are 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,

the officer by whom this 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. [C. L. § 5416.

Cal. Pen. C. 1537.

5096. Who may obtain copy of inventory. The magistrate must thereupon, if required, deliver a copy of the inventory to the person from whose possession the property was taken, and to the applicant for the warrant. [C. L. $ 5417.

Cal. Pen. C. 1538.

5097. Trial of title to property. Testimony in writing. If the grounds on which the warrant was issued are controverted, the magistrate must proceed to take testimony in relation thereto. The testimony of each witness must be reduced to writing and authenticated in the manner prescribed for taking the depositions of witnesses on preliminary examination. [C. L. § 5418*.

Cal. Pen. C. 2 1539*.

Deposition of witness on preliminary examination, 4670.

5098. Id. When property to be restored. If it appears 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 must cause it to be restored to the person from whom it was taken. [C. L. § 5419.

Cal. Pen. C. 1540.

5099. Return of papers to district court, or trial. The magistrate must annex together the depositions, the search warrant, the return, and the inventory; and return them to the district court of the county before the first day of its next term; unless he has jurisdiction of the offense, in which case he must retain them and proceed to try the accused. [C. L. § 5420*.

Cal. Pen. C. 1541*.

5100. Person charged with felony to be searched. When a person charged with a felony is supposed to have on his person a dangerous weapon, or anything which may be used as evidence of the commission of the offense, the officer making the arrest shall cause him to be searched, and the weapon or other thing to be retained, subject to the order of the court in which the defendant may be tried. [C. L. § 5421.

Cal. Pen. C. ? 1542*.

Weapons taken from person arrested, 4647. Receipt for property taken, ? 5122.

5101. Procuring search warrant without cause, a crime. A person who maliciously and without probable cause shall procure a search warrant to be issued and executed, shall be deemed guilty of a misdemeanor.

N. Dak. (1895) 8479.

5102. Misconduct in serving warrant, a crime. 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. N. Dak. (1895) ? 8480.

CHAPTER 57.

FUGITIVES FROM JUSTICE.

5103. Rewards for apprehension of fugitives. The governor may offer a reward, not exceeding one thousand dollars, payable out of the state treasury, for the apprehension:

1. Of any convict who shall have escaped from the state prison; or,

2. Of any person who shall have committed, or shall be charged with the commission of a felony. [C. L. § 5273*; '96, p. 114*.

N. Dak. (1895) 8482; Cal. Pen. C. ? 1547*.

5104. Delivery of fugitive upon requisition. 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 shall have fled, be delivered over by the governor of this state, to be removed to the state or territory having jurisdiction of the crime. [C. L. § 5275*.

Con. U. S. art. 4, sec. 2; Cal. Pen. C. 1548. Section 5278, R. S. U. S., embraces every offense known to the laws of the demanding state, including misdemeanors. In re Louis Reggel, 114 U. S. 642. Same case, 8 U. 21; 28 P. 955.

Each state has the right to prescribe forms of pleading and process, subject only to the restraints of the federal constitution; consequently it may not be objected, in a case involving the surrender of a fugitive from justice, that the indictment is not technically framed, if it substantially conforms to the laws of the demanding state. Id.

The responsibility of determining whether he is a fugitive from justice rests upon the government of the state or territory in which the accused was found. If the governor's determination of that fact is subject to review upon habeas corpus, the accused should not be discharged, if the proof that he was a fugitive from justice is not as full as may possibly have been required. Id.

Fugitive not entitled to be heard on appeal. People v. Tremayne, 3 U. 331; 3 P. 85.

5105. Magistrate may issue warrant. A magistrate may issue a warrant for the apprehension of a person so charged, who shall flee from justice and be found within this state. [C. L. § 5277*.

N. Dak. (1895) 8484; Cal. Pen. C. 1549.

5106. Proceedings for arrest and commitment of fugitive. 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 or territory in which he is charged to have committed the offense, may be received as evidence before the magistrate. [C. L. § 5277*.

Mont. Pen. C. ? 2855; N. Dak. (1895) 8485; Cal. Pen. C. ? 1550.

5107. Commitment of accused to await requisition. If from the examination it appears that the accused has committed the crime alleged, the magistrate, by warrant reciting the accusation, must commit him to the proper custody of 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 or territory in which he committed the offense, unless he gives bail as provided in the next section, or until he is legally discharged. [C. L. § 5278*.

Mont. Pen. C. 2 2856; N. Dak. (1895) ? 8486; Cal. Pen. C. ? 1551.

