Page:1862-63 Territory of Dakota Session Laws.pdf/110

Rh shall be brought before the magistrate who issued the warrant, or if he be absent or unable to attend, before some other magistrate of the same county, and the warrant with the proper return thereon, signed by the person who made the arrest, shall be delivered to the magistrate.

Sec. 9. Any magistrate may adjourn an examination or trial pending before himself from time to time as occasion shall require, not exceeding ten days at one time, without the consent of the defendant or person charged, and at the same or a different place in the county as he shall think proper, and in such case, if the party is charged with a capital offense, he shall be committed in the mean time; otherwise he may be recognized in a sum, and with sureties, to the satisfaction of the magistrates, for his appearance for such further examination, and for want of such recognizance, he shall be committed to prison.

Sec. 10. If the person so recognized shall not appear before the magistrate at the time appointed for such further examination, according to the condition of such recognizance, the magistrate shall record the default, and shall certify the recognizance, with the record of such default to the district court, and like proceedings shall be had thereon as upon the breach of the condition of a recognizance for appearance before that court.

Sec. 11. When such person shall fail to recognize, he shall be committed to prison by an order under the hand of the magistrate stating concisely that he is committed for further examination on a future day, to be named in the order; and on the day appointed he may be brought before the magistrate by his verbal order to the came officer by whom he was committed, or by an order in writing to a different person.

Sec. 12. The magistrate before whom any person is brought upon a charge of having committed an offense, shall, as soon as may be, examine the complainant and the witnesses to support the prosecution, on oath, in the presence of the party charged, in relation to any matter connected with such charge, which may be deemed pertinent.

Sec. 13. After the testimony to support the prosecution, the witnesses for the prisoner, if he have any, shall be sworn and