Page:Revised Codes of the State of North Dakota 1895.pdf/1427

Criminal Actions. § 7892. Warrant defined. Form. A warrant of arrest is an order in writing, in the name of the state, signed by a magistrate, commanding the arrest of the defendant, and may be substantially in the following form:

State of North Dakota,

County of...

The state of North Dakota to any sheriff, constable, marshal or policeman in this state (or in the county of......, or as the case may be:)

Complaint upon oath having been this day laid before me that the crime of (designating it) has been committed, and accusing C. D. thereof;

You are therefore commanded forth with to arrest the above named C. D., and bring him before me at (naming the place,) or, in case of my absence or inability to act, before the nearest or most accessible magistrate in this county.

Dated at.. this... day of ........, 18....

E. F., Justice of the Peace,

(or as the case may be.)

§ 7893. Requisites of warrant. The warrant must specify the name of the defendant, or if it is unknown to the magistrate, the defendant may be designated therein by any name. It must also state an offense in respect to which the magistrate has authority to issue the warrant, and the time of issuing it, and the county, city, town or village where it is issued, and be signed by the magistrate with his name of office.

§ 7894. Directed to peace officer. Execution. The warrant must be directed to and executed by a peace officer.

§ 7895. Peace officer defined. A peace officer is a sheriff of a county or his deputy, or a constable, marshal or policeman of a township, city, village or town.

§ 7896. To whom judge may direct warrant. If the warrant is issued by a judge of the supreme court or by a judge of the district court it may be directed generally to any sheriff, constable, marshal or policeman in the state, and may be executed by any of such officers to whom it may be delivered in any part of the state.

§ 7897. To whom other magistrate. If it is issued by any other magistrate, it may be directed generally to any sheriff, constable, marshal or policeman in the county or judicial subdivision in which it is issued, and may be executed by such officer in any part of the state.

§ 7898. Officer executing may command assistance. An officer arresting a person for whom he has a warrant in a county or judicial subdivision other than the one in which he holds office, may in the county or judicial subdivision where he finds such person, call for assistance and command aid, and exercise authority as if in his own county.

§ 7899. Duty of officer if felony. If the offense charged in the warrant is a felony, the officer making the arrest must take the accused before the magistrate who issued the warrant, or some other magistrate in the same county as provided in the warrant of arrest.

§ 7900. If a misdemeanor. Bail. If the offense charged in the warrant is a misdemeanor not within the jurisdiction of the magistrate who issued it to punish, and the accused is arrested in another county or judicial subdivision, the officer, must, upon being 1393