1. To prevent a crime against his person; 2. To prevent an illegal attempt, by force, to take or injure property in his possession. Resistance to commission of crime. - Self-defense in cases of homicide: See §§ 1731-1734 [521-524], and notes. The rule as to the resistance which a man may use in the commission of a crime is thus stated: "A man may repel force by force, in defense of his person, habitation, or property, against one who manifestly intends or endeavors, by violence or surprise, to commit a known felony, such as murder, rape, robbery, arson, burglary, and the like, upon either. In these cases he is not obliged to retreat, but may pursue his adversary until he has secured himself from all danger; and if he kill him in so doing, it is called justifiable self-defense": East P. C. 272. The fear that a man intends to commit a crime, however well grounded, unaccompanied by some overt act indicative of such intention, will not justify a killing of the party by way of prevention: Id.; Stoneman v. Commonwealth, 25 Gratt. 887, and cases there cited. The right to defend one's person results from necessity: People v. Pool, 27 Cal. 572. A person may lawfully oppose another who is committing a felony, even to the taking of his life; and although his justification rests upon the right of self-defense, it also depends upon the authority with which the law invests every man to resist the commission of a felony: 1 Bishop's Crim. L., sec. 849; Aaron v. State, 31 Ga. 167; Staten v. State, 30 Miss. 619. In the latter case it was held that a person may justifiably slay another if he has reasonable ground to apprehend a design on the part of latter to commit a felony on or do some great personal injury to his wife, and there shall be imminent danger of such design being accomplished. Although a man may use as much force as is necessary for the protection of his person or property, still he is not entitled, except in extreme cases, to endanger human life or commit great bodily harm. A person cannot kill another justifiably, unless necessary to save life or limb, or prevent the commission of a great crime. So if a person kill another to prevent the commission of a trespass, he is guilty of murder: 1 Wharton's Crim. L., 8th ed., sec. 484. He is not justified in using extreme measures when the resort to moderate force would furnish the required protection or prevent the commission of a public offense. This right to use such resistance as may be necessary to prevent the commission of a crime is not confined to the prevention of offenses against his own person, but extends to his family, or of some member thereof, and also to the protection of property lawfully in his possession against any illegal attempt to take or injure it: I Bishop's Crim. L., sec. 877; Staten v. State, 30 Miss. 619; Stoneman v. Commonwealth, 25 Gratt. 887; Bristow v. Commonwealth, 15 Id. 634; Patten v. People, 18 Mich. 314. Oct. 19, 1864, $ 412. Resistance to the commission of crime. $413. § 1620. [413.] Crimes may be prevented by the inter- Oct. 19, 1864, vention of the officers of justice, Officers of justice may interfere to 1. By requiring security to keep the peace; 2. By forming a police in cities, towns, and villages, prevent crime, and by requiring their attendance at exposed places; 3. By suppressing riots. and how. § 414. § 1621. [414.] When the officers of justice act in the Oct. 19, 1864, prevention of crime, other persons who by their command act in their aid are justified in so doing. Persons acting in aid of officers justified. § 1622. [415.] An information may be laid before Id., § 415. Oct. 19, 1864, $415. Information any of the magistrates mentioned in section 1548 [342] that a person has threatened to commit a crime against of threatened the person or property of another. crime, before whom laid. Oct. 19, 1864, 416. Examination § 1623. [416.] When the complaint is made to a magistrate, he must examine the complainant on oath, and reduce his statement to writing, and cause the same and witnesses. to be subscribed by him, and also take the depositions of any witnesses that the complainant may produce in support thereof. of complainant Oct. 19, 1864, $117. Warrant of arrest, when issued. Oct. 19, 1864, 418. Warrant of arrest, to whom directed, etc. § 1624. [417.] Thereupon, if it appear to the magistrate that there is good reason to fear the commission of the crime threatened by the person complained of, he must issue a warrant for the arrest of such person. § 1625. [418.] The warrant must be directed and executed as a warrant of arrest, and may be substantially in the same form, except that, instead of reciting the commission of a crime, it must recite the substance of the threat to commit one, according to the information. § 1626. [419.] A justice of the supreme court has authority to issue the warrant for a threat made in any issue warrant. county in his judicial district, and any other magistrate has the like authority for a threat made within his county. Oct. 19, 1864, Magistrate to Oct. 19, 1864, $ 420. Proceedings on § 1627. [420.] When the person complained of is brought before a magistrate, if the charge be controcomplaint be- verted, he must take the testimony in relation thereto; and the evidence must be reduced to writing and subscribed by the witness. ing controverted. Oct. 19, 1864, $421. Adjournment of examination. Oct. 19, 1864, $ 422. § 1628. [421.] The magistrate may adjourn the examination, and commit the person complained of, or take bail or a deposit of money in lieu thereof, as provided in sections 1588 [382], 1589 [383], and 1590 [384]. § 1629. [422.] The magistrate must issue subpœnas for witnesses for the complainant or person complained when issued. of if such witnesses be within the county or twenty miles from the place where the magistrate is sitting. Subpoena, Oct. 19, 1864, 423. § 1630. [423.] The person complained of is entitled, if he choose, to make a statement concerning the charge $ 423. Persons complained of, en Id., § 424. Person com against him, as provided in sections 1596 [389], 1597 Oct. 19, 1864, [390], and 1598 [391]. § 1631. [424.] If from the examination it appear fitled to make that there is no good reason to fear the commission of statement. the crime alleged to have been threatened, the person complained of must be discharged; the order for the dis- plained of, charge must be indorsed upon the