must order the defendant to be discharged, by an indorsement on the information over his signature to the following effect:
There being no sufficient cause to believe the within named A B guilty of the offense within mentioned, I order him to be discharged.
Costs taxed against complainant.s. 2, c. 38, 1881.
§ 7174. If the defendant on a preliminary examination for a public offense be discharged as provided in section 7173, and if the magistrate find that the prosecution was malicious or without probable cause, he shall enter such judgment on his docket and tax the costs against the complaining witness, which shall be enforced as judgments for costs in criminal cases, and execution may issue therefor.
Defendant held to answer.s. 148, Crim. Pr.
§ 7175. If, however, it appear from the examination that a public offense has been committed, and that there is sufficient cause to believe the defendant guilty thereof, the magistrate must, in like manner, indorse on the information an order signed by him, to the following effect:
It appearing to me that the offense in the within information mentioned {or any other offense, according to the tact, stating generally the nature thereof), bas been committed, and that there is sufficient cause to believe the within named A B guilty thereof, I order that he be held to answer the same.
Proceedings when offense is not bailable.s. 149, Crim. Pr.
§ 7176. If the offense be not bailable, the following words, or words to the same effect, must be added to the indorsement:
And that he is hereby committed to (the sheriff of ............ , or to the marshal of the city of •.••••.••••. , or as the case may be).
When offense is bailable.s. 150, Crim. Pr.
§ 7177. If the offense is bailable, and bail is taken by the magistrate, the following words, or words to the same effect, must be added to the indorsement mentioned in section 7175:
And I have admitted him to bail, to answer, by the undertaking hereto annexed.
If bail is not taken.s. 151, Crim. Pr.
§ 7178. If the offense is bailable, and the defendant is admitted to bail, but bail have not been taken, the following words, or words to the same effect, must be added to the in edorsement mentioned in section 7175:
If bail is not taken.
And that he is admitted to bail in the sum of. .••...•.• dollars, and be committed to the sheriff of the county of ...•.......... (or the marshal of the city of .•.• .•• ....... , or as the case may be), until said bail be given.
Commitment.s. 152, Crim. Pr.
§ 7179. If the magistrate order the defendant to be committed as provided in sections 7176 and 7178, he must make out a commitment, signed by him, with his name of office, and deliver it, with the defendant, to the officer to whom he is committed, or if that officer be not present, to a peace officer, who must immediately deliver the defendant into the proper custody, together with the commitment.
Form of commitment.s. 153, Crim. Pr.
§ 7180. The commitment must be to the following effect:
County of ..........
The territory of Dakota.
To the sheriff of the county of ............ {or marshal of the city of ........... ., or as the case may be):
An order having been this day made by me, that A B be held to answer upon a charge of (stating briefly. the nature of the offense, with time and place as near as may be). you are commanded to receive him into yom· custody, and detain him until he is legally discharged.
Dated at ............. . , this .......... day of........, 18 ....
CD, Justice of the Peace {or as the case may be).
Witness to give undertaking.s. 154, Crim. Pr.
§ 7181. On holding the defendant to answer, the magistrate may take from each of the material witnesses examined before him on the part of the territory, a written undertaking, without surety, to the effect that he will appear and testify at the court to which the information" and depositions, if any, are to be sent, or that he will forfeit such sum as the magistrate may fix and determine.
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