed as before directed.

offensive weap

ishod.

Sec. 18. If any person shall go armed with a dirk, dagger, Person carrying sword, pistol or pistols, or other offensive and dangerous weap- ens, how punon, without reasonable cause to fear an assault or other injury or violence to his person, or to his family or property, he may, on complaint of any other person having reasonable cause

to