Page:Revised Codes of the State of North Dakota 1895.pdf/1433

Criminal Actions. § 7943. Powers of railway police. Every conductor mentioned in section 7941 and every person employed as provided in section 7912 of this code, shall have and may exercise the authority of a peace officer of the state, to arrest with or without warrant, as other peace officers, any person committing an offense against the laws of the state, or the ordinances of any city, village, town or municipality, upon the premises occupied by the company or receiver thereof, by which he is employed, 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.

§ 7944. Procedure on arrest. Every person arrested by any conductor, or other person exercising authority conferred by this article, must be thereafter proceeded with in all respects as is or may be required by law, in cases of arrests made by other peace officers of the state, except that a conductor may cause a person so arrested by him to be so proceeded with by any other person, or officer.

§ 7945. Other peace officers. Nothing in this article contained shall be construed to restrict, in any way, any right, authority or privilege conferred by law, upon any other peace officer of the state within his lawful jurisdiction.

§ 7946. Railway police. No fees. No person authorized by the provisions of this article to make arrests, shall receive or be allowed any fees or expenses for so doing.

§ 7947. Railway company liable for acts of. Each of such railway or railroad companies or receivers thereof is, and shall be held responsible for the acts of all conductors or other persons employed by it while acting as peace officers under the provisions of this article to the same extent as for the acts of its general agents or employees.

ARTICLE 9.- RETAKING AFTER AN ESCAPE OR RESCUE.

§ 7948. Pursuit and rearrest. If a person arrested escapes or is rescued, the person from whose custody he escaped or was rescued, may immediately pursue and retake him, at any time, and in any place in the state.

§ 7949. May break door or window. To retake the person escaping or rescued, the person pursuing may, after notice of his intention and refusal of admittance, break open an outer or inner cloor or window of a dwelling house.

ARTICLE 10.- PRELIMINARY EXAMINATIONS.

§ 7950. Magistrate's duty. When the defendant is brought before a magistrate upon an arrest, either with or without a warrant, on a charge of having committed a public offense, the magistrate must immediately inform him of the charge against him, and of his right to the aid of counsel in every stage of the proceedings, and also of his right to waive an examination before any further proceedings are had.

§ 7951. Must allow accused counsel. He must also allow the defendant a reasonable time to send for counsel, and adjourn the examination for that purpose; and must, upon the request of the defendant, require a peace officer to take a message to such counsel in the county or city as the defendant may name. The officer must, without delay, perform that duty, and shall receive fees therefor as upon service of a subpoena. 1399