Page:Revised Codes of the State of North Dakota 1895.pdf/1432

§§ 7937-7942 original warrant issued by the magistrate making the indorsement thereon.

§ 7937. Duty of officer transmitting. Every officer causing telegraphic copies of a warrant to be sent must certify as correct, and file in the telegraph office from which such copies are sent, a copy of the warrant and indorsement thereon, and must return the original with a statement of his action thereunder and signed by him.

§ 7938. Warrant returnable in county where issued. Misdemeanor. Every person arrested by warrant for any offense. when no other provision is made for his examination, must be taken before some magistrate of the county in which the warrant was issued, and the warrant with the proper return thereon, signed by the person who made the arrest, must be delivered to such magistrate. Any telegraphic copy of a warrant under which an officer has acted in making an arrest shall be deemed the original warrant. If the offense charged in the warrant is a misdemeanor within the jurisdiction of a magistrate to try and upon conviction to punish, a trial must be had as provided hy law.

§ 7939. Arrest directed by telegraph. In all cases when by law a peace officer of this state, may arrest a person without a warrant, or having a warrant for the arrest of a person accused of a crime or public offense and such person may otherwise escape from this state, such officer may, by telegraph, direct any sheriff, constable, marshal or policeman in this state to arrest such person, and designate the accused in said order by name or description, or both.

§ 7940. How executed. Procedure. The order may be directed generally to any of such officers and executed by the officer receiving it. The officer executing any such order shall take into his custody, the person designated therein and detain him upon such order for such length of time as shall be necessary for the officer directing the arrest to reach the place of detention by the ordinary course and means of travel, or until sooner demanded by an officer having a warrant for the arrest of such person, but in no case shall the officer arresting such person upon such order detain him longer than the time herein before mentioned.

ARTICLE 8.-RAILWAY POLICE.

§ 7941. When conductors peace officers. Each conductor of a railway or railroad train carrying passengers, while on duty in this state as such conductor is hereby invested with and possesses the authority of a peace officer of the state.

§ 7942. Railway companies may appoint police. Every railway or railroad company doing business within this state is hereby authorized to appoint, and at its own expense, to employ such persons as peace officers, at its stations or other places along the line of its road within the state, as may be hy it deemed necessary, for the protection of its property or the preservation of order on its premises or in or about its cars, depots. grounds, yards, buildings or other structures, or any of the same under its control or in its possession. When any railway or railroad company doing business in this state is in the hands of or being operated by a receiver appointed by a court of this state or of the United States, the authority conferred by this section upon such company is conferred upon and may be exercised by such receiver.

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