Page:1887 Compiled Laws of Dakota Territory.pdf/1196

§§ 7269-7280 therefore commanded forth with to arrest the above named C D and bring him before that court (or before the court to which the indictment may have been removed, naming it) to answer suid indictment; or if the court have adjourned for the team, that you deliver him into the custody of the sheriff of the county of.................

Given under my hand. with the seal of said court affixed, this ..... day of ..... A D. 19...

By order of the court.

[SEAL.)

E.F.. Clerk

§ 7269. If the offense is a misdemeanor or a bailable felony, the bench warrant must be in a similar form, adding to the body thereof a direction to the following effect:

Or if he requires it that you take him before any magistrate in that county or in the county in which you arrest him, that he may give bail to answer the indictment

§ 7270. If the offense charged is bailable the court, upon directing the bench warrant to issue, must fix the amount of bail; and an indorsement must be made on the bench warrant and signed by the clerk, to the following effect:

The defendant is to be admitted to bail in the sum of....dollars

§ 7271. The defendant, when arrested under a warrant for an offense not bailable, must be held in custody by the sheriff of the county or subdivision in which the indictment is found.

§ 7272. The bench warrant may be served in any county in the same manner as a warrant of arrest, except that when served in another county it need not be indorsed by a magistrate of that county.

§ 7273. If the defendant is brought before a magistrate of another county for the purpose of giving bail, the magistrate must proceed in respect thereto, in the same manner as if the defendant had been brought before him upon a warrantof arrest, and the same proceedings may be had thereon.

§ 7274. When the indictment is for a felony, and the defendant, before the finding thereof, has given bail for his appearance to answer the charge, the court to which the indictment is presented, or sent or removed for trial, may order the defendant to be committed to actual custody, either without bail, or unless he give bail in an increased amount, to be specified in the order.

§ 7275. If the defendant is present when the order is made, he must be forth with committed accordingly. If he is not present, a bench warrant must be issued and proceeded upon in the manner provided in this chapter.

§ 7276. If the defendant appear for arraignment, without counsel, he must be informed by the court that it is his right to have counsel before being arraigned, and must be asked if he desire the aid of counsel. If he desires, and is unable to employ counsel, the court must assign counsel to defend him.

§ 7277. The arraignment must be made by the court, or by the clerk or district attorney, under its direction, and consists in reading the indictment to the defendant, and asking him whether he pleads guilty or not guilty to the indictment.

§ 7278 When the defendant is arraigned, he must be informed that if the name by which he is indicted be not his true name, he must then declare his true name or be proceeded against by the name in the indictment.

§ 7279. If he gives no other name, the court may proceed accordingly.

§ 7280. If he allege that another name is his true name, the court must direct an entry thereof in the minutes of the arraignment, and the subsequent proceedings on the indictment