Page:1874-75 Territory of Dakota Session Laws.pdf/114

94 offense in respect to which the magistrate has authority to is- sue the warrant and the time of issuing it, and the county, city, town or village where it is issued, and be signed by the magistrate with his name of office.

. 98. The warrant must be directed to and executed by a peace officer.

. 99. A peace officer is a sheriff of a county or subdivision, or a constable, marshal, or policeman of a city, town or village, or township.

. 100. If the warrant be issued by a judge of the supreme court, or a district judge, it may be directed generally to any sheriff, constable, marshal or policeman in the territory, and may be executed by any of those officers to whom it may be delivered.

. 101. If it be issued by any other magistrate, it may be directed generally to any sheriff, constable, marshal or policeman in the county in which it is issued, and may be executed in that county, or if the defendant be in another county it may be executed therein, upon the written direction of a magistrate of that county, endorsed upon the warrant, signed by him with his name of office, and dated at the county, city, town or village where it is made, to the following effect:

“This warrant may be executed in the county of [blank] [as the case may be.]

. 102. The endorsement mentioned in the last section cannot, however, be made unless upon the oath of a creditable witness, in writing, endorsed on or annexed to the warrant, proving the hand writing of the magistrate by whom it was issued. Upon this proof the magistrate endorsing the warrant is exempted from liability to a civil or criminal action though it afterwards appear that the warrant was illegally or improperly issued.

. 103. If the offense charged in the warrant be a felony the officer making the arrest must take the defendant before the magistrate who issued the warrant, or some other magistrate in the same county as provided in section 107.

. 104. If the offense charged in the warrant be a misdemeanor and the defendant be arrested in another county, the officer must upon being required by the defendant, take him before a magistrate in that county, who must admit the defendant to bail and take bail from him accordingly.