PROCEEDINGS IN EXAMINATION.

Need of Examination.--Over crimes punishable by fine greater than $100 or
imprisonment for more than three months, a justice of the peace usually
has no jurisdiction of trial. The action must be tried in the district
court, on the indictment of a grand jury. But in the meantime the
perpetrator of a crime might escape. To prevent this, the accused may be
arrested and examined by a justice of the peace, to ascertain whether or
not there are sufficient grounds for holding him for trial.

Proceedings.--The preliminary proceedings are precisely like those in case
of a trial. Upon complaint duly made a warrant is issued, and the accused
is arrested and brought before the justice. In the presence of the
accused, the magistrate examines the complainant and witnesses in support
of the prosecution, upon oath, "in relation to any matter connected with
such charge which may be deemed pertinent."

Rights of Accused.--The accused has a right to have witnesses in his
behalf, and to have the aid of counsel, who may cross-examine the
witnesses for the prosecution.

The Result.--If it appears upon examination that the accused is innocent
of the crime, he is discharged. If his guilt seems probable, he is held to
await the action of the grand jury. In the case of some offenses bail may
be accepted. But if no suitable bail is offered, or if the offense is not
bailable, the accused is committed to jail. Material witnesses for the
prosecution may be required to give bonds for their appearance at the
trial, or in default thereof may be committed to jail.

Reports.--The justice makes a report of the proceedings in the
examination, and files it with the clerk of the court before which the
accused is bound to appear for trial.

PROCEEDINGS FOR PREVENTING CRIME.

Prefatory.--But it is better to prevent crime than to punish it. Indeed,
one reason for punishing wrongdoers is that the fear of punishment may
deter people from committing crime.

Proceedings.--As a conservator of the public peace, then, a justice may
require persons to give bonds for good behavior. The preliminary
proceedings are similar to those in the case of a trial--the complaint,
warrant and return. But the complainant simply alleges upon oath, that a
crime against his person or property has been threatened. The examination
is conducted as in case of a criminal offense.

Result.--If upon examination there appears reason to fear that the crime