Page:1887 Compiled Laws of Dakota Territory.pdf/1240

§§ 7630-7637 rant was issued, the magistrate must cause it to be restored to the person from whom it was taken.

§ 7630. The magistrate must annex together the depositions, the search warrant and return, and the inventory, and then return them to the next district court of the county having power to inquire into the offense in respect to which the search warrant was issued, by the intervention of a grand jury, at or before its opening on the first day.

§ 7631. A person who maliciously and without probable cause, procures a search warrant to be issued and executed, is guilty of a misdemeanor.

§ 7632 A peace officer in executing a search warrant, who wilfully exceeds his authority, or exercises it with unnecessary severity, is guilty of a misdemeanor.

§ 7633. When a person charged with a felony is supposed by the magistrate before whom he is brought to have upon his person a dangerous weapon, or anything which may be used as evidence of the commission of the offense, the magistrate may direct him to be searched in his presence, and the weapon or other thing to be retained, subject to his order or the order of the court in which the defendant may be tried.

§ 7634. The governor may offer a reward not exceeding one thousand dollars, payable out of the territorial treasury, for the apprehension:

1. Of any convict who has escaped from the territorial prison; or,

2. Of any person who has committed, or is charged with the commission of an offense punishable with death.

§ 7635. A person charged in any state or territory of the United States with treason, felony, or other crime, who shall flee from justice and be found in this territory, must, on demand of the executive authority of the state or territory from which he fled, be delivered up by the governor of this territory, to be removed to the state or territory having jurisdiction of the crime.

§ 7636. A magistrate may issue a warrant for the apprehension of a person so charged, who shall flee from justice and be found within this territory.

§ 7637. The proceedings for the arrest and commitment of a person charged, are in all respects similar to those provided in this code for the arrest and commitment of a person charged with a public offense committed in this territory. Except that an exemplified copy of an indictment found, or other judicial proceeding had against him in the state or territory in which he is charged to have committed the offense, may be received as evidence before the magistrate.