Page:1887 Compiled Laws of Dakota Territory.pdf/1241



§ 7638. If, from the examination, it appear that the person charged has committed the crime alleged, the magistrate, by warrant reciting the accusation, must commit him to the proper custody for a time, specified in the warrant, which the magistrate deems reasonable, to enable the arrest of the fugitive under the warrant of the executive of this territory, on the requisition of the executive authority of the state or territory in which he com­mitted the offense, unless he give bail, as provided in the next section, or until he be legally discharged.

§ 7639. The magistrate may admit the person arrested to bail by an undertaking, with sufficient sureties, and in such sum as he deems proper, for his appearance before him at a time specified in the undertaking, and for his surrender, to be arrested upon the warrant of the governor of this territory.

§ 7640. Immediately upon the arrest of thepersoncharged, the magistrate must give notice to the district attorney.

§ 7641. The district attorney must, immediately thereafter, give notice to the executive authority of the state or territory, or to the prosecuting attorney or presiding judge of the criminal court of the city or county therein, having jurisdiction of the offense, to the end that a demand may be made for the arrest and surrender of the person charged.

§ 7642. The person q.rrested must be discharged from cus­ tody or bail, unless before the expiration of the time designated in the warrant or undertaking he be arrested under the warrant of the governor of this territory.

§ 7643. The magistrate must return his proceedings to the next district court of the county, which must thereupon inquire into the cause of the arrest and detention of the person charged, and if he bein custody, or the timefor his arrest have not elapsed, it may discharge him from detention, or may order his under­ taking of bail to be canceled, or continue his detention for a longer time, or r6admit him to bail, to appear and surrender himself within a time specified in the undertaking.

§ 7644. Any person who is arrested within this territory, by virtue of a warrant issued by the governor of this territory, upon a requisition of the governor of any other state or territory, as a fugitive from justice, under the laws of the United States, shall not be delivered to the agent of such state or territory until noti­fied of the demand made for his surrender, and given twenty-four hours to make demand for counsel; and should such demand be made for the purpose of suing out a writ of habeas corpus, the prisoner shall be forthwith taken to the nearest judge of the district court, and ample time given to sue out such writ, such time to be determined by the said judge of the district court.

§ 7645. Any officer who shall deliver such person to such agent for extradition without first having complied with the provisions of the preceding section, shall be deemed guilty of a misdemeanor.

§ 7646. When the governor shall demand from the execu­ tive authority of a state or territory of the United States, or of a foreign government, the surrender to the authorities of this terri­tory, of a fugitive from justice, the accounts of the persons em­ployed by him for that purpose must be paid out of the territorial treasury.

§ 7647. No compensation, fee, or reward of any kind, can be paid to, or received by a public officer of this territory, for a service rendered or expense incurred in procuring from the gov-