Page:Revised Codes of the State of North Dakota 1895.pdf/1434

§§ 7962-7959 § 7952. Examination. The magistrate before whom the accused is brought, must, unless a change of the place of trial is had under the provisions of the next section, immediately after the appearance of counsel, or if none appears and the accused requires the aid of counsel, after waiting a reasonable time therefor, proceed to examine the case.

§ 7953. Change of place of trial. Whenever a person accused of a public offense is brought before a justice of the peace for examination and, at any time before such examination is commenced, he files with such justice his affidavit stating that by reason of the bias or prejudice of said justice, he believes he cannot have a fair and impartial examination before him, such justice must transfer said action, and all the papers therein including a certified copy of his docket entries, to another justice of the same county, if there is another justice in said county qualified to act; provided, that unless the parties agree upon the justice to whom said action shall be transferred, it shall be sent to the nearest justice of the county, but no more than one change of the place of examination under this section shall be had in an action.

§ 7954. Adjournment. The examination must be completed at one session unless the magistrate for good cause adjourns it. The adjournment cannot be for more than three days at each time, nor more than fifteen days in all, unless by the consent, or on the motion of the defendant.

§ 7965. Disposition of accused on adjournment. If an adjournment is bad for any cause and the defendant is charged with a capital offense, he must be committed in the meantime, otherwise the magistrate must commit the defendant for examination, or discharge him from custody, upon sufficient bail or the deposit of money, as provided in this code, as security for his appearance at the time to which the examination is postponed.

§ 7956. Form. Commitment for examination. The commitment for examination is by an indorsement signed by the magistrate, on the warrant of arrest, to the following effect:

The within named A. B., having been brought before me under this warrant, and having failed to give bail for his appearance, is committed to the sheriff of the county of... (or to the marshal of the city of...., as the case may be,) to await examination on the .... day of ...., 18.... at ...... o'clock, ....M. at which time you will have his body before me at my office.

§ 7957. Examination. Procedure. At the examination the magistrate must, in the first place, read to the accused the complaint on file before him. He must also, after the commencement of the prosecution, issue subpænas for any witnesses required by the prosecution or the defendant.

§ 7958. Same. Witnesses kept separate. While a witness is under examination, the magistrate may exclude all witnesses who have not been examined. He may also cause the witnesses to be kept separate, and to be prevented from conversing with each other until they are all examined.

§ 7959. Same. Who excluded. The magistrate may also. upon the request of the defendant, exclude from the examination every person except his clerk, the prosecutor and his counsel, the attorney general of the state, the state's attorney of the county, the

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