Page:1874-75 Territory of Dakota Session Laws.pdf/113

Rh to a magistrate that a person has been guilty of some designated public offense.

. 93. A magistrate is an officer having power to issue a warrant for the arrest of a person charged with a public offense.

. 94. The following persons are magistrates:

1. The judges of the supreme court;

2. The district judges;

3. Justices of the peace;

4. Police and other special justices, appointed or elected in a city, village or town.

. 95. When an information verified by oath or affirmation is laid before a magistrate of the commission of a public offense, he must, if satisfied therefrom that the offense complained of has been committed, and that there is reasonable ground to believe that the defendant has committed it, issue a warrant of arrest.

. 96. A warrant of arrest is an order in writing in the name of the people, signed by a magistrate, commanding the arrest of the defendant, and may be substantially in the following form:

“County of [blank],

“The people of the territory of Dakota. To any sheriff, constable, marshal or policeman in this territory [or in the county of [blank] or as the case may be.]

“Information upon oath having been this day laid before me, that the crime of [designating it] has been committed, and accusing C. D. thereof,

“You are therefore commanded forthwith to arrest the above named C. D., and bring him before me, at [naming the place,] or in case of my absence or inability to act, before the nearest or most accessible magistrate in this county.

"Dated at [blank], this [blank] day of [blank], 18[blank]."

E. F., Justice of the peace (or as the case may be.]

. 97. The warrant must specify the name of the defendant, or if it be unknown to the magistrate, the defendant may be designated therein by any name. It must also state an