required, that a person whose delivery is de- tion of delivery: Spear on Extradition, 268; Ex parte Thornton, 9 Tex. 635; Soloman's Case, 1 Abb. Pr., N. S., 347. Application by "fugitive from justice' for release on habeas corpus.-Where the return to a writ of habeas corpus sets forth the fact that the party is a fugitive from justice, that he was demanded as such, and was arrested and committed for the purpose of being surrendered, the only inquiry is, whether the provisions of the act of congress of 1793 have been complied with. If it appear that the papers presented to the executive, and upon which the rendition of the person as a fugitive from justice is demanded, are in form and substance sufficient to authorize the issuing of the executive warrant, the prisoner will be remanded: People v. Brady, 56 N. Y. 182; State v. Schlemn, 4 Harr. (Del.) 577; Matter of Manchester, 5 Cal. 237. On such a return being made, the facts and circumstances of the alleged offense with which the party stands charged cannot be inquired into: State v. Schlemn, 4 Harr. (Del.) 577; see Nichols v. Cornelius, 7 Ind. 611; Matter of Clark, 9 Wend. 212. Mere formal defects in the indictment will not entitle the prisoner to his discharge: Davis's Case, 122 Mass. 324. Reward cannot be recovered where the plaintiff accomplishes the required act, but without any intention of claiming the reward or any part of it: Hewitt v. Anderson, 56 Cal. 476. 1548. Fugitives from another state, when to be delivered up. SEC. 1548. A person charged in any state of the United States with treason, felony, or other crime, who flees from justice and is found in this state, must, 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. Interstate extradition: See note to previous section. Fugitives from justice-Some points of 1549. Magistrate to issue warrant. practice: See an article on this subject in 3 Crim. Law Mag. 787. SEC. 1549. A magistrate may issue a warrant for the apprehension of a person so charged, who flees from justice, and is found in this state. Arrest of fugitive from justice. The law of this state authorizing the arrest of a fugitive from justice who has fled from another state before a demand by the executive of the state from which he fled, and his detention for a reasonable time to afford an opportunity for such executive demand, is not in conflict with second section of article 4 of the constitution of the United States: Ex parte White, 49 Cal. 433; Ex parte Cubreth, Id. 435; Ex parte Rosenblat, 51 Id. 285. A person who is thus arrested is entitled to his discharge if his examination is not brought on before the magistrate within six days: Ex parte Rosenblat, supra. Warrant for arrest.-Before a magistrate has any authority to issue a warrant for the arrest of a fugitive from justice who has fled from another state, there must be filed in his office a complaint, under oath, setting forth three things: 1. That a crime has been committed; 2. That the accused has been charged in the foreign state with the commission of such crime; 3. That he has fled from justice, and is found within this state: Matter of Heyward, 1 Sandf. 701; Matter of Leland, 7 Abb. Pr., Ñ. S., 64. The warrant issued for the arrest of such persons is similar in all respects to those issued against persons charged with public offenses committed within the territorial limits of the state. Both, to be valid, should specify the offense alleged to have been committed by the accused; stating that the accused is a fugitive from justice is insufficient: Ex parte Cubreth, 49 Cal. 437; see People v. Brady, 56 N. Y. 182; Ex parte Pfitzer, 28 Ind. 450. 1550. Proceedings for arrest and commitment of person charged. SEC. 1550. 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. When and for what time to be committed. SEC. 1551. 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. His admission to bail. SEC. 1552. 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. Magistrate must notify district attorney of arrest. SEC. 1553. Immediately upon the arrest of the person charged, the magistrate must give notice thereof to the district attorney of the county. 1554. Duty of the district attorney. SEC. 1554. The district attorney must immediately thereafter give notice to the executive authority 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 surrender of the person charged. 1555. Person arrested, when to be discharged. SEC. 1555. The person arrested must be discharged 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. Executive warrant.-The warrant of the governor issued for the arrest of a fugitive from justice, who has fled from another state, is prima facie evidence that all necessary legal requisites have been complied with, and if the previous proceedings are regular, is conclusive evidence of the right to remove the prisoner to the state from which he fled: Davis's Case, 122 Mass. 324; Brown's Case, 112 Id. 409. 