Title 19, CRIMINAL PROCEDURE

19-203. Resistance by other parties. Any other person, in aid or defense of the person about to be injured, may make resistance sufficient to prevent the offense.

19-204. Prevention of offenses by officers of justice. Public offenses may be prevented by the intervention of the officers of justice: 1. By requiring security to keep the peace. 2. By forming a police in cities and towns, and by requiring their attendance in exposed places. 3. …

19-205. Prevention by persons assisting officers. When the officers of justice are authorized to act in the prevention of public offenses, other persons who, by their command, act in their aid, are justified in so doing.

19-206. Security to keep peace — Information of threatened offense. An information may be laid before any magistrate that a person has threatened to commit an offense against the person or property of another.

19-207. Examination of complainant. When the information is laid before such magistrate he must examine on oath the informer, and any witness he may produce, and must take their depositions in writing and cause them to be subscribed by the parties making them.

19-208. Warrant of arrest. If it appears from the depositions that there is just reason to fear the commission of the offense threatened by the person so informed against, the magistrate must issue a warrant, directed generally to the sheriff of the county or any constable, marsh…

19-209. Hearing of controverted charge. When the person informed against is brought before the magistrate, if the charge be controverted the magistrate must take testimony in relation thereto. The evidence must be reduced to writing and subscribed by the witnesses.

19-210. Discharge of accused. If it appears that there is no just reason to fear the commission of the offense alleged to have been threatened, the person complained of must be discharged.

19-211. Security to keep the peace. If, however, there is just reason to fear the commission of the offense, the person complained of may be required to enter into an undertaking in such sum, not exceeding $5,000, as the magistrate may direct, with one or more sufficient sureties…

19-212. Effect of giving or refusing security. If the undertaking required by the last section is given, the party informed of must be discharged. If he does not give it, the magistrate must commit him to prison, specifying in the warrant the requirement to give security, the amo…

19-213. Commitment for not giving security. If the person complained of is committed for not giving the undertaking required, he may be discharged by any magistrate upon giving the same.

19-214. Security filed in clerk’s office. The undertaking must be filed by the magistrate in the office of the clerk of the district court.

19-215. Security for threats to assault. A person who, in the presence of a court magistrate, assaults or threatens to assault another, or to commit an offense against his person or property, may be ordered by the court or magistrate to give security, as in this chapter provided,…

19-216. Breach of security. Upon the conviction of the person informed against, of a breach of the peace, the undertaking is broken.

19-217. Action on undertaking. Upon the prosecuting attorney’s producing evidence of such conviction to the district court of the county, the court must order the undertaking to be prosecuted, and the prosecuting attorney must thereupon commence an action upon it in the name of t…

19-218. Evidence of breach. In the action the offense stated in the record of conviction must be alleged as a breach of the undertaking, and such record is conclusive evidence of the breach.

19-219. Provisions of chapter exclusive. Security to keep the peace, or to be of good behavior, cannot be required except as prescribed in this chapter.

19-220. Public peace — How preserved. The mayor or other officer having the direction of the police of a city or town, must order a force sufficient to preserve the peace to attend any public meeting, when he is satisfied that a breach of the peace is reasonably apprehended.

19-221. Suppression of riots — Officers may command assistance. When a sheriff or other public officer, authorized to execute process, finds, or has reason to apprehend, that resistance will be made to the execution of the process, he may command as many bona fide male citizens, …

19-222. Certificate of person resisting process. The officer must certify to the court from which the process is issued, the names of the persons resisting and their aiders and abettors, to the end that they may be proceeded against for their contempt of court.

19-223. Governor may call out militia. If it appears to the governor that the civil power of any county is not sufficient to enable the sheriff to execute process delivered to him, he must, upon the application of the sheriff of the county, order such portion as shall be sufficie…

19-224. Commanding rioters to disperse. Where any number of persons, whether armed or not, are unlawfully or riotously assembled, the sheriff of the county and his deputies or the officials governing the town or city shall go among the persons assembled, or as near to them as pos…

19-225. Arrest of rioters. If the persons assembled do not immediately disperse, such magistrates and officers must arrest them, and to that end may command the aid of all persons present or within the county.

19-226. Command of armed force. When an armed force is called out for the purpose of suppressing an unlawful or riotous assembly, or arresting the offenders, and is placed under the temporary direction of any civil officer, it must obey the orders in relation thereto of such civi…

19-227. Proclamation of insurrection. When the governor is 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…

19-228. Disobedience of proclamation. Any person who, after the publication of such proclamation, resists or aids in resisting the execution of process in any county so declared to be in a state of insurrection, or who aids or attempts the rescue or escape of any person from lawf…

19-229. Revocation of proclamation. The governor may, when he thinks proper, revoke the proclamation authorized by the last section, or declare that it shall cease at the time and in the manner directed by him.