Page:1887 Compiled Laws of Dakota Territory.pdf/1184

§§ 1163-7173 immediately inform him of the charge against him, and of his right to the aid of counsel in every stage of the proceedings, and also of his right to waive an examination before any further proceedings are had.

§ 7163. He must also allow the defendant a reasonable time to send for counsel, and adjourn the examination for that purpose; and must, upon the request of the defendant, require a peace officer to take a message to such counsel in the county or city as the defendant may name. The officer must, without delay, perform that duty, and shall receive fees therefor as upon service of a subpoena.

§ 7164. The magistrate must, immediately after the appearance of counsel, or if none appear and the defendant require the aid of counsel, after waiting a reasonable time therefor, proceed to examine the case.

§ 7165. The examination must be completed at one session unless the magistrate for good cause adjourn it. The adjournment cannot be for more than two days at each time, nor more than six days in all, unless by consent or on motion of the defendant.

§ 7166. If an adjournment be had for any cause, the magistrate must commit the defendant for examination, or discharge him from custody upon sufficient bail, or upon the deposit of money as provided in this code, as security for his appearance at the time to which the examination is adjourned.

§ 7167. The commitment for examination is by an indorsement signed by the magistrate, on the warrant of arrest, to the following effect:

The within named AB, having been brought before me under this warrant, and having failed to give bail for his appearance, is committed to the sheriff of the county of.............. the......day of......, 18..... at........o'clock, at which time you will have his body before me at my office.

§ 7168. At the examination the magistrate must, in the first place, read to the defendant the information on file before him. He must also, after the commencement of the prosecution, issue subpoenas for any witnesses required by the prosecutor or the defendant.

§ 7169. The witnesses must be examined in the presence of the defendant, and may be cross examined in his behalf. And on demand of the defendant all the testimony in the case must be reduced to writing in the form of depositions.

§ 7170. When the examination of the witnesses on the part of the territory is closed, any witnesses the defendant may produce must be sworn and examined.

§ 7171. The magistrate or his clerk must keep the depositions taken on the examination, if any have been taken, and the statement of the defendant, if any, until they are returned to the proper court, and must not permit them to be inspected by any person except a judge of a court having jurisdiction of the offense, the district attorney of the county, and the defendant and his counsel.

§ 7172. A violation of the provisions of the last section is punishable as a misdemeanor.

§ 7173. After hearing the proofs and the statement of the defendant, if he have made one, if it appear either that a public offense has not been committed, or that there is no sufficient cause to believe the defendant guilty thereof, the magistrate