North Dakota Code § 29-21-23

When accused discharged
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If a defendant is not arrested on a warrant from the proper county:
1. The defendant must be discharged from custody;
2. The defendant's bail in the action must be exonerated; or
3. Money deposited instead of bail must be refunded,
as the case may be, and the sureties in the undertaking, as mentioned in section 29 -21-21, 
must be discharged.

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