1556. Magistrate to return his proceedings to superior court. SEC. 1556. The magistrate must return his proceedings to the superior 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 of his arrest has not elapsed, it may discharge him from detention, or may order his undertaking of bail 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 specified in the undertaking. [Amendment, approved April 12, 1880; Amendments 1880, 35 (Ban. ed. 202); took effect immediately.] 1557. Fugitives from this state. SEC. 1557. 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, demands from the executive authority of any state of the United States, or of any foreign government, the surrender to the authorities of this state of a fugitive from justice, who has been found and arrested in such state or foreign government, 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. Interstate extradition: See note to section 1547. 1558. No fee or reward to public officer procuring surrender of fugitives, etc. SEC. 1558. No compensation, fee, or reward of any kind can be paid to or received by a public officer of this state, or other person, for a service rendered in procuring from the governor the demand mentioned in the last section, or the surrender of the fugitive, or for conveying him to this state, or detaining him therein, except as provided for in such section. Object of chapter.-"N. Y. Cr. Pr., sec. 907. This chapter is designed to regulate a very important branch of criminal practice. The power to demand a fugitive from justice is one of the most delicate acts of sovereign authority, and should only be exercised in cases where the public welfare demands it. The cases in which its exercise is most frequently called for, though falling within the legal definition of public offenses, are rather of a private than a public character, such as false pretenses, and the like; and it is well known that the executive has always been in the habit of scrutinizing them with great jealousy. And in these cases a large portion, if not a majority, of the applications for the exercise of this high prerogative on the part of the governor are made, not directly by the public authorities, but by the private party on whose complaint the prosecution is instituted. They are informed, moreover, that it has been the practice of those who have filled the executive chair, in some, if not in all, instances of public prosecutions for this offense, to require that the party on whose application the requisition is granted bear the expense of its execution. This practice has no doubt proceeded upon the principle that these prosecutions are so far of a private character as to justify the executive in imposing this condition, with a view to save the public treasury from an unnecessary burden. Whatever may be the reason for it, the commissioners are constrained to believe that it should not exist. Its tendency is to convert the officer with whom the requisition is intrusted rather into a private than a public agent. It has frequently happened that the person to whom the requisition has been delivered has gone with it to a remote state on the strength of its possession, has negotiated for settlement of the debt out of the fraudulent contraction of which it arose, and, holding it as a rod over the party, has wrung from his fears a compromise of the prosecution. Nor is this to be wondered at. Prosecutions of this nature seldom spring from the mere love of justice, but ordinarily are rather prompted by a spirit of revenge, or what is, perhaps, more frequently the case, of cupidity. The officer, therefore, who takes the requisition, at the expense of a private party, will naturally act for the promotion of the interests of his employer rather than from the mere desire to enforce, in his public relation, the process of the law. He will do this, from no motive corrupt in itself, perhaps, but because his own interests are equally involved in the success of a compromise with those of his employer. The commissioners do not propose to restrict, in any degree, the discretion of the executive, or the manner of its exercise, in this or any other criminal case. But, believing as they do that the highest considerations of policy require the exclusion of every motive of private interest in the execution of this more than in that of any other legal process, they propose by this chapter that where a requisition is granted it shall be executed, as it is presumed to be issued, for the public good alone, and that the public treasury shall, therefore, answer for its execution; and that the officer to whom it is intrusted shall be prohibited, under the penalty of a misdemeanor (see sec. 144), from receiving any compensation, fee, or reward for any act or service in respect to it, except as provided for in section 1558:" Code commissioners' note. CHAPTER V. MISCELLANEOUS PROVISIONS RESPECTING SPECIAL PROCEEDINGS OF A CRIMINAL NATURE. 