Page:1887 Compiled Laws of Dakota Territory.pdf/1242

§§ 7648-7656 ernor the demand mentioned in the last section, or the surrender of the fugitive, or for conveying him to this territory, or detaining him herein, except as provided in section 7646.

§ 7648. A violation of the last section is a misdemeanor.

§ 7649. When a person has been held to answer for a public offense, if an indictment is not found against him at the next term of the court at which he is held to answer, the court must order the prosecution to be dismissed, unless good cause to the contrary be shown.

§ 7650. If a defendant, prosecuted for a public offense, whose trial has not been postponed upon his application, is not brought to trial at the next term of court in which the indictment is triable after it is found, the court must order the prosecution to be dismissed, unless good cause to the contrary be shown.

§ 7651. If the defendant is not prosecuted or tried, as provided in the last two sections, and sufficient reason therefor is shown, the court may order the action to be continued from term to term, and in the meantime may discharge the defendant from custody, on his own undertaking or on the undertaking of bail for his appearance to answer the charge at the time to which the action is continued.

§ 7652 If the court direct the action to be dismissed, the defendant must, if in custody, be discharged therefrom, or if admitted to bail, his bail is exonerated, or money deposited instead of bail must be refunded to him.

§ 7653. The court may, either of its own motion or upon the application of the district attorney, and in furtherance of justice, order an action or indictment to be dismissed; but in that case the reasons of the dismissal must be set forth in the order, which must be entered upon the minutes.

§ 7654. The entry of a nolle prosequi is abolished, and the district attorney cannot discontinue or abandon a prosecution for a public offense, except as provided in the last section.

§ 7655. An order for the dismissal of the action, as provided in this chapter, is not a bar to any other prosecution for the same offense.

§ 7656. The rule of common law that penal statutes are to be strictly construed, has no application to this code. This code establishes the law of this territory respecting the subjects to