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Official Government Sites
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Section 15-10-13When arrest warrant endorsed by judge or magistrate; liability of judge or magistrate on endorsement.
(a) The endorsement of a judge or magistrate, according to the provisions of Sections 15-10-10 and 15-10-11, must not be made unless he is satisfied from his own knowledge or from the oral or written statement, on oath, of some credible persons, proving the handwriting of the judge or magistrate issuing the arrest warrant, in the one case, and in the other, that the person in pursuit is an officer authorized to make the arrest in the county in which the warrant or writ of arrest was issued.
(b) No judge or magistrate, having complied with the provisions of subsection (a) of this section, is liable to any indictment or action for making such endorsement, although it may afterwards appear that such warrant was illegally issued or that the person was not authorized to execute the same.
(Code 1852, §§438, 439; Code 1867, §§3987, 3988; Code 1876, §§4657, 4658; Code 1886, §§4272, 4273; Code 1896, §§5221, 5222; Code 1907, §§6280, 6281; Code 1923, §§3274, 3275; Code 1940, T. 15, §§165, 166.)
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