render judgment that the defendant be outlawed, and that all his civil rights be forfeited. Id., §§ 32., 33. § 819. Effect of the judgment. The defendant is thereupon deemed civilly dead, and forfeits to the people of this state, during his life-time, and no longer, all freehold estate in real property, of which he was seized in his own right, at the time of committing the treason, or at any time thereafter, and all his personal property. See Penal Code, § 710. $820. Filing judgment roll, and transcripts thereof.-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. Id., §35. § 821. Judgment roll, of what to consist.-The judgment roll consists of the several matters prescribed in section four hundred and eighty-five, 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. §822. Appeal may be at any time taken by defendant from judgment.-An appeal may be taken by the defendant, at any time, from a judgment of outlawry. Id., § 36. § 823. Appeal, how taken, and proceedings thereon.-The appeal may be taken in person or by counsel, in the same manner, and the proceedings thereon are the same as upon an appeal from a judgment of conviction on an indictment. § 824. Effect of reversal.-If the judgment be reversed on appeal, the defendant is restored to his civil rights. § 825. Defendant may be arrested to receive judgment, notwithstanding outlawry. - Notwithstanding judgment of outlawry against the defendant, he may be arrested at any time thereafter to receive judgment upon the conviction. Id., § 37. cases § 826. No other proceeding for outlawry in criminal allowed. -No other proceeding for the outlawry of the defendant in a criminal action can be had than that provided in this title. Id., § 38. TITLE IV. OF PROCEEDINGS AGAINST FUGITIVES FROM JUSTICE. CHAPTER I. Fugitives from another state or territory, into this state. CHAPTER I. FUGITIVES FROM ANOTHER STATE OR TERRITORY INTO THIS STATE. SECTION 827. To be delivered up by the governor, on demand of the executive authority of the state or territory from which they have fled. 828. Magistrate to issue warrant. 829. Proceedings for arrest and commitment of the person charged. 830. When, and for what time to be committed. 831. His admission to bail. 832. Magistrate to give notice to the district attorney, of the name of the person and the cause of his arrest. 833. District attorney to give notice to executive authority of the state or territory, etc. 834. Person arrested to be discharged, unless surrendered within the time limited. 835. Magistrate to return his proceedings to the next court of sessions proceedings thereon. § 827. (Amended 1886.) To be delivered up by the governor on demand of the executive authority of the state or territory from which they have fled.-It shall be the duty of the governor, in all cases where, by virtue of a requisition made upon him by the governor of another state or territory any citizen, inhabitant or temporary resident of this state is to be arrested, as a fugitive from justice (provided that said requisition be accompanied by a duly certified copy of the indictment or information from the authorities of such other state or territory, charging such person with treason, felony or crime in such state or territory), to issue and transmit a warrant for such purpose to the sheriff of the proper county or his under sheriff, or in the cities of this state (except in the city and county of New York, where such warrant shall only be issued to the superintendent or any inspector of police) to the chiefs, inspectors or superintendents of police, and only such officers as are above mentioned, and such assistants as they many designate to act under their direction shall be competent to make service of or execute the same. governor may direct that any such fugitive be brought before him, and may for cause, by him deemed proper, revoke any warrant issued by him, as herein provided. The officer to whom is directed and intrusted the execution of the governor's warrant must, within thirty days from its date, unless sooner requested, return the same and make return to the governor of all his pro The ceedings had thereunder, and of all facts and circumstances relating thereto. Any officer of this state, or of any city, county, town or village thereof, must, upon request of the governor, furnish him with such information as he may desire in regard to any person or matter mentioned in this chapter. 2. Before any officer to whom such warrant shall be directed or intrusted shall deliver the person arrested into the custody of the agent or agents named in the warrant of the governor of this state, such officer must, unless the same be waived, as hereinafter stated, take the prisoner or prisoners before a judge of the supreme court, of any superior city court, or the presiding judge of a court of session who shall, in open court if in session, otherwise at chambers, inform the prisoner or prisoners of the cause of his or their arrest, the nature of the process, and instruct him or them that if he or they claim not to be the particular person or persons mentioned in said requisition, indictment, affidavit or warrant annexed thereto, or in the warrant issued by the governor thereon, he or they may have a writ of habeas corpus upon filing an affidavit to that effect. Said person or persons so arrested may, in writing, consent to waive the right to be taken before said court or a judge thereof at chambers. Such consent or waiver shall be witnessed by the officer intrusted with the execution of the warrant of the governor, and one of the judges aforesaid or a counselor at law of this state, and such waiver shall be immediately forwarded to the governor by the officer who executed said warrant. If, after a summary hearing as speedily as may be consistent with justice. the prisoner or prisoners shall be found to be the person or persons indicted or informed against, and mentioned in the requisition, the accompanying papers and the warrant issued by the governor thereon, then the court or judge shall order and direct the officer intrusted with the execution of the said warant of the governor to deliver the prisoner or prisoners into the custody of the agent or agents designated in the requisition and the warrant issued thereon, as the agent or agents upon the part of such state to receive him or them; otherwise to be discharged from custody by the court or judge. If upon such hearing the warrant of the governor shall appear to be defective or improperly executed, it shall be by the court or judge returned to