Page:1887 Compiled Laws of Dakota Territory.pdf/1191

Presentation of Indictment. of which he may have been guilty in making an accusation or giving testimony to his fellow jurors.

§ 7226. A presentment cannot be found without the concurrence of at least twelve grand jurors. When so found it must be signed by the foreman.

§ 7227. The presentment when found must be presented by the foreman, in presence of the grand jury, to the court, and must be filed with the clerk.

§ 7228. If the facts stated in the presentment constitute a public offense, triable in the county or subdivision, the court may issue, must direct the clerk to issue a bench warrant for the arrest of the defendant.

§ 7229. The clerk, on the application of the judge or district attorney, may, accordingly, at any time after the order, whether the court be sitting or not, issue a bench warrant, under his signature and the seal of the court, into one or more counties, or into any part of the territory.

§ 7230. The bench warrant, upon presentment, must be substantially in the following form:

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

The territory of Dakota

To any sheriff, constable, marshal or policeman in this territory:

A presentment having been made on the..............day ..................,18......, to the district court of the county of........ (or subdivision........), charging C D with the crime of........... (designating it generally), you are therefore commanded forth with to arrest the above named CD, and take him before E F, a magistrate of the county of......... or in case of his absence or inability to rct, before the nearest and most accessible magistrate in...........county,

Given under my hand, with the seal of said court affixed, this...day of........A.D. 18....

By order of the court.

[SEAL.]

A F, Clerk.

§ 7231. The bench warrant may be served in any county or part of the territory, and the officer serving it must proceed thereon as upon a warrant of arrest on an information, except that when served in another county or part of the territory it need not be indorsed by a magistrate of that county or part of the territory.

§ 7232. The magistrate, when the defendant is brought before him, must proceed upon the charges contained in the presentment, in the same manner as upon a warrant of arrest on an information.