Page:Revised Codes of the State of North Dakota 1895.pdf/1426

§§ 7887-7891 5. The person against whom, or against whose property the offense was committed, if known, and,

6. If the offense is against the property of any person, a general description of such property. The complaint must be subscribed and sworn to by the complainant.

§ 7887. Who must make complaint. Every person who has reason to believe that a crime or public offense has been committed, must make complaint against such person before some magistrate having authority to make inquiry of the same.

§ 7888. Magistrate may examine complainant. When a complaint is made before a magistrate, charging a person with the commission of a crime or public offense, such magistrate may examine the complainant, under oath, as to his knowledge of the commission of the offense charged, and he may also examine any other persons.

§ 7889. Accused arrested without warrant. When any officer or other person shall bring any person he has arrested without a warrant, before a magistrate, it is the duty of such officer or person to specify the charge upon which he has made the arrest. It is then the duty of the magistrate or state's attorney to make a complaint of the offense charged, and cause the officer or person, or some other person, to subscribe and make oath to such complaint and file it.

§ 7890. Witnesses other than complainant. Every person making complaint charging the commission of a crime or public offense, must inform the magistrate of all persons, whom he believes tu have any knowledge of its commission and the magistrate, at the time of issuing the warrant, may issue subpænas for such persons, requiring them to attend at a specified time and place as witnesses.

ARTICLE 5. - THE WARRANT OF ARREST.

§ 7891. Issuance of warrant. Justices of the peace. When a complaint, verified by oath or affirmation, is laid before a magistrate, charging the commission of a crime or public offense, he must, if satisfied therefrom that the offense complained of has been committed, and that there is reasonable ground to believe that the accused committed it, issue a warrant for his arrest; but when the magistrate before whom the complaint is made is a justice of the peace, before issuing the warrant, the complaint, if made by any person other than the state's attorney of the county, and other evidence taken by such magistrate relating to the offense charged, must be submitted to such state's attorney and he must examine into the charge and enter either his approval or disapproval of the issuance of a warrant upon such complaint. If the state's attorney disapproves, to warrant shall be issued, but if he approves the issuance of a warrant such magistrate shall proceed accordingly: provided. however, that in cases when it appears from statements of the complaint or other written evidence submitted to the magistrate that the accused is liable to escape from the county before the approval of the state's attorney can be had as herein before prescribed and such magistrate so certifies on the complaint, and in all cases mentioned in section 7889 of this code, a warrant may issue without the approval of the state's attorney. So justice of the peace shall receive any fees or allowances whatever for any act done or services rendered in a criminal action or processing commenced or prosecuted in disregard of the provisions of this section.

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