the governor, together with a statement of the defect or defects, for the purpose of being corrected and returned to the court or judge, and such hearing shall be adjourned a sufficient time for the purpose, and in such interval the prisoner or prisoners shall be held in custody until such hearing be finally disposed of. 3. It shall not be lawful for any person, agent or officer to take any person, or persons out of this state, upon the claim, ground or pretext that the prisoner or prisoners consent to go, or by reason of his or their willingness to waive the proceedings afore described and any officer, agent, person or persons who shall procure, incite or aid in the arrest of any citizen, inhabitant or temporary resident of this state, for the purpose of taking him or sending him to another state, without a requisition first duly had and obtained, and without a warrant duly issued by the governor of this state, served by some officer as in this section provided, and without, except in case of waiver in writing as aforesaid, taking him before a court or judge as aforesaid, unless in pursuance to the provisions of the following sections of this chapter, and any officer, agent, person or persons who shall by threats of undue influence, persuade any citizen, inhabitant or temporary resident of this state to sign the waiver of his right to go before a court or judge as hereinbefore provided, or who shall do any of the acts declared by this chapter to be unlawful, shall be guilty of a felony, and upon conviction be sentenced to imprisonment in a state prison or penitentiary for the term of one year. 4. Any willful violation of this act by any of the above-named officers shall be deemed a misdemeanor in office. (a) A fugitive from justice enticed into this state by fraud.—A fugitive from justice, who without force, has been enticed into this state by false and fraudulent representations on the part of the complainant, or some interested person, comes voluntarily within this state, may be arrested, and extradited from this state to the one from which he originally fled. (Matter of Brown. 4 N. Y. Cr. R. 576.) (b) The legality of the imprisonment to which it is sought to return him, cannot be raised.—When a fugitive from justice has been arrested on the Governor's warrant, the legality of the imprisonment to which it is sought to return him, cannot be raised on habeas corpus. (People ex rel. McCoy v. Warden of the City Prison. 3 N. Y. Cr., R. 370.) (c) The only questions open to inquiry.-The only questions to be determined upon the return of the writ of habeas corpus, where the warrant of the executive is sufficient on its face, are whether the relator is the person against whom the warrant is issued and whether he is as a matter of fact a fugitive from justice from the state demanding his return. (I). (d) The presence of the accused in the demanding state at time of commission of the crime a jurisdictional fact which must be found. -The extradition will not be ordered of a person who was not actually present in the state, where he is alleged to have committed the crime, at the time of the commission thereof, and who has not actually fled from the justice of that state, and who is not found as a fugitive in this state. (Matter of Mitchel, 4 N. Y. Cr. R., 596.) (e) Constructive presence not recognized.-The doctrine of being constructively present in the state where the offence was committed, is not recognized in this state. (Ib.) (f) Prevalence of the usage.-The law of nations requires that fugitives from justice, charged with felony or other high crimes, who have fled into a friendly jurisdiction, should be delivered up to proper authorities of the government from which they have escaped, upon such evidence of guilt, as would require their commitment for trial, had the crime been perpetrated in their state. (Matter of Washburn, 4 Johns, Ch., 106; 3 Wh. Cr. Cas. 473.) (g) Fugitive from justice must be demanded promptly. An alleged fugitive from justice, if not demanded in a reasonable time by the execu tive of the state from which he fled, will be discharged from arrest. (People V. Goodhue, 2 Johns. Ch., 198; 1 Wh. Cr. Cas., 427; Ex parte Washburn, 4 Johns. Ch., 106.) § 828. (Amended 1886.) Magistrate to issue warrant.—A magistrate may issue a warrant as a preliminary proceeding to the issuing of a requisition by the governor of another state or territory upon the governor of this state for the apprehension of a person charged with treason, felony or other crime, who shall flee from justice and be found within this state. See notes under § 827 ante. § 829. Proceedings for arrest and commitment of the person charged -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 offense committed in this state; except, that an exemplified copy of an indictment found, or other judicial proceedings had against him, in the state or territory in which he is charged to have committed the offense, may be received as evidence before the magistrate. See notes under § 827, ante. (a) Proof required.-When the demand for the surrender of a fugitive from justice is supported by affidavit, no less degree of certainty is admissible than is required in an indictment for the same offense. (People v. Brady, 56 N. Y.. 182.) § 830. (Amended 1886.) When and for what time to be committed-If from the examination under such warrant, it appears probable 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, to enable an arrest of the fugitive to be made under the warrant of the governor of this state, which commitment shall not exceed thirty days exclusive of the day of arrest, on the requisition of the executive authority of the state or territory in which he is charged to have committed the offense, unless he gave bail, as provided in the next section, or until he be legally discharged. Id., § 43. (2) Must be demanded promptly.-An alleged fugitive from justice, if not demanded in a reasonable time by the executive of the state from which he fed, will be discharged from arrest. (People v. Goodhue, 2 Johs. Ch., 198; 1 Wh. Cr. Cas., 427; Ec parte Washburn, 4 Johns. Ch., 106.) (b) What evidence sufficient.-The evidence to detain a fugitive for the purpose of surrender must be such as would bring the crime within the degree necessary to be charged to authorize extradition. (Matter of Heilbonn, 1 Park, 429.) § 831. (Amended 1886.) His admission to bail.-Any judge of any court named in section eight hundred and twenty-seven may, in his discretion, 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 |