Page:Revised Codes of the State of North Dakota 1895.pdf/1444

§§ 8023-8030 of a witness examined before the grand jury, for the purpose of ascertaining whether it is consistent with that given by the witness before the court, or to disclose the testimony given before them by any person, upon a charge against him for perjury in giving his testimony, or upon his trial therefor.

§ 8023. Grand juror cannot be questioned. A grand juror cannot be questioned for anything he may say, or any vote he may give in the grand jury, relative to a matter legally pending before the jury, except for a perjury of which he may have been guilty in making an accusation or giving testimony to his fellow jurors.

ARTICLE 6. — PRESENTMENT AND PROCEEDINGS THEREIN.

§ 8024. Presentment, how found. Signed. A presentment cannot be found without the concurrence of at least twelve grand jurors. When so found it must be signed by the foreman.

§ 8025. Presented to court. The presentment when found must be presented by the foreman, in presence of the grand jury, to the court, and must be filed with the clerk.

§ 8026. Bench warrant may issue. If the facts stated in the presentment constitute a public offense triable in the county or subdivision, the court must direct the clerk to issue a bench warrant for the arrest of the defendant.

§ 8027. Issued by clerk. The clerk, on the application of the judge or state's attorney, may, accordingly, at any time after the order, whether the court is sitting or not, issue a bench warrant, under his signature and the seal of the court, into one or more counties, or into any part of the state.

§ 8028. Form of warrant. The bench warrant, upon presentment, must be substantially in the following form:

State of North Dakota.

County of ...

To any sheriff, constable, marshal or policeman in this state:

A presentment having been made on the ........ day of ....., 18......, to the district court of the county of .... (or ..... subdivision) charging C. D. with the crime of .... (designating it generally) you are therefore commanded forthwith to arrest the above named C. D., and take him before E. F., a magistrate of the county of ..... ; or in case of his absence or inability to act before the nearest and most accessible magistrate in ... .... county.

Given under my hand, with the seal of said court affixed, this..... day of .. A. D. 18......

By order of the court.

[Seal] ..., clerk.

§ 8029. Where and how warrant may be served. The bench warrant may be served in any county or part of the state, and the officer serving it must proceed thereon as upon a warrant of arrest.

§ 8030. Magistrate's procedure on warrant. The magistrate, when the defendant is brought before him, must proceed upon the charges contained in the presentment, in the same manner as upon a warrant of arrest on a complaint.

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