Page images
PDF
EPUB

published in the county, and in the newspaper printed at Albany, in which legal notices are required to be published. The expense of the publication shall be a county charge.

§ 907. If the defendant appear, judgment shall be rendered against him upon the conviction. If he do not appear, the court, upon proof of the due publication of the order, shall render judgment that the defendant be outlawed, and that all his civil rights be forfeited.

§ 908. The defendant shall thereupon be deemed to be civilly dead, and shall forfeit to the people of this state, during his lifetime, and no longer, all freehold estate in real property, of which he was seised, in his own right, at the time of committing the treason, or at any time thereafter, and all his personal property.

§ 909. Upon a judgment of outlawry, the judgment roll shall be made up, and filed with the clerk of the county in which the conviction was had, and shall be docketed with the same effect as in civil actions. A transcript thereof may also be filed and docketed, with the like effect in any other county.

§ 910. The judgement roll shall consist of the several matters prescribed in section 570, except the fifth subdivision; to which shall be annexed a certified copy of the order to appear for judgment, the affidavits proving its publication, and a certified copy of the order of judgment of outlawry.

§ 911. An appeal may be taken by the defendant, at any time, from a judgment of outlawry.

§ 912. The appeal may be taken in person or by counsel, and the proceedings thereon shall be the same as upon an appeal from a judgment of conviction on an indictment.

§ 913. If the judgment be reversed, on appeal, the defendant shall be restored to his civil rights.

§ 914. Notwithstanding judgment of outlawry against the defendant, he may be arrested at any time thereafter, to receive judgment upon the conviction.

915. No other proceeding for the outlawry of the defendant in a criminal action, shall be had, than such as is provided in this title.

TITLE IV.

OF PROCEEDINGS AGAINST FUGITIVES FROM JUSTICE.

CHAPTER I. Fugitives from another state or territory, into this state.
II. Fugitives from this state, into another state or territory.

CHAPTER I.

Fugitives from another state or territory, into this state.

§ 916. A person charged in any state or territory of the United States, with treason, felony, or other crime, who shall flee from justice and be be found in this state, shall, on demand of the executive authority of the state, or territory from which he fled, be delivered up by the governor of this state, to be removed to the state having jurisdiction of the crime.

§ 917. A magistrate may issue a warrant for the apprehension of a person so charged, who shall flee from justice and be found within this state.

§ 918. The proceedings for the arrest and commitment of the person charged, shall be in all respects similar to those provided in this code for the arrest and committment of a person charged with a public offence, committed within this state; except, that an exemplified copy of an indictment found, or other judicial proceeding had, against him in the state or territory, in which he is charged to have committed the offence, may be received as evideuce before the magistrate.

§ 919. If, from the examination, it appear, that the person charged has committed the treason, felony or other crime charged, the magistrate, by warrant reciting the accusation, shall commit him to the proper custody within his county, for a time to be specified in the warrant, which the magistrate may deem reasonable, to enable the arrest of the fugitive under the warrant of the executive of this state, on the requisition of the executive authority of the state or territory in which he committed the offence, unless he give bail, as provided in the next section, or until he be legally discharged.

§ 920. The magistrate may admit the person arrested, to bail, by an undertaking, with sufficient sureties and in such sum as he may deem proper, for his appearance before him at a time specified in the undertaking, and for

his surrender to be arrested upon the warrant of the governor of this state.

§ 921. Immediately upon the arrest of the person charged, the magistrate shall give notice to the district attorney of the county, of the name of the person and the cause of his arrest.

§ 922. The district attorney shall immediately thereafter give notice to the executive authority of the state or territory, or to the prosecuting attorney or presiding judge of the criminal court of the city or county within the state or territory, having jurisdiction of the offence, to the end that a demand may be made for the arrest and surrender of the person charged.

§ 923. The person arrested shall be discharged from custody or bail, unless before the expiration of the time designated in the warrant or undertaking, he be arrested under the warrant of the governor of this state.

§ 924. The magistrate shall make return of his proceedings to the next court of sessions of the county, which shall thereupon inquire into the cause of the arrest and detention of the person charged; and if he be in custody, or the time for his arrest have not elapsed, that court may discharge him from detention, or may order his undertaking of bail to be cancelled, or may continue his detention for a longer time, or may re-admit him to bail to appear and surrender himself within a time to be specified in the undertaking.

CHAPTER II.

Fugitives from this state, into another state or territory,

§ 925. When the governor of this state, in the exercise of the authority conferred by section 2, article 4, of the constitution of the United States, or by the laws of this state, shall demand from the executive authority of any state or territory of the United States, or of any foreign government, the surrender to the authorities of this state, of a fugitive from justice, the accounts of the persons employed by him for that purpose, shall be audited by the comptroller and paid out of the state treasury.

§ 926. No compensation, fee, or reward of any kind, shall be paid to, or received by any public officer of this state, for a service rendered or expense incurred, in procuring for the governor the demand mentioned in the last section, or in procuring the surrender of the fugitive, or conveying him to this state, or detaining him therein.

§ 927. A violation of the last section shall be deemed a misdemeanor.

« PreviousContinue »