Page:Revised Codes of the State of North Dakota 1895.pdf/1437

Information or Indictment. § 7976. Security may be subsequently demanded. When, however, in pursuance of section 7972, any material witness on the part of the prosecution has been discharged on his undertaking, without surety, if afterwards, on the sworn application of the state's attorney or other person on behalf of the state, made to the magistrate or to any judge, it satisfactorily appears that the presence of such witness or any other person on the part of the prosecution is material or necessary on the trial in court, such magistrate or judge may compel such witness, or any other material witness on the part of the state, to give an undertaking with sureties, to appear on the said trial and give his testimony therein, and for that purpose, the said magistrate or judge may issue a warrant against any such person, under his hand, with or without seal, directed to a sheriff, marshal or other peace officer, to arrest such person and bring him before such magistrate or judge.

§ 7977. Witness may be confined. And in case the person so arrested shall neglect or refuse to give said undertaking in the manner required by said magistrate or judge, he may issue a warrant of commitment against such person, which shall be delivered to said sheriff or other peace officer, whose duty it shall be to convey such person to the jail mentioned in said warrant, and the person shall remain in confinement until he shall be removed to the grand jury or to the court, for the purpose of giving his testimony, or until he shall have given the undertaking required by said magistrate or judge, or until he is otherwise discharged according to law.

§ 7978. Magistrate must return papers. When a magistrate has discharged a defendant or has held him to answer, as provided in sections 7964 and 7966, he must return immediately to the district court of the county or judicial subdivision, the warrant, if any, the complaint, the deposition of all the witnesses examined before him, if any have been taken, and exhibits and all undertakings of bail or for the appearance of witnesses, taken by him, together with a certified copy of the record of the proceedings as it appears on his docket.

CHAPTER 7.

PROCEEDINGS ON INFORMATION OR INDICTMENT.

ARTICLE 1. - PRELIMINARY PROVISIONS.

§ 7979. Public offenses, how prosecuted. All crimes or public offenses triable in the district courts must be prosecuted by information or indictment, except as provided in the next section.

§ 7980. Removal from office. When the proceedings are for the removal of a district, county, township, city or municipal officer, or of a state officer not liable to impeachment, they may be commenced by an accusation in writing as provided in article 2, Chapter 1, of this code.

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