§ 810. Depositions, search warrant, et cetera, to be returned to county court or city court having jurisdiction, et cetera. The magistrate must annex together the depositions, the search warrant and return and the inventory, and return them to the next county court of the county, or city court, having power to inquire into the offense in respect to which the search warrant was issued, by the intervention of a grand jury, at or before the opening of the first day. Am'd L. 1895, ch. 880. § 811. Maliciously and without probable cause, procuring search warrant, a misdemeanor. A person, who maliciously and without probable cause, procures a search warrant to be issued and executed, is guilty of a misdemeanor. § 812. Peace officer, exceeding his authority. A peace officer, who, in executing a search warrant, willfully exceeds his authority, or exercises it with unnecessary severity, is guilty of a misdemeanor. Same provision. Penal Code, § 120. 813. Person charged with felony supposed to have a dangerous weapon. When a person charged with a felony is supposed by the magistrate before whom he is brought, to have upon his person a dangerous weapon, or anything which may be used as evidence of the commission of the offense, 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 the order of the court in which the defendant may be tried. 249 TITLE III. Of the Outlawry of Persons Convicted of Treason. Sec. 814. When application for outlawry may be made. 815. On what proof to be made. 816. Order that the defendant appear to receive judgment, or be outlawed. 817. Publication of order. 818. Judgment on appearance of defendant, or on his not appearing. 820. Filing judgment-roll and transcripts thereof. 821. Judgment-roll, of what to consist. 822. Appeal may be at any time taken, by defendant, from judgment. 823. Appeal, how taken, and proceedings thereon. 824. Effect of reversal. 825. Defendant may be arrested to receive judgment, notwithstanding outlawry. 826. No other proceeding for outlawry in criminal cases allowed. § 814. When application for outlawry may be made. When, upon a bench warrant issued for the apprehension of a person who has pleaded guilty, or against whom a verdict has been rendered, upon an indictment for treason, it is duly returned that the defendant cannot be found, the district attorney of the county may apply to the court in which the conviction was had, for judgment of outlawry. § 815. On what proof to be made. The application must be founded upon the return of the bench warrant, and upon proof, by affidavit, that the defendant has escaped, and on diligent search cannot be found within the county. § 816. Order that the defendant appear to receive judgment, or be outlawed. The court, upon being satisfied that the defendant has escaped, and cannot, upon diligent search, be 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. 817. Publication of order. 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. § 818. Judgment on appearance of defendant, or on his not appearing. 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 judg ment that the defendant be outlawed, and that all his civil rights be forfeited. § 819. Effect of the judgment. 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 seized in his own right, at the time of committing the treason, or at any time thereafter, and all his personal property. § 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. § 821. Judgment-roll, of what to consist. The judgment-roll consists of the several matters prescribed in section 485, 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. § 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. § 826. No other proceeding for outlawry in criminal cases allowed. No other proceeding for the outlawry of the defendant in a criminal action, can be had than that provided in this title. 251 TITLE IV. Of Proceedings Against Fugitives from Justice. Chap. 1. Fugitives from another state or territory, into this state. CHAPTER I. Fugitives from Another State or Territory, into this State. Sec. 827. To be delivered up by the governor, on demand, et cetera. $2. Proceedings for arrest and commitment of the person charged. 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 proceeding to the next court of sessions. Proceedings thereon, § 827. To be delivered up by the governor, on demand, et cetera. 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 may designate to act under their direction, shall be competent to make service of or execute the same. The 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 proceedings 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, or a county judge, 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 said warrant 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 aforedescribed, 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 |