forfeited, be liable for the payment of any judgment which may be recovered thereon, and such judgment is hereby declared to be a lien upon such property from the date of such recognizance. Nothing in either of the above sections shall be construed so as to prohibit the issuing of execution and the enforcing the collection thereof out of any other property of the defendants than above enumerated.

CHAPTER II.

PROCEEDINGS IN JUSTICES' COURTS.

SEC 307. Justices of the peace shall have jurisdiction within their respective counties to hear and determine all criminal actions when the punishment for the offence charged is by fine only, or fine and imprisonment in the county jail, not exceeding six months, and shall be authorized to assess a fiue in any amount not exceeding five hundred dollars, or imprisonment in the county jail not exceeding six months.

SEC. 308. If the justice or jury trying any such case shall be of the opinion that the punishment which a justice is authorized to inflict is not adequate to the offence committed, they shall so find, whereupon the justice shall recognize the defendant and the witnesses to appear in the district court, in the same manner as peace magistrates are authorized to recognize persons and witnesses for offences committed; and the same proceedings shall be had in such cases in the district court as if the examination had not been had before such a magistrate.

SEC. 309. Whenever an affidavit shall be filed with a justice of the peace, in writing, charging any one with an offence of which such justice shall have jurisdiction, the justice shall forthwith issue a warrant for the arrest of the offender, which warrant shall be executed by the sheriff of the county, or any constable thereof, or by some competent person specially deputed by the justice for that purpose, which authority shall be endorsed on the warrant.

SEC. 310. If any such offence is committed in the presence of the justice or peace officer, he shall immediately arrest the offender, or cause it to be done, and for the purpose no warrant or process shall be necessary; but such offender shall not be detained longer

than twenty-four hours unless there be an affidavit filed charging such person with some offence, and in that case the same shall be disposed of as other cases.

SEC. 311. When any person shall be brought before a justice of the peace, under the provisions of this chapter, it shall be the duty of the justice to proceed to hear and determine the same, as herein provided.

SEC. 312. Upon good cause shown by either party, the justice may postpone the trial of the cause to a day certain, in which case he shall require the defendant to enter into a recognizance, with sufficient security, conditioned that he will appear before the justice at the time and place appointed, then and there to answer the charge alleged against him.

SEC 313. If the defendant fail or refuse to enter into a recognizance, the justice shall commit him to the jail of the county, there to remain until the day fixed for trial unless recognizance be given in the meantime.

SEC. 314. In case of the breach of any recognizance entered into as aforesaid, the same shall be certified and returned to the district court, to be proceeded on as recognizances certified to such court by magistrates.

SEC. 315. If in the progress of any trial before a justice of the peace, under the provisions of this chapter, it shall appear that the accused ought to be put upon his trial for an offence not cognizable before a justice of the peace, the justice shall immediately stop all further proceedings before him. and proceed as a magistrate in cases cognizable only in the district court.

SEC. 316. In all cases arising under this act, it shall be the duty of the justice to summon the injured party, and all others whose testimony may be deemed material as witnesses at the trial, and to enforce their attendance by attachment if necessary.

SEC. 317. The defendant shall be entitled, if demanded by him, to jury trial The jury shall consist of six persons of the requisite qualifications of jurors in civil cases before justices of the peace, and shall be summoned in the same manner.

SEC. 318. The jury shall be empanelled and sworn in the same manner as in civil cases before a justice of the peace, and each party shall be entitled to challenge peremptorily one-half the number of the jury.

SEC. 319. When proceedings are commenced under the provisions of this chapter, on the information or complaint of the injured party, his name shall be entered by the justice on his docket as prosecutor; and if the defendant shall be discharged or acquitted, the costs shall be paid by the county, unless the justice or jury trying the case shall find that there was no probable cause for the commencement of the same, in which case the prosecutor shall pay the costs, and judgment shall be rendered against him accordingly.

SEC. 320. The justice or jury trying the case shall, if the defendant is found guilty, assess the fine that he shall pay and the imprisonment that shall be inflicted, and judgment shall be rendered accordingly.

SEC. 321. In all cases of conviction, under the provisions of this chapter, the justice shall enter his judgment for the fine and costs against the defendant, and may commit him until the judgment is satisfied, as in cases in the district court.

