Page:1874-75 Territory of Dakota Session Laws.pdf/116

96 indorsed thereon, and the magistrate must then proceed in the same manner as upon a warrant issued by himself.

. 112. If the offense charged in the warrant issued pursuant to section 110, is a misdemeanor, the officer must, upon being required by the defendant, take him before a magistrate of the county in which the warrant was issued, who must admit the defendant to bail, and immediately transmit the warrant, information, depositions, if any, and undertaking, to the clerk of the court in which the defendant is required to appear.

. 113. Arrest is the taking of a person into custody that he may be held to answer for a public offense.

. 114. An arrest may be either;

1. By a peace officer under a warrant;

2. By a peace officer without a warrant; or

3. By a private person.

. 115. Every person must aid an officer in the execution of a warrant, if the officer require his aid.

. 116. If the offense charged is a felony, the arrest may be made on any day, and at any time of the day or night. If it is a misdemeanor, the arrest cannot be made at night, unless upon the direction of the magistrate indorsed upon the warrant.

. 117. An arrest is made by an actual restraint of the person of the defendant, or by his submission to the custody of the officer.

. 118. The defendant is not to be subjected to any more restraint than is necessary for his arrest and detention.

. 119. The officer must inform the defendant that he acts under the authority of the warrant, and must also show the warrant if required.

. 120. If, after notice of intention to arrest the defendant, he either flee or forcibly resist, the officer may use all necessary means to affect the arrest.

. 121. The officer may break open an outer or inner door or window of a dwelling house, to execute the warrant, if after notice of his authority and purpose, he be refused admittance.