Page:1862-63 Territory of Dakota Session Laws.pdf/109

100 party charged, in any county in this territory, and for that purpose may command aid and exercise the same authority as in his own county.

Sec. 4. In all cases where the offense charged in the warrant is not punishable by death or imprisonment in the territorial prison, if the person arrested request that he may be brought before & magistrate of the county in which the arrest was made, for the purpose of entering into a recognizance without a trial or examination, the officer making the arrest shall carry him before a magistrate of that county, who may take from the person arrested a recognizance, with sufficient sureties, for his appearance at the court having cognizance of the offense, and next holden in the county where it shall be alleged to hare been committed ; and the party arrested shall thereupon be liberated.

Sec. 5. The magistrate who shall so let the person arrested to bail, shall certify that fact upon the warrant, and shall deliver the same, with the recognizances by him taken, to the person who made the arrest, who shall cause the same to be delivered without unnecessary delay to the clerk of the court before which the accused was recognized to appear; and on application of the complainant, the magistrate who issued the warrant, or the district attorney, shall cause such witnesses to be summoned to the same court as he shall think necessary.

Sec. 6. If the magistrate in the county where the arrest was made shall refuse to bail the person so arrested and brought before him, or if no sufficient bail shall be offered, the person having him in charge shall take him before the magistrate who issued the warrant, or in his absence, before some other magistrate of the county in which the warrant was issued, to be proceeded with as hereinafter directed.

Sec. 7. When the offense charged in any warrant is punishable with death, or by imprisonment in the territorial prison, the officer making the arrest in some other county shall convey the prisoner to the county where the warrant issued, and he shall be proceeded with in the manner directed in the following section.

Sec. 8. Every person arrested by warrant, for any offense there no other provision is made for his examination thereon,