Page:1862-63 Territory of Dakota Session Laws.pdf/134

Rh the defendant had been brought before him upon a warrant of arrest.

Sec. 11. On taking bail, the magistrate must certify that fact on the warrant, and deliver the warrant and undertaking of bail to the officer having charge of the defendant; the officer must then discharge the defendant from arrest, and must without delay deliver the warrant and undertaking to the clerk of the court, at which the defendant is required to appear.

Sec. 12. When the indictment is for a felony, and the defendant before the finding thereof has given bail for his appearance to answer the charge, the court to which the indictment is presented, or sent, or removed for trial, may order the defendant to be committed to actual custody, either without bail, or unless he give bail in the increased amount to be specified in the order:

Sec. 13. If the defendant be present when tho order is made, he must be forthwith committed accordingly, if he be not present a bench warrant must be issued and proceeded upon in the manner provided in this chapter.

Sec. 14. If the defendant appear for arraignment without counsel, he must be informed by the court that it is his right to have counsel before being arraigned, and must be asked if he desire the aid of counsel.

Sec. 15. The arraignment must be made by the court, or by the clerk or district attorney, under its direction, and consists in reading the indictment to the defendant, and delivering to him a copy thereof, and of the indorsements thereon, including the list of witnesses indorsed on it or appended thereto, as provided in section sixty-three, and asking him whether he pleads guilty or not guilty to the indictment.

Sec. 16. When the defendant is arraigned, he must be informed that if the name by which he is indicted be not his true name, he must then declare his true name, or be proceeded against by the name in the indictment.

Sec. 17. If he give no other name, the court may proceed accordingly.

Sec. 18. If he allege that another name is his true name, the court must direct an entry thereof in the minutes of the