Page:Revised Codes of the State of North Dakota 1895.pdf/1508

§§ 8181-8492 this state, must, on demand of the executive authority of the state or territory from which he fled, be delivered up by the governor of this state, to be removed to the state or territory having jurisdiction of the crime.

§ 8484. Magistrate to issue warrant. A magistrate may issue a warrant for the apprehension of a person so charged, who shall flee from justice and be found within this state.

§ 8485. Proceedings for arrest and commitment. The proceedings for the arrest and commitment of a person charged, are in all respects similar to those provided in this code for the arrest and commitment of a person charged with a public offense committed in this state. Except that an exemplified copy of an indictment found, or other judicial proceedings had against him in the state or territory in which he is charged to have committed the offense, may be received as evidence before the magistrate.

§ 8486. Accused may be committed. Time. If from the examination it appears that the accused has committed the crime alleged, the magistrate, by warrant reciting the accusation must commit him to the proper custody of his county, for such time to be specified in the warrant, as the magistrate may deem reasonable, to enable the arrest of the fugitive under the warrant of the executive of this state, on the requisition of the executive authority of the state or territory in which he committed the offense, unless he gives bail as provided in the next section, or until he is legally discharged.

§ 8487. Accused may be admitted to bail. The magistrate may admit the person arrested to bail by an undertaking, with sufficient sureties, and in such sum as he deems proper, for his appearance before him at a time specified in the undertaking, and for his surrender, to be arrested upon the warrant of the governor of this state.

§ 8488. Notice to state's attorney. Immediately upon the arrest of the person charged, the magistrate must give notice to the state's attorney.

§ 8489. Ďuty of state's attorney. The state's attorney must, immediately thereafter, give notice to the executive authority of the state or territory, or to the prosecuting attorney or presiding judge of the criminal court of the city or county therein, having jurisdiction of the offense, to the end that a demand may be made for the arrest and surrender of the person charged.

§ 8490. When accused must be discharged. The person arrested must be discharged from custody or bail, unless before the expiration of the time designated in the warrant or undertaking he is arrested under the warrant of the governor of this state.

§ 591, C. (r. P. $ 8491. Magistrate to make return. Duty of district court. The magistrate must return his proceedings to the next district court of the county, which must thereupon inquire into the cause of the arrest and detention of the person charged, and if he is in custody, or the time for his arrest has not clapsed, it may discharge him from detention, or may order his undertaking of bail to be canceled, or continue his detention for a longer time, or readmit him to bail, to appear and surrender himself within a time specified in the undertaking.

§ 8492. Fugitive granted twenty-four hours. Counsel. Habeas corpus. Any person who is arrested within this state, by virtue of a warrant issued by the governor of this state upon a requi-

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