SECTION 1549. Magistrate to issue warrant. 1547. 1550. Proceedings for the arrest and commitment of the per son charged. 1551. When and for what time to be committed. 1552. His admission to bail. 1553. Magistrate must notify District Attorney of the arrest. 1554. Duty of the District Attorney. 1555. Person arrested, when to be discharged. 1556. Magistrate to return his proceedings to the next County Court. Proceedings thereon. 1557. Fugitives from this State. Accounts of persons employed in procuring surrender to be paid out of the State Treasury. 1558. No fee or reward to be paid to or received by any public officer procuring the surrender of fugitives, etc. The Governor may offer a reward, not exprehension ceeding one thousand dollars, payable out of the General Fund, for the apprehension: Rewards for the ap of fugitives . from justice. Fugitives from another 1. Of any convict who has escaped from the State Prison; or, 2. Of any person who has committed, or is charged with the commission of, an offense punishable with death. NOTE.-Founded upon the Act concerning rewards (Stats. 1851, p. 443). 1548. (§ 665.) A person charged in any State of the United States with treason, felony, or other crime, to be deliv- who flees from justice and is found in this State, must, State, when ered up. on demand of the executive authority of the State from which he fled, be delivered up by the Governor of this State, to be removed to the State having jurisdiction of the crime. NOTE.-Ex Parte James and George Watson, 2 Cal., p. 59. The former law was: "That a person charged in any State or Territory," etc. The word Territory has been omitted since the word State is defined in Subd. 18 of Sec. 7 of this Code so as to include Territory. See Matter of Romain, 23 Cal., p. 591, where it was held that the omission of the word "Territory" in the Federal Constitution (Art. IV, Sec.) had the offect of limiting the application of the clause referring to "fugitives from justice from other State" to criminals fleeing from one "State" to another "tate," and not to those fleeing from a "Territory" to a State. Sec. 7 of this Code makes this section (1548) applicable to fugitives from Territories as well as States. In the Matter of Romain the Court say: "A question has been raised that Congress had no power to pass the Act relating to the rendition of fugitives from justice, and if they have, it is confined, under the provision in the National Constitution, to fugitives escaping from one 'State' to another 'State,' and does not extend to fugitives fleeing from a Territory.' The clause of the National Constitution thus brought in question is as follows: "A person charged in any State with treason, felony, or other crime, who shall flee from justice, and be found in another State, shall, on demand of the executive authority of the State from which he fled, be delivered up, to be removed to the State having jurisdiction of the crime." It will be noticed that Congress is not referred to in this clause, nor is any power over the matter conferred upon that body. In the same Article in which it is found several important subjects are treated of, over some of which power is conferred upon Congress, and in others not. Thus, in regard to the public acts, records, and judicial proceedings of the States, the admission of new States, the disposal of the territory and other property of the United States, and the guaranty of a republican form of government to each State, full power over these subjects is directly conferred upon Congress; but as to all other matters in that Article, including the clause in question, no power is conferred upon Congress. They stand as solemn compacts between the States, to be enforced by State legislation or by judicial action. They are, to a great extent, a recognition of rights founded upon principles of international law, but which were, under that law, often deemed more a matter of comity than of absolute right, except the provision respecting the rights of citizenship, which go beyond any rule of international law. Upon this very subject of the surrender of fugitives from justice fleeing from one State or nation to another, under the rules of international law, it has been a question very fully and ably discussed by public writers whether such surrender was a matter of right and duty or merely of comity.--Story on Conflict of Laws, Secs. 626-628. This was deemed too important a question to leave unsettled, and the framers of our national Constitution wisely inserted the clause referred to, making it no longer a matter of mere comity, subject to the pleasure of each State, but an absolute right and duty. This provision being a part of the supreme law of the land, it is a part of the law of each State, and State officers whose duty it is to adjudicate or execute the laws are governed by it the same as by every other law in force. A Court of general original jurisdiction, exercising the usual powers of a common law Court, ifully competent to hear and determine all matters, and to issue all necessary writs for the arrest and transfer of a fugitive criminal to the authorized agent of the State from whence he fled. Where a right is established by law, such Courts can apply the appropriaz remedy and issue the necessary writs without special legislation. It may be considered doubtful whether the transfer of this power from the Courts to the Governor of the State is an act of wisdom. Certainly Courts of justice are more competent to adjudicate the difficult and perplexing questions which often arise in such cases than the Governor.