1562. Parties to special proceedings, how designated. SEC. 1562. The party prosecuting a special proceeding of a criminal nature is designated in this code as the complainant, and the adverse party as the defendant. 1563. Entitling affidavits. SEC. 1563. The provisions of section fourteen hundred and one, in respect to entitling affidavits, are applicable to such proceedings. 1564. Subpoenas. SEC. 1564. The courts and magistrates before whom such proceedings are prosecuted may issue subpoenas for witnesses, and punish their disobedience in the same manner as in a criminal action. TITLE XIII. PROCEEDINGS FOR BRINGING PERSONS IMPRISONED IN THE 1567. Persons imprisoned in state prison or jail of another county, how brought SEC. 1567. When it is necessary to have a person imprisoned in the state prison brought before any court, or a person imprisoned in a county jail brought before a court sitting in another county, an order for that purpose may be made by the court, and executed by the sheriff of the county where it is made. TITLE XIV. DISPOSITION OF FINES AND FORFEITURES. 1570. Fines and forfeitures, how disposed of. SEO. 1570. All fines and forfeitures collected in any court, except police courts, must 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 must be paid to the county treasurer of the county in which the court is held. [Amendment, approved March 30, 1874; Amendments 1873-4, 454; took effect July 1, 1874.] The foregoing amendment, and most of the other amendments and new sections to the Penal Code, are taken from "An act to amend the Penal Code," approved March 30, 1874; Repealing clause, etc. Amendments 1873-4, 419. The amendatory SEC. 88. All provisions of law inconsistent with the provisions of this act are repealed, except as to offenses committed before this act takes effect, and as to such offenses, and for the punishment of parties guilty thereof, the repealed provisions shall continue in force. SEC. 89. This act shall take effect on the first day of July, one thousand eight hundred and seventy-four. See section 1457 and construction of these two sections, and of the act of April 1, 1880, in County of Los Angeles v. City of Los Angeles, 338 3 West Coast Rep. 441, approved in Los An- PART III. OF THE STATE PRISON AND COUNTY JAILS. TITLE I. OF THE STATE PRISON, AND THE DISCHARGE OF PRISONERS THEREFROM BEFORE THEIR TERM OF SERVICE EXPIRES. CHAPTER I. OF THE STATE PRISON.... ... 1573 II. OF THE DISCHARGE OF PRISONERS BEFORE THE EXPIRATION OF CHAPTER I. OF THE STATE PRISON. 1573. Under the charge and control of a board of directors. 1590 SEO. 1573. The state prison is under the charge, control, and superintendence of a board of directors, consisting of the governor, lieutenant-governor, and secretary of state. Statutes in regard to state prisons: See post, sec. 1595, in note. 1574. President pro tem. of senate, when to act as director, etc. SEO. 1574. In case of a vacancy in the office of lieutenant-governor, the president pro tem. of the senate may perform the duties and receive the compensation provided for the lieutenant-governor. 1575. Compensation of directors. SEC. 1575. The board of directors are to receive the sum of seventy-five dollars per month, each, for expenses incurred by them; in addition to which, the lieutenant-governor is paid the sum of ten dollars per day for each day's services rendered in the performance of any duty at the prison. 1576. Board must adopt rules and regulations. SEO. 1576. The board must adopt rules and regulations for the discipline of prisoners and the government of the prison, which rules must be printed, and copies thereof furnished to every officer appointed by the board. 1577. Board may appoint warden and other officers. SEC. 1577. The board may appoint a warden, clerk, and such other officers as may be necessary for the management and safe-keeping of the prisoners. 1578. Duties of clerk and other officers. SEC. 1578. The clerk must keep a record of the transactions of the board, and he and the warden, and other officers appointed, must perform such other duties as are required by the board or the rules and regulations adopted thereby. 1579. Monthly reports of officers. SEO. 1579. The warden and other officers appointed must make a monthly report to the board, which must contain a statement of business done and transactions had in their several departments. |