Subd. 1: See post, secs. 701-714. Subd. 2. Police force: See secs. 719, 720. Officers authorized to preserve peace: Post, sec. 720. Subd. 3: See post, secs. 723-734. § 698. Persons acting in their aid justified. When the officers of justice are authorized to act in the prevention of public offenses, other persons, who, by their command, act in their aid, are justified in so doing. En. February 14, 1872. Crim. Prac. Act, sec. 19. En. April 20, 1850. Rep. 1851, En. 1851, 212. 290. CHAPTER III. SECURITY TO KEEP THE PEACE. § 701. Information of threatened offense. Examination of complainant and witnesses. Warrant of arrest. § 702. § 703. § 704. § 705. 706. § 707. § 708. § 709. 710. § 711. § 712. Proceedings on charges being controverted. Security required for assault committed in court. Undertaking, when and how to be prosecuted. § 713. Evidence of breach. 714. Security for the peace. An informa § 701. Information of threatened offense. tion may be laid before any of the magistrates mentioned in section eight hundred and eight, that a person has threatened to commit an offense against the person or property of another. En. February 14, 1872. Cal. Rep. Cit. 123, 29; 123, 32. Crim. Prac. Act, sec. 20. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212. Am'd. 1863, 158. § 702. Examination of complainant and witnesses. When the information is laid before such magistrate, he must ex amine on oath the informer, and any witness he may produce, and must take their depositions in writing, and cause them to be subscribed by the parties making them. En. February 14, 1872. Cal. Rep. Cit. 123, 29. Crim. Prac. Act, sec. 21. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212. § 703. Warrant of arrest. If it appears from the depositions that there is just reason to fear the commission of the offense threatened, by the person so informed against, the magistrate must issue a warrant, directed generally to the sheriff of the county, or any constable, marshal, or policeman in the state, reciting the substance of the information, and commanding the officer forthwith to arrest the person informed of and bring him before the magistrate. En. February 14, 1872. Cal. Rep. Cit. 123, 29. Crim. Prac. Act, sec. 22. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212. § 704. Proceedings on charges being controverted. When the person informed against is brought before the magistrate, if the charge be controverted, the magistrate must take testimony in relation thereto. The evidence must be reduced to writing, and subscribed by the witnesses. En. February 14, 1872. Cal. Rep. Cit. 123, 29. Crim. Prac. Act, sec. 23. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212. § 705. Person complained of, when to be discharged. If it appears that there is no just reason to fear the commission of the offense alleged to have been threatened, the person complained of must be discharged. En. February 14, 1872. Cal. Rep. Cit. 123, 29. Crim. Prac. Act, sec. 24. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212. § 706. Security to keep the peace, when required. If, however, there is just reason to fear the commission of the offense, the person complained of may be required to enter into an undertaking in such sum, not exceeding five thousand dollars, as the magistrate may direct, with one or more sufficient sureties, to keep the peace toward the people of this state, and particularly toward the informer. The undertaking is valid and binding for six months, and may, upon the renewal of the information, be extended for a longer period, or a new undertaking may be required. En. February 14, 1872. Cal. Rep. Cit. 123, 29. Crim. Prac. Act, sec. 25. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212. § 707. Effect of giving or refusing to give security. If the undertaking required by the last section is given, the party informed of must be discharged. If he does not give it, the magistrate must commit him to prison, specifying in the warrant the requirement to give security, the amount thereof, and the omission to give the same. En. February 14, 1872. Cal. Rep. Cit. 123, 29. Crim. Prac. Act, sec. 26. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212. § 708. Person committed for not giving security. If the person complained of is committed for not giving the undertaking required, he may be discharged by any magistrate, upon giving the same. En. February 14, 1872. Cal. Rep. Cit. 123, 29. Crim. Prac. Act, sec. 27. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212. § 709. Undertaking to be filed in clerk's office. The undertaking must be filed by the magistrate, in the office of the clerk of the county. En. February 14, 1872. Cal. Rep. Cit. 123, 29: Crim. Prac. Act, sec. 28. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212. § 710. Security required for assault committed in court. A person who, in the presence of a court or magistrate, assaults or threatens to assault another, or to commit an offense against his person or property, or who contends with another with angry words, may be ordered by the court or magistrate to give security, as in this chapter provided, and if he refuse to do so, may be committed as provided in section seven hundred and seven. En. February 14, 1872. Cal. Rep. Cit. 123, 29. Crim. Prac. Act, sec. 29. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212. Cal. Rep. Cit. 8, 391. § 711. Undertaking, when broken. Upon the conviction of the person informed against of a breach of the peace, the undertaking is broken. En. February 14, 1872. Cal. Rep. Cit. 123, 29. Crim. Prac. Act, sec. 30. 290. En. 1851, 212. Cal. Rep. Cit. 8, 391. En. April 20, 1850. Rep. 1851, § 712. Undertaking, when and how to be prosecuted. Upon the district attorney's producing evidence of such conviction to the superior court of the county, the court must order the undertaking to be prosecuted, and the district attorney must thereupon commence an action upon it in the name of the people of this state. En. February 14, 1872. Am'd. 1880, 32. Cal. Rep. Cit. 123, 29. Pen. Code-18 Crim. Prac. Act, sec. 31. En. April 20, 1850. Rep. 1851, En. 1851, 212. Am'd. 1863, 158. 290. Cal. Rep. Cit. 8, 391. § 713. Evidence of breach. In the action, the offense stated in the record of conviction must be alleged as a breach of the undertaking, and such record is conclusive evidence of the breach. En. February 14, 1872. Cal. Rep. Cit. 123, 29. Crim. Prac. Act, sec. 32. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212. § 714. Security for the peace. Security to keep the peace, or be of good behavior, cannot be required except as prescribed in this chapter. En. February 14, 1872. Cal. Rep. Cit. 123, 29; 123, 32. Crim. Prac. Act, sec. 33. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212. CHAPTER IV. POLICE IN CITIES AND TOWNS, AND THEIR ATTENDANCE AT EXPOSED PLACES. § 719. Organization and regulation of the police. § 720. Force to preserve the peace at public meetings. § 719. Organization and regulation of the police. The organization and regulation of the police, in the cities and towns of this state, is governed by special laws. En. February 14, 1872. Crim. Prac. Act, sec. 34. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212. Police insurance and pension bill: See post, Appendix, title Police. Compensation of police: See post, Appendix, title Police. Increase of police force: See post, Appendix, title Po lice. Vacation for police: See post, Appendix, title Police. |