5108. Id. Bail. The magistrate may admit the person arrested to bail by an undertaking, with sufficient sureties, in such sum as he deems proper, for his appearance before him at a time specified in the undertaking, and for his surrender, to be arrested upon the warrant of the governor of this state. $ 5279*.

Mont. Pen. C. 2857; N. Dak. (1895) 8487; Cal. Pen. C. ? 1552.

[C. L.

5109. Notice to county attorney of arrest. Immediately upon the arrest of the person charged, the magistrate must give notice to the county attorney.

Mont. Pen. C. ? 2858; N. Dak. (1895) ? 8488.

5110. Id. Duty of county attorney. The county attorney must immediately thereafter, give notice to the executive authority of the state or ter ritory, or to the prosecuting attorney or presiding judge of the criminal court of the city or county therein having jurisdiction of the offense, to the end that a demand may be made for the arrest and surrender of the person charged.

Mont. Pen. C. ? 2859; N. Dak. (1895) ¿ 8489; Cal. Pen. C. ? 1554*.

5111. Discharge of accused for lack of prosecution. 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. [C. L. § 5280*.

Mont. Pen. C. 2860; N. Dak. (1895) ? 8490; Cal. Pen. C. ? 1555.

5112. Return of magistrate. Procedure in district court. The magistrate must return his proceedings to the district 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 for his arrest has not elapsed, it may discharge him from detention, or may order his undertaking of bail to be canceled, or continue his detention for a longer time or readmit him to bail, to appear and surrender himself within a time specified in the undertaking. [C. L. § 5280*.

Mont. Pen. C. 2861; N. Dak. (1895) 8491; Cal. Pen. C. 2 1556.

5113. Fugitive given twenty-four hours to demand counsel. Habeas corpus. Any person who is arrested within this state, by virtue of a warrant issued by the governor of this state upon a requisition of the governor of any other state or territory, as a fugitive from justice, under the laws of the United States, shall not be delivered to the agent of such state or territory until notified of the demand made for his surrender, and given twenty-four hours to make demand for counsel; and should such demand be made for the purpose of suing out a writ of habeas corpus, the prisoner shall be forthwith taken to the judge of the district court, and ample time given to sue out such writ, such time to be determined by the said judge of the district court.

N. Dak. (1895) 8492.

5114. Id. Penalty for violation of last section. Any officer who shall deliver such person to such agent for extradition without first having complied with the provisions of the preceding section, shall be deemed guilty of a misdemeanor.

N. Dak. (1895) 8493.

5115. Fugitives from this state. Demand. Costs. The governor of this state may, in any case authorized by the constitution and laws of the United States, demand of the executive authority of any other state or territory within the United States, any fugitive from justice or any person charged with the commission of treason, felony, or other crime in this state, and appoint agents to receive such persons for and on behalf of this state. The account of any such agent or agents employed for such purposes must be audited by the board of examiners, and be paid out of the state treasury. N. Dak. (1895) 8494*.

5116. Id. No reward to public officer. No compensation, fee, or reward of any kind can be paid to or received by a public officer of this state, for a service rendered or expense incurred in procuring from the governor the demand mentioned in the next preceding section, or the surrender of the fugitive, or for conveying him to this state, or detaining him herein, except as provided in the next preceding section. [C. L. § 5281*.

N. Dak. (1895) 8495; Mont. Pen. C. ¿ 2863; Cal. Pen. C. ? 1558*.

5117. Id. Violation a misdemeanor. A violation of the next preceding section is a misdemeanor.

N. Dak. (1895) 8496.

CHAPTER 58.

DISPOSAL OF PROPERTY STOLEN OR EMBEZZLED.

5118. Held subject to order of magistrate.

When property alleged to have been stolen or embezzled comes into the custody of a peace officer, he must hold it subject to the order of the magistrate authorized by the next section to direct the disposal thereof. [C. L. § 5396.

Cal. Pen. C. ? 1407.

5119. Property delivered to owner. Order. Costs. On satisfactory proof of the ownership of the property, the magistrate before whom the complaint is laid, or who examines the charge against the person accused of stealing or embezzling it, must order it to be delivered to the owner, upon his paying the necessary expenses incurred in its preservation, to be certified by the magistrate. The order shall entitle the owner to demand and receive the property. [C. L. § 5397.

Cal. Pen. C. ? 1408.

5120. Id. If property stolen or embezzled comes into custody of the magistrate, it must be delivered to the owner on satisfactory proof of his title, and on his paying the necessary expenses incurred in its preservation, to be certified by the magistrate. [C. L. § 5398.

