Page:Revised Codes of the State of North Dakota 1895.pdf/1507

Miscellaneous Provisions. § 8473. Return of warrant. The officer must forth with return the warrant to the magistrate, and deliver to him a written inventory of the property taken, made publicly or in the presence of the person from whose possession it was taken, and of the applicant for the warrant, if they are present, verified by the affidavit of the officer, and taken before the magistrate, to the following effect:

I, A. B., the officer by whom this warrant was executed, do swear that the above inventory contains a true and detailed account of all the property taken by me on the warrant.

§ 8474. Copy of inventory. The magistrate must thereupon, if required, deliver a copy of the inventory to the person from whose possession the property was taken, and to the applicant for the warrant.

§ 8475. Complaint controverted. If the grounds on which the warrant was issued are controverted, the magistrate must proceed to take testimony in relation thereto.

§ 8476. How testimony taken. The testimony given by each witness must be reduced to writing and authenticated in the manner prescribed in sections 7960 and 7962.

§ 8447. When property to be restored. If it appears that the property taken is not the same as that described in the warrant, or that there is no probable cause for believing the existence of the grounds on which the warrant was issued, the magistrate must cause it to be restored to the person from whom it was taken.

§ 8478. Papers to be returned to district court. The magistrate must annex together the depositions, the search warrant and return and the inventory, and return them to the next term of the district court having authority and jurisdiction to inquire into the offense in respect to which the search warrant was issued, at or before its opening on the first day:

§ 8479. Procuring search warrant without cause. A person who maliciously and without probable cause. procures a search warrant to be issued and executed, is guilty of a misdemeanor.

§ 8480. Officer exceeding his authority. A peace officer in executing a search warrant, who willfully exceeds his authority, or exercises it with unnecessary severity, is guilty of a misdemeanor.

§ 8481. Search of accused for dangerous weapons. When a person charged with a felony is supposed by the magistrate before whom he is brought to have upon his person a dangerous weapon, or anything which may be used as evidence of the commission of the offense, the magistrate may direct him to be searched in his presence, and the weapon or other thing to be retained, subject to his order or the order of the court in which the defendant may be tried.

ARTICLE 11.- PROCEEDINGS AGAINST FUGITIVES FROM JUSTICE.

§ 8482. Governor may offer reward for criminal. The governor may offer a reward not exceeding one thousand dollars, payable out of the state treasury, for the apprehension:

1. Of any convict who has escaped from the penitentiary; or,

2. Of any person who has committed, or is charged with the commission of an offense punishable with death.

§ 8483. Delivery of fugitives upon requisition. A person charged in any state or territory of the United States with treason, felony, or other crime, who shall flee from justice and be found in

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