Page:1862-63 Territory of Dakota Session Laws.pdf/133

124 Sec. 5. The clerk on the application of the district attorney, may accordingly, at any time after the order, whether the court be sitting or not, issue a bench warrant, into one or more counties.

Sec. 6. The bench warrant, upon the indictment must if the offense be a felony, be substantially in the following form:

The district court for the county of [blank] and territory of Dakota: in the name of the United States, to any sheriff, (or other proper officer), in the territory of Dakota. An indictment having been found on the [blank] day of [blank], A. D. 18[blank], in the district court for the county of [blank], charging C. D. with the crime of (designating it generally), you are therefore commanded forth with to arrest the above named C. D., and bring him before this court, (or if the venue has been changed take him before that court, as the case may be), to answer the indictment, or if the court have adjourned for the term, that you deliver him into the custody of the jailor of the county (or city), of [blank], the [blank] day of [blank], A. D.

By order of the court. E. F. Clerk.

Sec 7. If the offense be a misdemeanor, the bench warrant must be in a similar form, adding to the body thereof, a direction to the following effect," or if he require it, that you take him before any magistrate in that county, or in the county in which you arrest him, that he may give bail to answer the indictment.

Sec. 8. If the offense charged be bailable, the court upon directing the bench warrant to issue, must fix the amount of bail, and an indorsement must be made upon the bench warrant, and signed by the clerk, to the following effect, “the defendant is to be admitted to bail in the sum of dollars."

Sec. 9. The bench warrant may be served in any county in the same manner as a warrant of arrest, except when served in another county, it need not be indorsed by a magistrate of that county.

Sec. 10. If the defendant be brought before a magistrate of another county, for the purpose of giving bail, the magistrate must proceed in respect thereto in the same manner as if