SEC. 322. Any defendant committed under the provisions of this chapter may be discharged in the same manner as if he had been committed by the district court.

SEC. 323. Any person convicted under the provisions of this chapter, may appeal to the district court, at any time within ten days after judgment is rendered, by entering into recognizance with sufficient security, conditioned that he will appear in the district court on the trial therein, and pay all judgments for fine and costs that may be rendered against him in the district court in such case: Provided, Said defendant give notice of his intention so to do, at the time of the rendition of judgment.

SEC. 324. When an appeal is taken, the justice shall immediately make a certified transcript of all his proceedings therein, and transmit the same, together with the papers in said cause, to the clerk of the district court.

SEC. 325. When an appeal is taken according to this chapter, on the day of trial the justice shall recognize all material witnesses for their appearance at the district court on the trial of such cause.

SEC. 326. The clerk of the district court shall enter the same on the court docket, in its order with other criminal causes; and the same shall be heard at the next term thereafter, unless, for good cause, the same be continued.

SEC. 327. The costs in both cases shall abide the event of the trial in the district court.

SEC. 328. If the judgment of the justice shall be affirmed or modified, or if upon trial in the district court, the defendant shall be convicted and any fine assessed, judgment shall be rendered for such fine and costs, in both courts, against the defendant and his securities.

SEC. 329. All such cases shall be tried anew, in the district

court.

SEC. 330. If the judgment in the district court be not paid, execution may issue thereon against the defendant and his securities for the fine and costs aforesaid, which shall be made out of the property of the defendant, if sufficient thereof be found, if not, then out of the property of his securities.

SEC. 331. The justice shall issue executions for all fines and costs that are not paid in any case before him, which shall be issued, executed and returned, in the same manner as executions issued by justices of the peace in civil cases. If the county shall have paid the costs in any case, and such costs shall afterwards be collected from the defendant, they shall be paid into the county treasury.

SEC. 332. In all cases not specially provided for in this chapter, the process and proceedings before a justice shall be governed by the law regulating proceedings in justices' courts in civil cases.

SEC. 333. Any justice of the peace, sheriff, constable, or coroner, who shall wilfully neglect or refuse to perform any duty enjoined on him by this chapter, shall be deemed guilty of a misdemeanor in office, and upon conviction thereof, shall be fined in any sum not exceeding one hundred dollars.

SEC. 334. When a trial under the provisions of this chapter, shall be continued by the justice, it shall not be necessary for the justice to summon any witnesses who may be present at the continuance, but said justice shall verbally notify such witnesses as either party may require, to attend before him, to testify in the cause, on the day set for the trial, which verbal notice shall be as valid as a

summons.

SEC. 335. Any officer charged with the collections of fines, under the provisions of this chapter, shall return the execution to the justice, within thirty days from its delivery to him, and pay

over to the justice the money collected thereon, deducting his fees for collection of the same.

SEC. 336. All fines imposed and collected by any justice under the provisions of this chapter, shall be paid by him to the treasurer of the county where the conviction was had, for the use of such county, within thirty days after the receipt of the same, and the justice shall take duplicate receipts therefor, one of which he shall deposit with the county auditor, or officer performing the duties of such office.

SEC. 337. If any justice shall fail to pay over such moneys as aforesaid, it shall be the duty of the treasurer of the proper county to prosecute such delinquent justice for the recovery of the same, together with the penalty of twenty per centum thereon, in an action of debt, before any court having jurisdiction thereof.

SEC. 338. When a judgment of imprisonment is rendered by a justice, a certified copy of the same shall be delivered to the jailor, which shall be sufficient authority for executing the judgment.

SEC. 339. This act shall not affect any criminal action pending, at the time of the taking effect of the same, but such action shall be made to conform, as near as may be, to the provisions herein contained; otherwise such actions shall be carried on to their final termination, under the laws that were in force at the time of the commencement of the same.

SEC. 340. This act shall take effect and be in force, from and after its approval by the governor.

SEC. 341. An act entitled "an act to regulate the proceedings in criminal cases, in the courts of justice, in the Territory of Idaho," approved February first, 1864, and all other laws and parts of laws in conflict with this act, be, and the same are hereby repealed.