Page:Revised Codes of the State of North Dakota 1895.pdf/1431

Criminal Actions. § 7930. Must inform person of cause of arrest. A private pereon making an arrest must, upon making the arrest, inform the person to be arrested of his intention to arrest him, and of the cause of the arrest, and require him to submit, except when he is in the actual commission of the offense or when he is arrested on pursuit immediately after its commission.

§ 7931. When private person may break door. If the person to be arrested has committed a felony, and a private person, after notice of his intention to make the arrest, is refused admittance, he may break open an outer or inner door or window of a dwelling house for the purpose of making the arrest.

§ 7932. Private person arresting. Duty: A private person who has arrested another for the commission of a public offense, must, without unnecessary delay, take him before a magistrate or deliver him to a pence officer.

§ 7933. Offensive weapons taken. Any person making an arrest must take from the person arrested all offensive weapons which he may have about his person, and must deliver them to the magistrate before whom he is taken.

§ 7934. Procedure against person arrested without warrant. When an arrest is made without a warrant hy a peace officer or by a private person, the person arrested must without unnecessary delay be taken:

1. Before the nearest or most accessible magistrate in the county or judicial subdivision where the arrest is made; or,

2. If there is no magistrate in said county or judicial subdivision qualified to act. then before the nearest or most accessible magistrate authorized to act for the county or judicial subdivision where the arrest is made. A complaint stating the charge against the person arrested, must be made before such magistrate, as provided by section 7889 of this code.

§ 7935. Who may break door. When. Any person who has lawfully entered a house for the purpose of making an arrest, or being therein makes an arrest, may break open the door or window thereof, if detained therein, when necessary for the purpose of liberating himself, and an officer may do the same when necessary for the purpose of liberating a person who, acting in his aid, lawfully enters for the purpose of making an arrest, and is detained therein.

ARTICLE 7. – WARRANTS AND SERVICE THEREOF BY TELEGRAPH.

§ 7936. Warrant transmitted by telegraph. Whenever a warrant for the arrest of a person accused of a crime or public offense is issued by a judge of the supreme or district court or by a magistrate of the county wherein such offense is triable, the delivery of such warrant by telegraph may be authorized by a judge of the supreme or district court, by an indorsement, authorizing such delivery, at any place within this state, upon the warrant of arrest under the hand of such judge, directed generally to any sheriff, constable, marshal or policeman in the state. After such indorsement, a telegraphic copy of such warrant may be sent by telegraph to one or more of such officers within the state, and such copy is as effectual in the hands of any such officer, and he must serve the same and in all regards proceed thereunder in the same manner as though he held an

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