$465. must proceed against him for its recovery by a civil ac- Oct. 19, 1864, tion in the name of the county. 466. Disposition of § 1673. [466.] Upon the delivery of the money to the Oct. 19, 1864, treasurer, he must place it to the credit of the county. If it be other property, he must sell it as upon execution, property. and after deducting the expenses of sale, place the proceeds to the credit of the county. $467. § 1674. [467.] If the money in the treasury be Oct. 19, 1864, claimed within six years from the date of the deposit When and thereof, by the legal representatives of the deceased, upon how money satisfactory proof thereof, the county court must order the same to be paid to such representatives. refunded. $468. Expenses of first deducted. § 1675. [468.] Before making the order provided for Oct. 19, 1864, in the last section, the county court must deduct from the amount deposited in the treasury all the expenses county to be incurred by the county in relation to the matter, and direct the remainder, if any, to be paid. $469. § 1676. [469.] If the office of coroner shall be vacant, Oct. 19, 1864, or the coroner for any reason be unable to act, or be absent from the county, any justice of the peace of the of peace to act county is authorized and required to perform the duties hereby required of such coroner. as coroner. CHAPTER XLI. OF SEARCH-WARRANTS, AND PROCEEDINGS THEREON. § 1677. Who has authority to issue search-warrant. § 1678. Upon what grounds search-warrant may issue. § 1688. Magistrate to give certified copy of inventory to whom. § 1689. Proceedings, if grounds of issuing warrant controverted. § 1690. Property, when to be restored. § 1691. § 1692. Oct. 19, 1864, $470. Who may issue searchwarrant. Oct. 19, 1864, § 471. On what ground searchwarrant may issue. Oct. 19, 1864, 472. Warrant only to issue upon probable cause, supported by affidavit. § 1693. Return of magistrate to court having jurisdiction of crime. Person charged with crime, when he may be searched. § 1677. [470.] A magistrate authorized to issue a warrant of arrest has authority to issue a search-warrant, directed to a peace officer, commanding him to search for personal property at any place within his county, and bring it before the magistrate. § 1678. [471.] A search-warrant may be issued upon either of the following grounds: 1. When the property was stolen or embezzled; in which case it may be taken, on the warrant, from any house or other place in which it was concealed or may be found, or from the possession of the person by whom it was stolen or embezzled, or of any other person in whose possession it may be; 2. When the property was used as the means of committing a felony, in which case it may be taken, on the warrant, from any house or other place in which it is concealed or may be found, or from the possession of the person by whom it was used in the commission of the offense, or of any other person in whose possession it may be; 3. When the property is in the possession of any person, with the intent to use it as the means of committing a crime, or in the possession of another to whom he may have delivered it, for the purpose of concealing it or preventing its being discovered, in which case it may be taken on the warrant from the possession of such person, or of the person to whom he may have so delivered it, or from any house or other place occupied by them or under their control, or either of them. § 1679. [472.] A search-warrant cannot be issued but upon probable cause, shown by affidavit, naming or describing the person, and describing the property and the place to be searched. 473. § 1680. [473.] The magistrate must, before issuing Oct. 19, 1864, the warrant, examine, on oath, the complainant and any Examination witnesses he may produce, and take their depositions in of complainwriting, and cause them to be subscribed by the parties witnesses. making them. ant and his § 474. § 1681. [474.] Thereupon, if the magistrate be satis- Oct. 19, 1864, fied that there is probable cause to believe in the existence of the grounds of the application, he must issue the trate to issue warrant, which may be in substantially the following form:"COUNTY OF "IN THE NAME OF THE STATE OF OREGON. "To any sheriff or constable of the county of, greeting: "Information on oath having been this day laid before me (stating the particular grounds of the application, according to section 1678 [471]), you are therefore hereby commanded, at any time in the day or night, to make immediate search on the person of A B (or in the house situated-describing it—or any other place to be searched, with reasonable particularity, as the case may be), for the following property (describing it with reasonable particularity), and if you find the same, or any part thereof, to bring it forthwith to me at (stating the