If, on the admission of an accused to bail, the bail is not given forthwith, the officer shall take the accused before the magistrate who issued the warrant, or, in case of that magistrate's absence or inability to act, before the nearest or most accessible magistrate in the same county, and at the same time shall deliver to the magistrate the warrant with the officer's return endorsed thereon and subscribed by the officer.
N.D.C.C. § 29-05-14