Cal. Pen. C. 1409.

If the property

5121. Sale of unclaimed property. Proceeds. stolen or embezzled is not claimed by the owner before the expiration of six months from the conviction of a person for stealing or embezzling it, the magistrate or other officer having it in custody must sell the same at public auction, as provided by law for the sale of personal property on execution, and with the proceeds pay:

1.

The expenses necessary for its preservation and sale.

2. Any balance into the county treasury of the county in which the offense shall have been committed. [C. L. § 5399.

Cal. Pen. C. 1411*.

5122. Property taken from person arrested. Duplicate receipt. When money or other property is taken from a defendant, arrested upon a charge of a public offense, the officer taking it must at the time give duplicate receipts therefor, specifying particularly the amount of money or the kind of property taken; one of which receipts he must deliver to the defendant and the other he must forthwith file with the clerk of the court to which the complaint and other papers in the case are required by law to be sent. When such property is taken by a police officer of any incorporated city, he must deliver one of the receipts to the defendant, and the other with the property, at once to the person in charge of the police office in such city. [C. L. § 5400.

Cal. Pen. C. ? 1412*.

Weapons taken from arrested person, 22 4647, 5100.

5123. Register to be kept at police station. The person having charge of the police office in any incorporated city must enter in a suitable book a description of every article of property alleged to be stolen or embezzled, and brought into the office or taken from the person of a prisoner, and must attach a number to each article, and make a corresponding entry thereof. [C. L. § 5401. Cal. Pen. C. 2 1413*.

CHAPTER 59.

JUSTICES' COURTS.

COMPLAINT, WARRANT, PLEA, AND CHANGE OF VENUE.

5124. Jurisdiction extends to county limits. In criminal cases the jurisdiction of justices of the peace extends to the limits of their respective counties. [C. L. § 5385.

Criminal jurisdiction of justices of the peace, ? 691.

5125. Requisites of complaint. Proceedings and actions before a justice's court for a public offense must be commenced by complaint under oath, setting forth the offense charged, with such particulars of time, place, person, and property as to enable the defendant to understand distinctly the character of the offense complained of, and to answer the complaint. [C. L. § 5305*.

Cal. Pen. C. ? 1426*.

Approval of county attorney as to issuance of warrant, 979, 4615. For provisions concerning complaint, warrant, arrest, preliminary examinations, etc., in cases where a justice has no jurisdiction except as a committing magistrate, 46104687. Justice may examine complainant and his witnesses, 4612.

Pleadings before a justice of the peace must contain all the material qualities of a common law pleading, and an information or complaint must show affirmatively that a crime has been committed. Ex parte Wiseman, 1 U. 39.

5126. Warrant of arrest. Form. If the justice of the peace is satisfied that the offense complained of has been committed, he must issue a warrant of arrest, which must be substantially in the following form:

STATE OF UTAH,

COUNTY OF

The state of Utah to any sheriff, constable, marshal, or policeman in this state: Complaint upon oath having been made this day before me

justice of the peace, by C D that the offense of (designating it generally) has been committed, and accusing E F thereof; you are therefore commanded to arrest the above named E F and bring him before me forthwith at (naming the place).

Witness my hand at

Cal. Pen. C. 1427*.

this

day of

A. D. 18-.

A B, Justice of the peace. [C. L. § 5306.

5127. Justice to keep docket. the justice of the peace, in which must be ings of the court therein. [C. L. § 5307.

Cal. Pen. C. 1428*.

Bail generally, 4983-5010. Arrest, 224635-4654.

Entries. A docket must be kept by entered each action, and the proceed

Docket of justice, civil procedure, ? 3757.

5128. Trial. Complaint to be read. Plea. Before the trial commences, the complaint must be distinctly read to the defendant, and he must be asked if he is designated therein by his right name, and be required to plead. N. Dak. (1895) 2 6752.

Right of accu-ed persons, Con. art. 1, secs. 7-13; ??4513-4516. In no instance shall any accused

person before final judgment be compelled to advance money or fees to secure rights guaranteed, Con. art. 1, sec. 12.

5129. Name of defendant. Four kinds of pleas. If the defendant objects that he is wrongly named in the complaint and gives his right name, the proceeding shall be amended accordingly. If he does not give his right name, he is thereafter precluded from making any objections on the grounds that he is not designated by his right name. There are four kinds of pleas to a complaint; a plea of―

3. A former judgment of conviction or acquittal of the offense charged, which may be pleaded either with or without the plea of not guilty.