Page:1862-63 Territory of Dakota Session Laws.pdf/122

Rh Sec. 56. The bench warrant upon a presentment, must be substantially in the following form:

Territory of Dakota,

County of [blank],

To any sheriff or constable in the said territory greeting:

A presentment having been made on the [blank] day of [blank], A. D. 18[blank], to the district court for the county of [blank], in the territory, aforesaid, charging C. D. with the crime of (here designate the charge generally.) Therefore in the name of the United States, you are commanded forth with to arrest the above named C. D., and take him before E. F., a magistrate of this county, or in case of his absence or inability to act, before the nearest or most accessible magistrate in this county, there to be dealt with according to law.

Dated at [blank], the [blank] day of [blank], A. D. 18[blank].

By order of the court.

C. H., Clerk.

Sec. 57. The bench warrant may be served in any county in the territory, and the officer, serving it must proceed thereon in all respects, as upon a warrant of arrest on an information or complaint; and when served in another county, the warrant need not be indorsed by a magistrate of that county.

Sec. 58. The magistrate, when the defendant is brought before him, must proceed upon the charge contained in the presentment, in the same manner in all respects, as upon a warrant of arrest on an information or complaint.

Sec. 59. Upon the arrest of the defendant, the clerk with whom the presentment and depositions are filed, must, without delay, furnish to the magistrate before whom the defendant is taken, a certified copy of the presentment and depositions.

Sec. 60. An indictment cannot be found without the concurrence of at least twelve grand jurors. When so found, it must be indorsed “a true bill," and the indorsement must be signed by the foreman of the grand jury.

Sec. 61. If twelve grand jurors do not concur in finding an indictment or presentment, the charge must be dismissed.

Sec. 62. The disinissal of the charge does not, however, pre-