Page:1862-63 Territory of Dakota Session Laws.pdf/107

98 have committed a felony, and is justified in making the arrest, though it afterwards appear that a felony has not been committed.

Sec. 14. When arresting & person without a warrant, the officer must inform him of his authority, and the cause of the arrest, except when he is in the actual commission of a public offense, or is pursued immediately after an escape.

Sec. 15. He may take before a magistrate, a person who being engaged in a breach of the peace, is arrested by a bystander, and delivered to him.

Sec. 16. When a public offense is committed in the presence of a magistrate, he may by a verbal or written order, command any person to arrest the offender, and may thereupon proceed as if the offender had been before him on a warrant of arrest.

Sec. 17. A private person may arrest another:

1. For a public offense committed or attempted in his presence.

2. When the person arrested bas committed a felony, although not in his presence.

3. When a felony has in fact been committed, and he has reasonable cause for believing the person arrested to have committed it.

Sec. 18. He must, before making the arrest, inform the person to be arrested, of the cause thereof, and require him to submit, except when he is in the actual commission of the offense, or when he is arrested on pursuit immediately after its commission.

Sec. 19. If the person to be arrested had committed a felony, and a private person, after notice of his intention to make the arrest, be refused admittance, he may break open an outer or inner door or window of a dwelling house, for the purpose of making the same.

Sec. 20. A private person who has arrested another for the commission of a public offense, must, without unnecessary delay, take him before a magistrate, or deliver him to a peace officer.

Sec. 21. If a person arrested, escape or be rescued, the person from whose custody he escaped or was rescued, may imme-