Page:1862-63 Territory of Dakota Session Laws.pdf/162

Rh Sec. 86. The court may, either of his own motion, or upon the application of the district attorney, and in furtherance of justice, order an action after indictment, to be dismissed; but in that case, the reasons of the dismissal must be set forth in the order, which must be entered upon the minutes.

Sec. 37. The entry of a nolle prosequi is abolished, and the district attorney cannot discontinue, or abandon & prosecution for a public offense, except as provided in the last section.

Sec. 38. An order for the dismissal of the action, as provided in this chapter, is a bar to another prosecution for the same offense, if it be a misdemeanor ; but it is not a bar, if the offense charged be a felony.

Sec. 39. When property alleged to have been stolen, or embezzled, comes into the custody of a peace officer, he must hold it subject to the order of the magistrate authorized by the next section to direct the disposal thereof.

Sec. 40. On satisfactory proof of the title of the owner of the property, the magistrate before whom the information is laid, or who examines the charge against the person accused of stealing, or embezzling the property, may order it to be delivered to the owner, on his paying the reasonable and necessary expenses incurred in its preservation, to be certified by the magistrate. The order entitles the owner to demand and receive the property.

Sec. 41. If property stolen, or embezzled, come into the custody of a magistrate, it must be delivered to the owner on satisfactory proof of his title, and on his paying the necessary expenses incurred in its preservation, to be certified by the magistrate.

Sec. 42. If property stolen, or embezzled, have not been delivered to the owner, the court before which trial is had for stealing, or embezzling it, may, on proof of his title, order it to be restored to the owner.

Sec. 43. When judgment upon a conviction is rendered, the clerk must enter the same upon the minutes, stating briefly the offense for which the conviction has been had, and must immediately annex together, and file the following papers, which constitute the judgment roll: