Page:1887 Compiled Laws of Dakota Territory.pdf/1239

 tion 7614. or if the affidavit be not positive) that there is probable cause for believing that (stat­ ing the grounds of the application in the same mannerj. You are therefore commanded, in the day time (or "at any time of the day or night," as the case may be, according to section 7622) to make immediate search on the person of U D (or "in the house situated," describing it, or any other place to be searched, with reasonable particu­ larity, as the case may be), for the following property(describing,it with reasonable particularity), and if you find the same, or any part thereof, to bring it forthwith before me, at (stating the place). Dated at ... :... the .... ..day of...... .., 18 .. E F, Justice of the peace of the city (or town) of (or as the case may be).

§ 7619. A search warrant may in all cases be served by any of the officers mentioned in its direction, but by no other person except in aid of the officer, on his requiring it, he being present, and acting in its execution.

§ 7620. The officer may break open an outer or inner door or window of a house, or any part or the house, or any­thing therein, to execute the warrant, if, after notice of his authority and purpose, he be refused admittance.

§ 7621. He may break open any outer or inner door or window of a house for the purpose of liberating a person who, having entered to aid him in the execution of the warrant, is detained therein, or when necessary for his own liberation.

§ 7622. The magistrate must insert a direction in the warrant that it be served in the day time, unless the affidavits be positive that the property is on the person, or in the place to be searched. In which case he may insert a direction that it be served at any time of the day or night.

§ 7623. A search warrant must be executed and returned to the magistrate by whom it was issued within ten days. After the expiration of these times respectively, the warrant, unless executed, is void.

§ 7624. When the property is delivered to the magistrate, he must, if it was stolen or embezzled, dispose of it as provided in sections 7591 to 7594, both inclusive. If it were taken on a warrant issued on the grounds stated in the second and third subdivisions of section 7614, he must retain it in his possession, subject to the order of the court to which he is required to return the proceedings before him, or of any other court in which the offense, in respect to which the property was taken, is triable.

§ 7625. The officer must forthwith return the warrrant to the magistrate, and deliver to him a written inventory of the property taken, made publicly, or in the presence of the person from whose possession it was taken, and of the applicant for the warrant, if they be present, verified by the affidavit of the officer, and taken before the magistrate, to the following effect:

I, A B, the officer by whom this warrant was executed, do swear that the above inventory contains a true and detailed account of all the property taken by me on the warrant.

§ 7626. The magistrate must thereupon, if required, deliver a copy of the inventory to the person from whose possession the property was taken, and to the applicant for the warrant.

§ 7627. If the grounds on which the warrant was issued be controverted, the magistrate must proceed to take testimony in relation thereto.

§ 7628. The testimony given by each witness must be re­ duced to writing and authenticated in the manner prescribed in sections 7169 and 7171.

§ 7629. If it appear that the property taken is not the same as that described in the warrant, or that there is no probable cause for believing the existence of the grounds on which the war­-