that stating the ground of the application in the same manner), you are therefore commanded, in the day-time (or at any time of the day or night, as the case may be, according to Section 1533), to make immediate search on the person of C. D. (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 before me at (stating the place). Given under my hand, and dated this -, A. D. eighteen day of E. F., Justice of the Peace (or as the case may be). served. 1530. (§ 640.) A search warrant may in all cases By whom be served by any of the officers mentioned in its directions, but by no other person, except in aid of the officer on his requiring it, he being present and acting in its execution. 1531. (§ 650.) The officer may break open any outer or inner door or window of a house, or any part of a house, or anything therein, to execute the warrant, if, after notice of his authority and purpose, he is refused admittance. 1532. (§ 651.) He may break open any outer or inner door or window of a house, for the purpose of liberating a person who, having entered to aid him in the execution of the warrant, is detained therein, or when necessary for his own liberation. 1533. (§ 652.) The magistrate must insert a direction in the warrant that it be served in the day-time, unless the affidavits are positive that the property is on the person or in the place to be searched, in which case he may insert a direction that it be served at any time of the day or night. Within what time warrant 1534. (§ 653.) A search warrant must be executed and returned to the magistrate who issued it within mustbe executed. Officer to give receipt for property taken. Property, how ten days after its date; after the expiration of this time the warrant, unless executed, is void. 1535. (654.) When the officer takes property under the warrant, he must give a receipt for the prop erty taken (specifying it in detail) to the person from whom it was taken by him, or in whose possession it was found; or, in the absence of any person, he must leave it in the place where he found the property. 1536. (§ 655.) When the property is delivered to disposed of the magistrate, he must, if it was stolen or embezzled, dispose of it as provided in Sections 1408 to 1413, inclusive. If it was taken on a warrant issued on the grounds stated in the second and third subdivisions of Section 1524, 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 of any other Court in which the offense in respect to which the property taken is triable. Return of warrant and delivery of inventory of property taken. Copy of inventory, to whom delivered. 1537. (§ 656.) 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 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, R. S., the officef 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." 1538. (§ 657.) 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. ings, if grounds of are contro warrant 1539. (§§ 658, 659.) If the grounds on which the Proceedwarrant was issued be controverted, he must proceed to take testimony in relation thereto, and the testimony of each witness must be reduced to writing and authenticated in the manner prescribed in Section 869. 1540. (§ 660.) 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. verted. Property, restored to when to be person from whom it was taken. Deposiwarrant. tions, etc., to be returned by magistrate to 1541. (§ 661.) The magistrate must annex together the depositions, the search warrant and return, and the inventory, and return them to the next term of the County Court having power to inquire into the County offenses in respect to which the search warrant was issued, at or before its opening on the first day. 1542. (§ 664.) When a person charged with a felony is supposed by the magistrate before whom he Court. When magistrate defendant to be his is brought to have on his person a dangerous weapon, searched in or anything which may be used as evidence of the presence. 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 to the order of the Court in which the defendant may be tried. NOTE.-This Chapter is based upon the sections of the Criminal Practice Act of 1851 referred to by the figures in parentheses. CHAPTER IV. PROCEEDINGS AGAINST FUGITIVES FROM JUSTICE. SECTION 1547. Rewards for the apprehension of fugitives from justice. 1548. Fugitives from another State, when to be delivered up. Rewards for the ap SECTION 1549. Magistrate to issue warrant. 1547. 1550. Proceedings for the arrest and commitment of the per son charged. 1551. When and for what time to be committed. 1552. His admission to bail. 1553. Magistrate must notify District Attorney of the arrest. 1554. Duty of the District Attorney. 1555. Person arrested, when to be discharged. 1556. Magistrate to return his proceedings to the next County Court. Proceedings thereon. 1557. Fugitives from this State. Accounts of persons employed in procuring surrender to be paid out of the State Treasury. 1558. No fee or reward to be paid to or received by any public officer procuring the surrender of fugitives, etc. The Governor may offer a reward, not exprehension ceeding one thousand dollars, payable out of the General Fund, for the apprehension: of fugitives from justice. Fugitives from 1. Of any convict who has escaped from the State Prison; or, 2. Of any person who has committed, or is charged with the commission of, an offense punishable with death. NOTE.-Founded upon the Act concerning rewards (Stats. 1851, p. 443). 1548. (§ 665.) A person charged in any State of the United States with treason, felony, or other crime, to be deliv- who flees from justice and is found in this State, must, another State, when ered up. on demand of the executive authority of the State from which he fled, be delivered up by the Governor of this State, to be removed to the State having jurisdiction of the crime. NOTE.-Ex Parte James and George Watson, 2 Cal., p. 59. The former law was: "That a person charged in any State or Territory," etc. The word Territory has been omitted since the word State is defined in Subd. 18 of Sec. 7 of this Code so as to include Territory. See Matter of Romain, 23 Cal., p. 591, where it was held that the omission of the word "Territory" in the Federal Constitution (Art. IV, Sec. 2) had the offect of limiting the application of the clause referring to "fugitives from justice from other States to criminals fleeing from one “State" to another “State,” and not to those fleeing from a "Territory" to a State. Sec. 7 of this Code makes this section (1548) applicable to fugitives from Territories as well as States. In the Matter of Romain the Court say: "A question has been raised that Congress had no power to pass the Act relating to the rendition of fugitives from justice, and if they have, it is confined, under the provision in the National Constitution, to fugitives escaping from one 'State' to another State,' and does not extend to fugitives fleeing from a 'Territory.' The clause of the National Constitution thus brought in question is as follows: "A person charged in any State with treason, felony, or other crime, who shall flee from justice, and be found in another State, shall, on demand of the executive authority of the State from which he fled, be delivered up, to be removed to the State having jurisdiction of the crime." It will be noticed that Congress is not referred to in this clause, nor is any power over the matter conferred upon that body. In the same Article in which it is found several important subjects are treated of, over some of which power is conferred upon Congress, and in others not. Thus, in regard to the public acts, records, and judicial proceedings of the States, the admission of new States, the disposal of the territory and other property of the United States, and the guaranty of a republican form of government to each State, full power over these subjects is directly conferred upon Congress; but as to all other matters in that Article, including the clause in question, no power is conferred upon Congress. They stand as solemn compacts between the States, to be enforced by State legislation or by judicial action. They are, to a great extent, a recognition of rights founded upon principles of international law, but which were, under that law, often deemed more a matter of comity than of absolute right, except the provision respecting the rights of citizenship, which go beyond any rule of international law. Upon this very subject of the surrender of fugitives from justice fleeing from one State or nation to another, under the rules of international law, it has been a question very fully and ably discussed by public writers whether such surrender was a matter of right and duty or merely of comity.--Story on Conflict of Laws, Secs. 626-628. This was deemed too important a question to leave unsettled, and the framers of our national Constitution wisely inserted the clause referred to, making it no longer a matter of mere comity, subject to the pleasure of each State, but an absolute right and duty. This provision being a part of the supreme law of the |