Page:1862 Territory of Dakota Session Laws.pdf/234

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CHAP. IX.]
CRIMINAL PROCEDURE.
217

such sheriff, coroner, or constable, or other person called to the assistance of such sheriff, coroner, or constable, shall be in pursuit of any offender, having a warrant for the apprehension of such offender, and the offender shall cross the line into the adjoining county, such sheriff, coroner, or constable, or other person, may pursue such offender into such adjoining county and make the arrest, as if such offender had been found in the county of the officer in pursuit.

Judge or justice may name person to execute warrant, &c., and his powers.Sect. 214. Any judge or justice of the peace, issuing any such warrant may make an order thereon, authorizing a person to be named in such warrant to execute the same, and the person named in su order may execute such warrant anywhere in the territory by apprehending and conveying such offender before the judge or justices issuing such warrant, or before some other justice of the same county; and all sheriffs, coroners, and constables, and others, when required, in their respective counties, to be aiding and assisting in the execution of such warrant.

Officers or persons having charge of prisoners may transport them, howSect. 215. Any person or persons, officer or officers, who may have the custody of any offender or offenders, by virtue of either of the two preceding sections, may take or carry such prisoner or prisoners into any other county which may be situated on his or their way back to the county from which the said prisoner or prisoners fled, and may deposit such prisoner or prisoners in any jail on his or their route, for safe custody, for one night or more, as occasion may require. Upon their arriving in the county to which the prisoner is sent.Upon their arriving in the county to which the prisoner or prisoners is or are sent, under the last preceding section, such officer or officers, person or persons, shall deliver such prisoner or prisoners into the custody of the sheriff or jailer, together with the warrant of the said judge or justice, which shall be a sufficient justification to the said sheriff or jailer, to receive and detain such prisoner or prisoner, until he, she, or they obtain bail, if the offence be bailable, or be otherwise discharged by due course of law.

Not necessary for warrant to be sealed.Sect. 216. It shall not be necessary to the validity of any warrant for the apprehension of any person charged with an offence, or warrant of commitment or search-warrant, that it be under the seal of the judge or justice of the peace granting or issuing the same; but every such warrant, under the hand of the judge or justice of the peace, shall be as valid in law