warrant, and signed discharged. by the magistrate with his name of office, and may be to the following effect: "There being no good reason shown to fear the commission of the crime within mentioned by the within-named A B, I order him to be discharged." when to be keep the peace. § 1632. [425.] If, however, there be good reason to Id., § 425. fear the commission of the crime, the person complained Security to of must be required to enter into an undertaking in such sum, not exceeding two thousand dollars, as the magistrate may direct, with one or more sufficient sureties, to abide the order of the next circuit court of the county, and in the mean time to keep the peace towards the people of this state, and particularly towards the complain ant. § 1633. [426.] The sureties in the undertaking must Id., § 426. have the qualifications of bail, and justify thereto as qualification provided in sections 1472 [269] and 1473 [270]. of sureties. if security § 1634. [427.] If the undertaking required by section Ia., § 427. 1632 [425] be given, the party complained of must be Person complained of to discharged; but if he do not give it, the magistrate must be committed commit him to the jail of the county, specifying in not given. the commitment the requirement to give security, the amount thereof, and the omission to give the same. § 1635. [428.] The commitment may be in substan- Ia., § 428. tially the following form: "IN THE NAME OF THE STATE OF Oregon. "To the sheriff of the county of -, greeting: dollars, as "An order having been this day made by me, that A B give an undertaking in the sum of security to keep the peace and abide the order of the next circuit court for the county aforesaid, and the said A B having failed to give such undertaking, you are Form of commitment. Oct. 19, 1864, $428. Form of commitment. Oct. 19, 1864, $429. When commitment delivered to peace officer. Oct. 19, 1864, $430. Breach of peace committed in presence of court or magistrate. Oct. 19, 1864, § 431. Person com giving secur ity, how discharged. therefore commanded to receive him into your custody, and detain him until legally discharged. "Dated at, this day of 18-. "C D, Justice of the Peace" (or as the case may be). § 1636. [429.] If the sheriff to whom the commitment is directed be not present, the magistrate must deliver the commitment, together with the person complained of, to a peace officer, first making an indorsement on the commitment similar to the one specified in section 1611 [404]; and such peace officer must then deliver the commitment and person complained of according to the requirement of such indorsement. § 1637. [430.] A person who, in the presence of a court or magistrate, assaults or threatens to assault another, or to commit an offense against his property, or who contends with another with angry words, to the disturbance of the peace, may be ordered by the court or magistrate, without warrant or other proof, to give security as provided in section 1632 [425], or if he omit to do so, may be committed as provided in section 1634 [427]. § 1638. [431.] A person committed for not giving an undertaking to keep the peace may, at any time theremitted for not after, upon giving the required undertaking, be discharged from custody by the order of any magistrate before whom the information might have been laid. § 1639. [432.] An undertaking to keep the peace must be transmitted by the first day of the term to the or statement of next circuit court for the county, by the magistrate to whom it is given; but if the person be committed for want of an undertaking, the magistrate must, in like manner, transmit a statement of the commitment. Oct. 19, 1864, 432. Undertaking commitment, to be trans mitted to circuit court. Oct. 19, 1864, 433. § 1640. [433.] With the undertaking or statement mentioned in the last section, the magistrate must also Evidence to be transmit the evidence taken by him for and against the transmitted with under taking. Oct. 19, 1864, $ 434. 'charge. § 1641. [434.] A person who has entered into an undertaking to keep the peace must appear on the first $ 434. Undertaking, day of the next term of the circuit court for the county, Oct. 19, 1864, and abide the order thereof; and if he do not, the court must direct the fact to be entered in its journal, and the when undertaking is thereupon forfeited. The undertaking is also forfeited upon the person complained of being convicted of a breach of the peace. forfeited. 435. § 1642. [435.] Sections 1492 [289] to 1496 [293] in- Oct. 19, 1864, clusive, shall apply to and govern the excusing of a forfeiture of the undertaking, the remission of the forfeit- case undertakure, and the prosecution of the undertaking. Proceedings in ing forfeited. 16 Or. 222. $436. § 1643. [436.] If the complainant do not appear at Oct. 19, 1564, the circuit court, the person complained of may be discharged, unless good cause to the contrary be shown. If complainant do not appear. $ 437. Proceedings in § 1644. [437.] If both parties appear, the court must Oct. 19, 1864, hear the proofs and allegations transmitted by the magistrate, and such other evidence as the parties may pro- circuit court. duce, and may either discharge the undertaking or require a new one, for a time not exceeding one year; but no person can be compelled to attend as a witness before the court who has been examined before the magistrate. $438. Rights of sure § 1645. [438.] The sureties in an undertaking to Oct. 19, 1864, keep the peace are entitled to the rights and authority of bail, as provided in chapter XXV. of this code, and may ties in underbe exonerated from their undertaking in the manner the peace. therein prescribed. taking to keep $439. When court may require defendant to give security. § 1646. [439.] The court before whom any person is Oct. 19, 1864, convicted of a crime, which by the judgment of such court is punished otherwise than by death or imprisonment in the penitentiary, may require such person to enter into an undertaking as provided in section 1632 [425], for a period not exceeding two years, and in default thereof may commit him until the undertaking be given or the period expired. 440. § 1647. [440.] An undertaking to keep the peace Oct. 19, 1864, shall be taken and deemed to be an undertaking to be of good behavior also, and cannot be required except as keep the peace. provided in this chapter. Undertaking to |