found in the county, must make an order that he appear on the first day of the next term, to receive judgment upon the conviction or be outlawed.

Substantially the same as 2 R. S., 3d ed., 829, sec. 16.

§ 887. The order must be immediately published, once a week for six successive weeks, in a newspaper published in the county, and in the state paper. The expense of the publication is a county charge.

Substantially the same as 2 R. S. 3d ed. 829, sec. 17.

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

Taken from 2 R. S. 3d ed. 829, sec. 15, 16.

§ 889. The defendant is thereupon deemed civilly dead, and forfeits 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.

Conformable to 2 R. S., 3d ed., 829, sec. 20; and to 2 R. S., 3d ed., 746, sec. 3.

§ 890. Upon a judgment of outlawry, the judgment roll must be made up, and filed with the clerk of the

county in which the conviction was had, and docketed with the same effect as in a civil action. A transcript thereof may also be filed and docketed, with the like effect, in any other county.

Taken from 2 R. S. 3d ed. 929, sec. 21.

§ 891. The judgment roll consists of the several matters prescribed in section 550, except the fifth subdivision; to which must be annexed a certified copy of the order to appear for judgment, the affidavits proving its publication, and a certified copy of the judgment of outlawry.

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

The last section is taken from 2 R. S. 3d ed. 830, sec. 22.

§ 893. The appeal may be taken in person or by counsel, in the same manner, and the proceedings there on are the same, as upon an appeal from a judgment of conviction on an indictment.

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

The last section is the same as 2 R. S. 3d ed. 830, sec. 23.

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

Same as 2 R. S. 3d ed. 830, sec. 22.

§ 896. No other proceeding for the outlawry of the defendant in a criminal action, can be had, than that provided in this title.

Taken from 2 R. S. 3d ed. S830, sec. 24.

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. SECTION 897. To be delivered up by the governor, on demand of the executive authority of the state or territory from which they have fled.

898. Magistrate to issue warrant.

899. Proceedings for arrest and commitment of the person charged. 900. When, and for what time to be committed.

901. His admission to bail.

902. Magistrate to give notice to the district attorney, of the name of the
person and the cause of his arrest.

903. District attorney to give notice to executive authority of the state or
territory, or to the prosecuting attorney or presiding judge of the
city or county therein, having jurisdiction of the offence.
904. Person arrested to be discharged, unless surrendered within the
time limited.

905. Magistrate to return his proceedings to the next court of sessions.
Proceedings thereon.

§ 897. 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 found in this state, must 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 or territory having jurisdiction of the crime.

Declaratory of the duty imposed upon the governor, by art. 4, sec. 2, subd. 2, of the constitution of the United States.

898. 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.

Taken from 2 R. S., 3d ed., 797, sec. 37.

§ 899. The proceedings for the arrest and commitment of the person charged, are in all respects similar to those provided in this code, for the arrest and commitment of a person charged with a public offence committed in 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 evidence before the magistrate.

Conformable to 2 R. S., 3d ed, 797, sec. 38.

§ 900. If, from the examination, it appear, that the person charged has committed the crime alleged, the magistrate, by warrant reciting the accusation, must commit him to the proper custody in his county, for a time specified in the warrant, which the magistrate deems 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 offe: e, unless he give bail, as provided in the next section, or until he be legally discharged.

Conformable to 2 R. S., 3d ed., 797, sec. 39.

§ 901. The magistrate may admit the person arrested, to bail, by an undertaking, with sufficient sureties and in such sum as he deems 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.

Taken from 2 R. S., 3d ed., 797, sec. 40.

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

Taken from 2 R. S., 3d ed., 797, sec. 41.

§ 903. The district attorney must 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 therein, having jurisdiction of the offence, to the end that a demand may be made for the arrest and surrender of the person charged.

Taken from 2 R. S., 3d ed., 797, sec. 41.

§ 904. The person arrested must 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.

Taken from 2 R. S., 3d ed., 797, sec. 42.