All recognizances, bonds, obligations, or other undertakings heretofore
taken, or which may be taken before the organization of the judicial department
under this Constitution, shall remain valid, and shall pass over to and may be
prosecuted in the name of the state; and all bonds, obligations, or other
undertakings executed by this territory, or to any other officer in his official
capacity, shall pass over to the proper state authority, and to their successors in
office for the uses therein respectively expressed, and may be sued for and
recovered accordingly. All criminal prosecutions and penal actions which have
arisen or which may arise before the organization of the judicial department under
this Constitution, and which shall then be pending, may be prosecuted to judgment
and execution in the name of the state.