Page:1887 Compiled Laws of Dakota Territory.pdf/1180

§§ 7121-7130

§ 7121. A warrant of arrest is an order in writing, in the name of the territory, signed by a magistrate, commanding the arrest of the defendant, and may be substantially in the following form:

County of............

The territory of Dakota. To any sheriff, constable, marshal or policeman in this territory (or in the county of........ 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 forth with 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 .........., this......day of 18..

E F, Justice of the Peace (or as the case may be).

§ 7122. 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 offense in respect to which the magistrate has authority to issue 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.

§ 7123. The warrant must be directed to and executed by a peace officer.

§ 7124. A peace officer is a sheriff of a county or subdivision, or constable, marshal or policeman of a city, town or village or township.

§ 7125. 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.

§ 7126. 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, indorsed 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.......(as the case may be).

§ 7127. The indorsement mentioned in the last section cannot, however, be made unless upon the oath of a creditable witness, in writing, indorsed on or annexed to the warrant, proving the handwriting of the magistrate by whom it was issued. Upon this proof the magistrate indorsing the warrant is exempted from liability to a civil or criminal action, though it afterward appear that the warrant was illegally or improperly issued.

§ 7128. 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 7132.

§ 7129. 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.

§ 7130. 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, with-