Page:Revised Codes of the State of North Dakota 1895.pdf/1450

§§ 8069-8079 be in a similar form, adding to the body thereof a direction to the following effect. " or if he requires it that you take him before any magistrate of that county or in the county in which you arrest him, that he may give bail to answer the information (or indictment)."

§ 8069. Court fix amount of bail. If the offense charged is bailable the court, upon directing the bench warrant to issue, must fix the amount of bail; and an indorsement must be made on the bench warrant and signed by the clerk, to the following effect: "The defendant is to be admitted to bail in the sum of.. dollars."

§ 8070. Arrest. Offense not bailable. Custody. The defendant, when arrested under a warrant for an offense not bailable, must be held in custody by the sheriff of the county or judicial subdivision in which the information is filed or indictment found.

§ 8071. Warrant served in any county. The bench warrant may be served in any county or judicial subdivision of the state in the same manner as a warrant of arrest.

§ 8072. Magistrate. Taking bail. Procedure. If the defendant is brought before a magistrate of another county for the purpose of giving bail, the magistrate must proceed in respect thereto, in the same manner as if the defendant had been brought before him upon a warrant of arrest, and the same proceedings may be had thereon.

§ 8073. Felony. Bail given. Increased amount. When the information or indictment is for a felony, and the defendant, before the filing or finding thereof, has given bail for his appearance to answer the charge, the court to which the information or indictment is presented, or sent or removed for trial, may order the defendant to be committed to actual custody either without bail, or unless he gives bail in an increased amount, to be specified in the order.

§ 8074. Procedure. Defendant present. Absent. If the defendant is present when the order is made, he must be forthwith committed accordingly. If he is not present, a bench warrant must be issued and proceeded upon in the manner provided in this article.

§ 8075. Arraignment. Counsel for defendant. If the defendant appears for arraignment without counsel, he must be informed by the court that it is his right to have counsel before being arraigned, and must be asked if he desires the aid of counsel. If he desires and is unable to employ counsel, the court must assign counsel to defend him.

§ 8076. How arraignment made. The arraignment must be made by the court, or by the clerk or state's attorney under its direction, and consists of reading the information or indictment to the defendant, and asking him whether he pleads guilty or not guilty to the information or indictment.

§ 8077. Defendant's true name. When the defendant is arraigned, he must be informed that if the name by which he is informed against or indicted is not his true name, he must disclose his true name or be proceeded against by the name in the information or indictment.

§ 8078. No other name given. If he gives no other name, the court may proceed accordingly.

§ 8079. Another name given, procedure. If he alleges that another name is his true name, the court must direct an entry thereof in the minutes of the arraignment, and the subsequent pro- 1416