Page:Revised Codes of the State of North Dakota 1895.pdf/1429

Criminal Actions. § 7908. If offense a misdemeanor. If the offense charged in the warrant issued pursuant to section 7906 is a misdemeanor not within the jurisdiction of the magistrate to try and punish, the officer must, upon being required by the accused, take him before a magistrate of the county in which the warrant was issued, who must admit the accused to bail and immediately transmit the warrant and complaint and depositions, if any, and undertaking, to the clerk of the court, in which the accused is required to appear.

§ 7909. Privilege of officer. An officer who has arrested a person charged with a crime or public offense in any county or judicial subdivision, may take and convey such person through such parts of this state as shall be in the ordinary route of travel from the place where he shall have been arrested to the place where he is to be conveyed and delivered under the process by which the arrest shall have been made, and such conveyance shall not be deemed an escape.

§ 7910. Officer not liable to arrest. While having in charge any person arrested in a criminal action or proceeding, neither the officer, nor any of his assistants, shall be liable to arrest on civil process; and such officer is authorized to require any citizen to aid in securing the accused, and to retake him, if he escapes, in any part of the state, as if he was within his own county; and a refusal or neglect to render such aid shall be an offense in the same manner as if he was an officer of the county or judicial subdivision where such aid is required.

§ 7911. Giving bail deemed waiver of examination. Any person arrested for a misdemeanor not within the jurisdiction of a magistrate to hear, try and punish, in any county or judicial subdivision other than the county or judicial subdivision wherein the offense is triable, shall, if admitted to hail and released thereon, be deemed to have waived all and every right to a preliminary examination upon said charge before any magistrate and such person may be informed against, tried and punished, upon conviction of such offense, in all respects as if such preliminary examination had been had.

ARTICLE 6. - ARREST, BY WHOM AND How MADE.

§ 7912. Arrest defined. An arrest is the taking of a person into custody in the manner authorized by law.

§ 7913. Who may make. An arrest may be made, either:

1. By a peace officer, under a warrant.

2. By a peace officer, without a warrant; or,

3. By a private person.

§ 7914. Officer may summon aid. Any officer making an arrest may orally summon as many persons as he deems necessary to aid him therein.

§ 7915. Persons must aid. Every person when required must aid an officer in the making of an arrest.

§ 7916. When made for felony. Misdemeanor. If the $ 116. C. Cr. l. offense charged is a felony, the arrest may be made on any day, and at any time of the day or night. If it is a misdemeanor, the arrest cannot be made at night, unless upon the direction of the magistrate indorsed upon the warrant.

§ 7917. How arrest made. An arrest is made by an actual restraint of the person of the defendant, or by his submission to the custody of the officer.

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