the officers mentioned in its directions, but by no other person except in aid of the officer on his requiring it, he being present and acting in its execution.

SEC. 650. The officer may break open any outer or inner door or The like, window of a house or any part of a house, or anything therein to execute the warrant, if after notice of his authority and purpose he be refused admittance.

SEC. 651. He may break open any outer or inner door or window The like. of a house for the purpose of liberating a person who, having entered to aid him in the execution of the warrant, is detained therein, or when necessary for his own liberation.

to be served.

SEC. 652. The magistrate must insert a direction in the warrant When that it be served in the daytime, unless the affidavits be positive that the property is on the person, or in the place to be searched, in which case he may insert a direction that it be served at any time of the day or night.

warrant.

SEC. 653. A search warrant must be executed and returned to the Return of magistrate who issued it within five days after its date, and if in any other county, within thirty days; after the expiration of these times, respectively, the warrant shall, unless executed, be void.

property taken.

SEC. 654. When the officer shall have taken any property under Receipt for the warrant, he must give a receipt for the property taken (specifying it in detail) to the person from whom it was taken by him, or in whose possession it was found; or, in the absence of any person, he shall leave it in the place where he found the property.

property.

SEC. 655. When the property is delivered to the magistrate, he Disposition of shall, if it was stolen or embezzled, dispose of it as provided in sections six hundred and three to six hundred and seven, both inclusive.

SEC. 656. The officer shall forthwith return the warrant to the Inventory of property taken. magistrate, and at the same time deliver to him a written inventory of the property taken, made publicly or in the presence of the person from whose possession it was taken, and of the applicant for the warrant, if they be present, verified by the affidavit of the officer at the foot of the inventory, and taken before the magistrate at the time, to the following effect: "I, R. S., the officer by whom the annexed warrant was executed, do swear that the above inventory contains a true and detailed account of all the property taken by me on the warrant."

inventory to

SEC. 657. The magistrate shall thereupon, if required, deliver a Copy of copy of the inventory to the person from whose possession the prop- defendant. erty was taken, and to the applicant for the warrant.

SEC. 658. If the grounds on which the warrant was issued be controverted, he must proceed to take testimony in relation thereto. SEC. 659. The testimony given by each witness must be reduced to writing, and certified by the magistrate.

SEC. 660. If it appear that the property taken is not the same as that described in the warrant, or that there is no probable cause for believing the existence of the grounds on which the warrant was issued, the magistrate shall cause it to be restored to the person from whom it was taken.

SEC. 661. The magistrate shall annex together the depositions, the search warrant and return, and the inventory, and return them to the next term of the court of sessions, having power to inquire into the offences, in respect to which the search warrant was issued, at or be. fore its opening on the first day.

SEC. 662. Whoever shall maliciously and without probable cause procure a search warrant to be issued and executed, shall be deemed guilty of a misdemeanor, and on conviction thereof, shall be fined in a sum not exceeding five thousand dollars, or imprisonment not more than six months.

SEC. 663. A peace officer who in executing a search warrant shall wilfully exceed his authority, or exercise it with unnecessary severity, shall be deemed guilty of a misdemeanor, and punished as in the next preceding section is provided.

SEC. 664. When a person charged with a felony is supposed by the magistrate before whom he is brought to have on his person a dangerous weapon or anything which may be used in evidence of the commission of the offence, the magistrate may direct him to be searched in his presence, and the weapon or other thing to be retained, subject to his order, or to the order of the court, in which the defendant may be tried.

Fugitives may be

delivered up.

Apprehension

of fugitive.

TITLE II.

OF PROCEEDINGS AGAINST FUGITIVES FTOM JUSTICE.

SECTION 665. 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, 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.

SEC. 666. A magistrate may issue a warrant for the apprehension of a person so charged, who shall flee from justice, and be found in

this state.

arrest.

SEC. 667. The proceedings for the arrest and commitment of the Proceedings for person charged, shall be in all respects similar to those provided in this act for the arrest and commitment 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 evidence before the magistrate. SEC. 668. If from the examination it appear that the person Commitment charged has committed 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.

of fugitive.

to bail.

SEC. 669. The magistrate may admit the person arrested to bail May be admitted by recognizance with sufficient securities, and in such sum as he may deem proper, for his appearance before him at a time specified in the recognizance, and for his surrender to be arrested upon the warrant of the governor of this state.

give notice

SEC. 670. Immediately upon the arrest of the person charged, the Magistrate to magistrate shall give notice to the district attorney of the county, of the name of the person, and the cause of the arrest.

to authorities

jurisdiction.

