Page:1887 Compiled Laws of Dakota Territory.pdf/1181

Arrest, by Whom Made. out delay, deliver the warrant and undertaking to the clerk of the court at which the defendant is required to appear.

§ 7131. If, on the admission of the defendant to bail, as provided in section 7129, bail be not forth with 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.

§ 7132. 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 indorsed and subscribed by him.

§ 7133. The defendant must, in all cases, be taken before the magistrate without unnecessary delay.

§ 7134. 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.

§ 7135. 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 and 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.

§ 7136. 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 indorsed thereon, and the magistrate must then proceed in the same manner as upon a warrant issued by himself.

§ 7137. If the offense charged in the warrant issued, pursuant to section 7135, 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.

§ 7138. Arrest is the taking a person into custody, that he may be held to answer for a public offense.