years. Second, If the offence so attempted is a misdemeanor, the person so convicted shall be punished by a fine not exceeding onehalf of the largest amount, or by imprisonment in the county jail or Territorial prison, as the case may be, for a term not exceeding one-half the longest time prescribed by law, upon a conviction of the offence so attempted. Third, If the offence so attempted is a felony not punishable by death or imprisonment which may extend to life, the person convicted of such offence shall be punished by imprisonment in the Territorial prison not exceeding one-half the longest time which may be imposed on conviction of the offence so attempted.

SEC. 160. This act shall take effect from and after its

passage.

AN ACT to regulate proceedings in criminal cases in the courts of justice in the Territory of Montana.

CHAPTER I.

Be it enacted by the Legislative Assembly of the Territory of Montana.

SEC. 1. 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. 2. 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. 3. 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. 4. 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. 5. 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 be find the same, specifying in the warrant the cause of commitment and the sum in which surety was required.

SEC. 6. Any person committed for not finding surety, as above provided, may be discharged by any magistrate authorized to bind to the peace within the county, upon giving such security as was originally required of such person.

SEC. 7. Every person who in the presence of any magistrate above specified, or of any court of record, shall make any affray, or threaten to kill or beat another, or to commit any offence against his person or property, and all persons who in the presence of such court or magistrate shall threaten to commit any offence, may be ordered by such magistrate or court, without any other proof, to give such security as above specified, and in case of failure or refusal so to do, he may be committed in like manner as hereinbefore provided.

SEC. 8. 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. 9. If any person complained of shall be discharged by the magistrate before whom the examination is had, the complainant may, in the discretion of the magistrate, be adjudged to pay the

costs.

SEC. 10. Any complainant against whom costs are adjudged, may appeal from such decision to the district court of the county. upon filing a bond, to be approved by the magistrate, that he will pay all costs that may be awarded against him in the district court.

SEC. 11. The case shall be heard in the district court, as hereinbefore provided for trial of such cases, on appeal by the defendant. If the defendant be in court, the court may order that he enter into bonds, and if not in court, may order that a warrant be issued for his arrest, and that he be held in custody until he give such bond.

LOCAL JURISDICTION OF CRIMES.

SEC. 12. Offences committed against the laws of this Territory shall be punished in the county in which the offence is committed, except as may be otherwise provided by law.

SEC. 13. Every person being without the Territory, committing or consummating any offence by an agent or other means within the Territory, is liable to be punished by the laws thereof in the same manner as if he were present and had commenced and consummated the offence within the Territory.

SEC. 14. When a crime has been committed partly in one county and partly in another, or the act or effects constituting or requisite to the consummation of the offence occur in two or more counties, the jurisdiction is in either county.

SEC 15. When a crime is committed in this Territory, or on the boundary thereof, on board a boat or vessel navigating a river, or lying therein, the jurisdiction is in any county within or bordering on the line of said river on which the offence is committed.

SEC. 16. That the jurisdiction of the following cases is in any county in which the offence was committed, or into or out of which the person upon whom the offence was committed has been brought: First, For forcibly or fraudulently taking, inveigling or kidnapping any negro or mulatto, to be sent out of the Territory to be sold as a slave or held to service. Second, For taking or enticing away any female for the purpose of prostitution. Third, For taking, decoying, or enticing away a child under the age of fifteen years, with intent to detain or conceal it from its parents, guardian, or other person having lawful charge of the child.

SEC. 17. When property taken in one county by burglary, robbery, larceny, or embezzlement, has been brought into another county, the jurisdiction is in either county.

SEC. 18. An accessory before or after the facts may be punished in the county where he committed the offence, or in the county where the principal offence was committed.

SEC. 19. That if any mortal wound is given, or poison administered, in one county, and death by means thereof ensues in another, the jurisdiction is in either county.

LIMITATION OF CRIMINAL ACTIONS.

SEC. 20. Prosecutions for murder and manslaughter may be commenced at any time after the commission of the offence.

SEC. 21. Prosecutions for an offence must be commenced within six months after its commission when the penalty cannot exceed a fine of ten dollars.

SEC. 22. In all cases of misdemeanor, prosecutions therefor must be commenced within three years after its commission; and in cases of felony, except murder and manslaughter, prosecution must be commenced within five years.

SEC. 23. If any person who has committed an offence is absent from the Territory, after the commission thereof, or so conceal himself that process cannot be served upon him, the time of the absence or concealment is not to be included in computing the period of limitation.

ARREST AND EXAMINATION OF OFFENDERS.

SEC. 24. For the apprehension of persons charged with of fences, the magistrates mentioned in the first section of this act are authorized to issue process to carry into effect the provisions of this chapter.

SEC. 25. Upon complaint being made to any such magistrate that a criminal offence has been committed, he shall examine, on oath, the complainant, and any witness produced by him, and shall reduce the complaint to writing, and shall cause the same to be subscribed by the complainant, and if it appear that any such offence has been committed, the magistrate shall issue a warrant, reciting the substance of the complaint, and requiring the officer to whom it is directed forthwith to take the person accused and bring him before such magistrate, or before some other magistrate of the county, to be dealt with according to law, and in the same warrant may require the officer to summon such witnesses as shall therein be named, to appear and give evidence on the examination.

SEC. 26. Upon complaint being made to any magistrate of any county of this Territory that a criminal offence has been committed, and that the offender has fled from the county in which the offence was committed, such magistrate shall issue a warrant, directed to an officer of his own county, requiring the offender to be apprehended and taken before some magistrate of the county where the offence was committed, to be dealt with according to law.

SEC. 27. If any person against whom a warrant may be issued for an alleged offence committed in any county, shall, either before or after the issuing of such warrant, escape or be out of the county, the officer to whom the warrant is directed may pursue and apprehend the party charged in any county in this Territory, and for that purpose may command aid and exercise the same authority as in his own county.

SEC. 28. In cases where the offence charged in the warrant is not punishable with death or imprisonment in the Territorial prison, if the person requests that he may be brought before a magistrate of the county in which the arrest was made, for the purpose of entering into a recognizance, without a trial or examination, the officer