SEC. 671. The district attorney shall immediately thereafter give Notice notice to the executive authority of the state or territory, or to the having 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.

to be discharged.

SEC. 672. The person arrested shall be discharged from custody or when fugitive bail, unless, before the expiration of the time designated in the warrant or recognizance, he be arrested under the warrant of the governor of this state.

proceedings to

SEC. 673. The magistrate shall make return of his proceedings to Return of the next court of sessions of the county, which shall thereupon in- sessions. quire 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, the court may discharge him from detention, or may order his recognizance of bail to be cancelled, or may continue his detention for a longer time, or may readmit him to bail, to appear and surrender himself within a time to be specified in the recognizance.

Expense

of demanding fagitive

SEC. 674. When the governor of this state, in the exercise of the authority conferred by section two, article four, 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.

What offences may be

compromised.

Order after compromise.

Bar to future prosecution.

What not to be compromised.

Fines, &c., how applied.

TITLE III.

OF PROVISIONS APPLICABLE TO CRIMINAL PROCEEDINGS GENERALLY.

CHAPTER I.

COMPRISING CERTAIN PUBLIC OFFENCES, BY LEAVE OF THE COURT.

SECTION 675. When a defendant is held to answer on a charge of misdemeanor, for which the person injured by the act constituting the offence has a remedy by a civil action, the offence may be compromised as provided in the next section, except when it is committed: First, by or upon any officer of justice, while in the execution of the duties of his office. Second, riotously. Third, with an intent to

commit a felony.

SEC. 676. If the party injured appear before the court to which the depositions are required to be returned at any time before trial, and acknowledge in writing that he has received satisfaction for the injury, the court may, in its discretion, on payment of the costs incurred, order all proceedings to be stayed upon the prosecution, and the defendant to be discharged therefrom; but in such case the reasons for the order must be set forth therein, and entered on the minutes.

SEC. 677. The order authorized by the last section shall be a bar to another prosecution for the same offence.

SEC. 678. No public offence shall be compromised, nor shall any proceeding for the prosecution or punishment thereof upon a compromise be stayed, except as provided in this chapter.

CHAPTER II.

OF FINES AND FORFEITURES.

SECTION 679. All fines and forfeitures collected in any court of this state shall be applied to the payment of the costs of the case in which the fine is imposed, or the forfeiture incurred, and after such costs are paid, the residue shall be paid to the county treasurer of the county in which the court is held.

neglecting to

fines, etc.

SEC. 680. If any clerk, justice of the peace, sheriff, constable, or Officer, etc., other officer who may receive any fine or forfeiture, shall refuse or account for neglect to pay over the same according to law, and within thirty days after the receipt thereof, he shall be liable upon his official bond for the amount thereof, with fifty per cent. damages and interest, to be recovered in like manner as for failing to pay over money received on execution, and shall be deemed guilty of a misdemeanor, and, on conviction, may be fined in any sum not exceeding five hundred dollars, or by imprisonment not exceeding three months.

CHAPTER III.

MISCELLANEOUS PROVISIONS.

SECTION 681. The term "oath" where used in this act shall be "Oath” defined. deemed to include an affirmation.

SEC. 682. When a signature of a person is required by this act, the signature. mark of the person, if he cannot write, shall be deemed sufficient, the

name of the person making the mark being written near it, and the mark being witnessed by a person who writes his own name as a witness.

bring prisoner

SEC. 683. When it is necessary for any purpose to have a person Order to who is in prison in any part of the state brought before a court of before court. criminal jurisdiction, an order for that purpose may be made by the court, and the order shall be executed by the sheriff of the county where it is made.

SEC. 684. Process issued by a court or magistrate shall be executed Execution of according to its terms.

process.

defined.

SEC. 685. The term "magistrate" when used in this act, signifies "Magistrate" any of the officers mentioned in section one hundred and third. SEC. 686. The term "peace officer" when used in this act, signifies" Peace officer " any one of the officers mentioned in section one hundred and tenth.

PART VII.

OF THE COSTS IN CRIMINAL ACTIONS AND PROCEEDINGS.

defined.

SECTION 687. The only costs or fees allowed in a criminal action Costs and fees. or proceeding shall be such as are prescribed by this act.

SEC. 688. The magistrate, if he be a justice of the peace, or a Of magistrates. mayor, or a city recorder, may receive for all the proceedings before him, to and including his decision upon the question of discharging the defendant or holding him to answer, three dollars; for taking bail after a commitment by another magistrate, one dollar.

SEC. 689. The clerk may receive on the trial of an issue, where the of clerks.