Page:1874-75 Territory of Dakota Session Laws.pdf/115

Rh. 105. 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.

. 106. If on the admission of the defendant to bail as provided in section 104, bail be not forthwith given, the officer must take the defendant before the magistrate who issued the warrant or some other magistrate in the same county as provided in the next section.

. 107. When by the preceding sections of this chapter, the defendant is required to be taken before the magistrate who issued the warrant, he may, if the magistrate be absent or unable to act, be taken before the nearest or most accessible magistrate in the same county. The officer must at the same time deliver to the magistrate, the warrant, with the return endorsed and subscribed by him.

. 108. The defendant must in all cases be taken before the magistrate without unnecessary delay.

. 109. If the defendant be taken before a magistrate other than the one who issued the warrant, the information on which the warrant was granted must be sent to that magistrate, or if it cannot be procured the prosecutor and his witness must be summoned to give their testimony anew.

. 110. When an information is laid before a magistrate of the commission of a public offense triable in another county of the territory, but showing that the defendant is in the county where the information is laid, the same proceedings must be had as prescribed in this chapter, except that the warrant must require the defendant to be taken before the nearest or most accessible magistrate of the county in which the offense is triable, and the information of the informant with the depositions, if any, of the witnesses who may have been produced, must be delivered by the magistrate to the officer to whom the warrant is delivered.

. 111. The officer who executes the warrant must take the defendant before the nearest or most accessible magistrate of the county in which the offense is triable, with his return