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, deinands 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.

The fact that a fugitive from justice has not been heard from for sixteen months, and that he was a passenger on a particular vessel bound for a specified port, and that neither the vessel or crew had ever been heard from, is not sufficient to raise a legal presumption of his death-8 Cal. 65.

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.

CHAPTER V.

MISCELLANEOUS PROVISIONS RESPECTING SPECIAL PROCEEDINGS OF A CRIMINAL NATURE.

$ 1562.

Parties to special proceedings, how designated.

§ 1563. Entitling affidavits.

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. The provisions of section one thousand four hundred and one, in respect to entitling affidavits, are applicable to such proceedings.

1564. The courts and magistrates before whom such proceedings are prosecuted, may issue subpœnas for witnesses, and punish their disobedience in the same manner as in a criminal action.

TITLE XIII.

Proceedings for bringing Persons imprisoned in the State Prison, or the Jail of another County, before a Court.

1567. Persons imprisoned in another county, how brought before a court.

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.

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. [Approved March 30th, 1874; in effect July 1st, 1874.]

The meaning of §§ 240, 1457, and this section, construed together, is that for the crime of assault the defendant may be fined not exceeding five hundred dollars, and in addition be adjudged to pay the costs of the proceeding; and the payment of the fine, but not of the costs, may be enforced by imprisonment-45 Cal. 146.