Page:Revised Codes of the State of North Dakota 1895.pdf/1428

§§ 7901-7907 required by the accused, take him before a magistrate in that county or judicial subdivision who must admit him to bail and take bail from him accordingly. But if there is no magistrate residing within the county or judicial subdivision wherein the accused is arrested and the accused requires it, the officer must take him before a magistrate of any other county nearer or more accessible than the magistrate issuing the warrant and said magistrate must admit him to bail and take bail from him accordingly.

§ 7901. Procedure when bail taken. On taking bail, the magistrate must certify that fact on the warrant, and deliver the warrant and undertaking of bail to the officer having charge of the accused. The officer must then discharge the accused from arrest, and must without delay deliver the warrant and undertaking to the clerk of the court at which the accused is required to appear.

§ 7902. When bail is not given. If, on the admission of the accused to bail, the bail is not forth with given, the officer must take the accused before the magistrate who issued the warrant, or, in case of his absence or inability to act, before the nearest or most accessible magistrate in the same county and must at the same time deliver to the magistrate the warrant with his return thereon indorsed and subscribed by him.

§ 7903. Misdemeanor within magistrate's jurisdiction. If the offense charged is within the jurisdiction of the magistrate to try and punish upon conviction, the accused, if arrested in another county or judicial subdivision, must be taken before the magistrate who issued the warrant, or, if he is absent, then before some other magistrate, as provided in the last preceding section.

§ 7904. Delay prohibited. Attorney. The accused must in all cases be taken before the magistrate without unnecessary delay; and any attorney at law entitled to practice in the courts of record of North Dakota, may, at his request visit such person after his arrest.

§ 7905. Magistrate not issuing the warrant. If the accused is taken before a magistrate other than the one who issued the warrant, the complaint on which the warrant was granted must be sent to that magistrate, or if it cannot be procured, the prosecutor and his witnesses must be summoned to give their testimony anew.

§ 7906. Accused from other county. When a complaint is laid before a magistrate of the commission of a crime or public offense, triable in another county of this state, but showing that the accused is in the county or judicial subdivision where the complaint is laid, the same proceedings must be had as prescribed in this article, except that the warrant must require the accused to be taken before the nearest and most accessible magistrate of the county in which the offense is triable, and the complaint of the complainant, with the depositions, if any, of the witnesses who may have been produced, must be delivered by the magistrate to the officer to whom the warrant is delivered.

§ 7907. Taken to proper county. The officer who executes the warrant must take the accused before the nearest or most accessible magistrate of the county or judicial subdivision in which the offense is triable, and must deliver to him the complaint and the depositions, if any, and the warrant with his return indorsed thereon, and the magistrate must then proceed in the same manner as upon a warrant issued by himself.

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