Page:Revised Codes of the State of North Dakota 1895.pdf/1509

Miscellaneous Provisions. sition of the governor of any other state or territory, as a fugitive from justice, under the laws of the United States, shall not be delivered to the agent of such state or territory until notified of the demand made for his surrender, and given twenty-four hours to make demand for counsel; and should such demand be made for the purpose of suing out a writ of habeas corpus, the prisoner shall be forthwith taken to the nearest judge of the district court, and ample time given to sue out such writ, such time to be determined by the said judge of the district court.

§ 8493. Penalty for disobedience to last section. Any officer who shall deliver such person to such agent for extradition without first having complied with the provisions of the preceding section, shall be deemed guilty of a misdemeanor.

§ 8494. Governor may demand fugitives from this state. The governor of this state may in any case authorized by the constitution and laws of the United States, demand of the executive authority of any other state or territory within the United States, any fugitive from justice or any person charged with the commission of treason, felony or other crime in this state, and appoint agents to receive such person for and on behalf of this state. The account of any such agent or agents employed for such purposes must be paid out of the state treasury.

§ 8495. No compensation allowed. Exceptions. No compensation, fee or reward of any kind, can be paid to, or received by a public officer of this state, for a service rendered or expense incurred in procuring from the governor the demand mentioned in the last section, or the surrender of the fugitive, or for conveying him to this state, or detaining him herein, except as provided in section 8194.

§ 8496. Violation a misdemeanor. A violation of the last section is a misdemeanor.

ARTICLE 12.– DISMISSAL OF THE ACTION BEFORE OR AFTER INFORMATION OR INDICTMENT FOUND POR WANT OF PROSECUTION.

§ 8497. Prosecution to be dismissed. Information. Indictment. The court, unless good cause to the contrary is shown, must order the prosecution to be dismissed in the following cases:

1. When a person has been held to answer for a public offense, if an information is not filed or an indictment found against him at the next regular term of the district court.

2. If a defendant whose trial has not been postponed upon his application is not brought to trial at the next term of the district court in which the information or indictment is triable after it is filed if an information, or if an indictment after it is found.

§ 8498. Court may order a continuance. If the defendant is not prosecuted or tried, as provided in the last section, and sufficient reason therefor is shown, the court may order the action to be continued from term to term, and in the meantime may discharge the defendant from custody, on his own undertaking or on an undertaking of bail for his appearance to answer the charge at the time to which the action is continued.

§ 8499. Action dismissed. Effect of. If the court directs the action to be dismissed, the defendant must, if in custody, be discharged therefrom, or if admitted to bail, his bail is exonerated, or money deposited instead of bail must be refunded to him. 1475