-Matter of Romaine, 23 Cal.. p. 589. The Courts possess no power to control the executive discretion in surrendering fugitives from justice, nor can they compel a surrender in such case; yet, the Executive having acted, that discretion may be examined into in every case where the liberty of the subject is involved.-Matter of Manchester, 5 Cal., p. 23. The Governor of the State issuing the requisition for the fugitive is the only proper judge of the authenticity of the affidavit, and the Judge, on habeas corpus, cannot go behind his action to inquire whether the affidavit was a forgery.-Matter of Manchester, 5 Cal., p. 23. . AFFIDAVIT. It is not necessary that the affidavit upon which the requisition issued should set forth the crime charged, with all the legal exactness necessary to be observed in an indictment. If it distinctly charge the commission of an offense it is all that is necessary. In the Matter of Manchester on Habeas Corpus, 5 Cal., p. 23. It is not necessary that the affidavit should state that the prisoner is a "fugitive from justice." The allegation that he committed the crime, and then secretly fled, is sufficient to deduce the conclusion that he is a fugitive from justice.-Matter of Manchester, 5 Cal., p. 23. The Judiciary have power to investigate on habeas corpus cases where a party is arrested as a fugitive from justice from another State. Matter of Manchester, 5 Cal., p. 237. to issue 1549. (§ 666.) A magistrate may issue a warrant Magistrate for the apprehension of a person so charged, who flees warrant. from justice and is found in this State. NOTE.-See note to Sec. 1548. 1550. ($667.) The proceedings for the arrest and commitment of a 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 offense committed in this State, except that an exemplified copy of an indictment found, or other judicial proceedings had against him in the State in which he is charged to have committed the offense, may be received as evidence before the magistrate. 1551. (§ 668.) If, from the examination, it appear that the accused has committed the crime alleged, the magistrate, by warrant reciting the accusation, must commit him to the proper custody in his county, for such time, to be specified in the warrant, as 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 in which he committed the offense, unless he gives bail as provided in the next section, or until he is legally discharged. 1552. (§ 669.) The magistrate may admit the person arrested to bail by an undertaking with sufficient securities, 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 arrest upon the warrant of the Governor of this State. 1553. (§ 670.) Immediately upon the arrest of the person charged, the magistrate must give notice thereof to the District Attorney of the county. Duty of the District 1554. (§ 671.) The District Attorney must immediately thereafter give notice to the executive authority Attorney. Person arrested, discharged of the State, or to the Prosecuting Attorney or presid ing Judge of the Court of the city or county within the State having jurisdiction of the offense, to the end that a demand may be made for the arrest and surren der of the person charged. 1555. (§ 672.) The person arrested must be diswhen to be charged from custody or bail, unless, before the expiration of the time designated in the warrant or undertaking, he is arrested under the warrant of the Governor of this State. Magistrate to return his proceedings to the next County Court. Proceedings thereon. Fugitives from this State. 1556. (§ 673.) The magistrate must return his proceedings to the next County Court of the county, which must thereupon inquire into the cause of the arrest and detention of the person charged, and if he is in custody, or the time or arrest has not elapsed, it may discharge him from detention, or may order his undertaking of baj to be canceled, or may continue his detention for a longer time, or readmit him to bail, to appear and surrender himself within a time to be specified in the undertaking. 1557. (§ 674.) When the Governor of this State, in the exercise of the authority conferred by Section 2, Article IV of the Constitution of the United States, or by the laws of this State, demands from the executive authority of any State of the United States, or of any foreign Government, the surrender to the authorities of Accounts of this State of a fugitive from justice, who has been found and arrested in such State or foreign Governsurrender ment, the accounts of the person employed by him to bring back such fugitive must be audited by the Board of Examiners, and paid out of the State Treasury. persons employed in procuring to be paid out of the State Treasury. NOTE.-Stats. 1854, p. 169; State Const Art. IV, Sec. 2. The fact that a fugitive from justice had not been heard of for sixteen months, and tha he was a passenger on a particular vessel, and the vessel and |