place). "C D, Justice of the Peace" (or as the case may be). warrant. Form of. $5. § 1682. When complaint is made on oath or affirma- Feb. 20, 1885, tion, before any magistrate who is authorized to issue Laws of 1885, warrants in criminal cases, that the complainant believes, Search p. 46. and has reasonable cause to believe, the law in relation warrant in $ 475. § 1683. [475.] In the execution or service of a search- oct. 19, 1864, warrant, the officer has the same power and authority, in all respects, to break open any door or window, to use 1 Oct. 19, 1864 § 475. Power of officer in executing searchwarrant. Oct. 19, 1864, § 476. Officer must give receipt for property taken. Oct. 19, 1864, Ø 477. Property, when deliv trate, how disposed of all necessary and proper means to overcome any forcible resistance made to him, or to call any other person to his aid, that he has in the execution or service of a warrant of arrest. § 1684. [476.] When the officer takes property under the warrant, he must give a receipt for the property taken, specifying it in detail, to the person from whom he takes it or in whose possession it is found, or in the absence of any person he must leave it in the place where he found the property. § 1685. [477.] When the property is delivered to the magistrate, he must, if it was stolen or embezzled, disered to magis pose of it as provided in sections 1531 [327], 1532 [328], and 1535 [331]; but if it were taken on a warrant issued on the grounds stated in subdivisions 2 and 3 of section. 1678 [471], he must retain it in his possession, subject to the order of the court to which he is required to return the proceedings before him, or any other court in which the crime in respect to which the property was taken is triable. Oct. 19, 1864, $478. Within what time warrant must be executed and returned. Oct. 19, 1864, $479. Return of warrant and delivery of property. § 1686. [478.] A search-warrant must be executed and returned to the magistrate by whom it was issued within ten days from its date, unless such magistrate, before the expiration of such time, shall, by indorsement thereon, extend the time for five days. After the expiration of the time herein prescribed, the warrant, unless executed, is void. § 1687. [479.] The officer must forthwith return the warrant to the magistrate, and deliver to him a written inventory of the property taken, made publicly or in the presence of the person from whose possession it was taken, and of the applicant for the warrant, if they be present, verified by the oath of the officer, to the following effect: "I, A B, 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.". $480. § 1688. [480.] The magistrate must thereupon, if Oct. 19, 1864, required, deliver a certified copy of the inventory to the person from whose possession the property was taken give copy of and to the applicant for the warrant. Magistrate to inventory, to whom. if grounds of § 1689. [481.] If the person from whose possession Id., § 481. the property was taken controvert the grounds of issu- Proceedings, ing the warrant, the magistrate must proceed to examine the matter by taking testimony in relation thereto. issuing war rant controverted. when to be § 1690. [482.] If it satisfactorily appear that the 1a., § 482. property taken is not the same as that described in the Property, warrant, or that there is no probable cause for believing restored. 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. magistrate to jurisdiction § 1691. [483.] The magistrate must annex together Ia., § 483. the depositions, the search-warrant and return, and the Return of inventory, and return them to the next court of the court having county having jurisdiction of the crime in respect to which the search-warrant was issued, at or before the first day of the term thereof. of crime. § 1692. [484.] A person who maliciously and without 1a., § 484. probable cause procures a search-warrant to be issued When person and executed is guilty of a misdemeanor. procuring search-warrant guilty of Id., § 485. Person charged with searched by crime may be order of the § 1693. [485.] When a person charged with a crime misdemeanor. 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 crime, the magistrate may direct him to be magistrate. searched in his presence, and direct the weapon or other Disposition of thing to be retained, subject to his order or the order of the court in which the defendant may be tried. weapon. taken on § 1694. [486.] When any goods or things are taken Id., § 486. on a search-warrant, the manufacture, sale, or use of When property which are prohibited by the laws of this state, the magis- sareant to be trate before whom they are brought must direct the of- destroyed. ficer to destroy them, which direction the officer must obey, and make return thereof on the warrant. |