Sect. 5. If any person who is indicted for an offence shall, on his trial, be acquitted upon the ground of a variance between the indictment and the proof or upon any exception to the form or the substance of an indictment, he may be arraigned again on a new indictment, and may be tried and convicted for the same offence, notwithstanding such former acquittal.
Sect. 6. No person who is charged with any offence against the law, shall be punished for such offence, unless he shall have been duly and legally convicted thereof, in a court having competent jurisdiction of the cause and of the person.
Sect. 7. This act shall take effect and be in force from and after its passage, and approval by the governor.
- Approved April 30, 1862.
SALVAGE.
CHAPTER 80.
AN ACT RELATIVE TO SALVAGE.
Be it enacted by the Legislative Assembly of the Territory of Dakota:
Section 1. When any boat, canoe, or other vessel or raft shall be lost, wrecked, or found adrift and in a perishable condition, on or in any river in this territory, any person may take up and secure the same, at or near the place where found, and may retain the same against the rightful owner or owners thereof, until salvage be paid; or may have and maintain a civil action against such owner or owners for the amount of salvage due, under the provisions of this chapter.
Sect. 2. Whenever any boat, canoe, or other vessel or raft, shall be taken up and secured, if the same shall exceed the
