his person, and must deliver them to the magistrate before whom he is taken. En. February 14, 1872.

§ 847. Duty of a private person who has made an arrest. A private person who has arrested another for the commission of a public offense must, without unnecessary delay, take the person arrested before a magistrate, or deliver him to a peace officer. En. February 14, 1872.

§ 848. Duty of officer arresting with warrant. An officer making an arrest, in obedience to a warrant, must proceed with the person arrested as commanded by the warrant, or as provided by law. En. February 14, 1872.

Warrant of arrest, form of: Ante, sec. 814.

§ 849. Person arrested without a warrant to be taken before a magistrate. Information to be filed. When an arrest is made without a warrant by a peace officer or private person, the person arrested must, without unneces- . sary delay, be taken before the nearest or most accessible magistrate in the county in which the arrest is made, and an information, stating the charge against the person, must be laid before such magistrate. En. February 14, 1872.

§ 850. Arrest by telegraph. A justice of the supreme court, or a judge of a superior court, may, by an indorsement under his hand upon a warrant of arrest, authorize the service thereof by telegraph, and thereafter a telegraphic copy of such warrant may be sent by telegraph to one or more peace officers, and such copy is as effectual in the hands of any officer, and he must proceed in the same manner under it as though he held an original warrant issued by the magistrate making the indorsement. En. February 14, 1872. Am'd. 1880, 33.

§ 851. Same. Every officer causing telegraphic copies of warrants to be sent, must certify as correct, and file in

the telegraph office from which such copies are sent, a copy of the warrant and indorsement thereon, and must return the original with a statement of his action thereunder. En. February 14, 1872.

CHAPTER VI.

RETAKING AFTER AN ESCAPE OR RESCUE.

854. May be at any time or in any place in the state.

§ 855.

May break open door or window if admittance refused.

§ 854. May be at any time or in any place in the state. If a person arrested escape or is rescued, the person from whose custody he escaped or was rescued, may immediately pursue and retake him at any time and in any place within the state. En. February 14, 1872.

Crim. Prac. Act, sec. 144. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212.

Assisting escapes: Ante, sec. 109.

855. May break open door or window if admittance refused. To retake the person escaping or rescued, the person pursuing may break open an outer or inner door or window of a dwelling-house, if, after notice of his intention, he is refused admittance. En. February 14, 1872.

Crim. Prac. Act, sec. 145. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212.

Breaking doors in making arrest: Sec ante, sec. 844.

CHAPTER VII.

EXAMINATION OF THE CASE, AND DISCHARGE OF THE DEFENDANT, OR HOLDING HIM TO ANSWER.

§ 858. Magistrate to inform the defendant of the charge, and his right to counsel.

On postponement, defendant to be committed or discharged on bail.

§ 862.

§ 863.

Form of commitment.

§ 864.

§ 865.

§ 8€6.

§ 867.

Depositions to be read on examination and subpoenas issued.
Examination of witnesses to be in presence of defendant.
Examination of defendant's witnesses.
Exclusion and separation of witnesses.
Who may be present at the examination.
Testimony, how taken and authenticated.
§ 870. Deposition, by whom and how kept.
§ 871. Defendant, when and how discharged.

§ 868.

§ 869.

§ 872. When and how to be committed.

§ 873. Order for commitment.

8874. Certificate of bail being taken. (Repealed.)

§ 875. Order for bail on commitment.

§ 876. Commitment, how made and to whom delivered.

§ 880.

Infants and married women may be required to give security.
Witnesses to be committed on refusal to give security for their

§ 881.

appearance.

§ 882. Witness unable to give security may be conditionally examined. Not applicable to prosecutor or accomplice.

§ 883. Magistrate to return depositions, etc., to the court.

§ 858. Magistrate to inform defendant of the charge, and his right to counsel. When the defendant is brought before the magistrate upon an arrest, either with or without warrant, on a charge of having committed a public offense, the magistrate must immediately inform him of the charge against him, and of his right to the aid of counsel in every stage of the proceedings. En. February 14, 1872.

Cal. Rep. Cit. 55, 298; 56, 232; 59, 366; 66, 595; 66, 596; 66, 664; 67, 232; 105, 643.

Crim. Prac. Act, sec. 146. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212.

Cal. Rep. Cit. 44, 557.

§ 859. Time to send and sending for counsel. He must also allow the defendant a reasonable time to send for counsel, and postpone the examination for that purpose, and must, upon the request of the defendant, require a peace officer to take a message to any counsel in the township or city the defendant may name. The officer must, without delay and without fee, perform that duty. En. February 14, 1872.

Cal. Rep. Cit. 55, 298; 66, 595; 66, 596; 66, 664; 67, 232; 105, 643.

Crim. Prac. Act, sec. 147. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212.

Defendant's right to counsel. The right to have the assistance of counsel is a constitutional one: Const. 1879, art. I, sec. 13; see ante, sec. 825.

§ 860. Examination, when to proceed. If the defendant requires the aid of counsel, the magistrate must, immediately after the appearance of counsel, or if, after waiting a reasonable time therefor, none appears, proceed to examine the case. En. February 14, 1872.

Cal. Rep. Cit. 56, 232; 66, 595; 66, 596; 66, 664; 67, 232; 105, 643.

Crim. Prac. Act, sec. 148. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212.

§ 861. When to be completed. Postponement. The examination must be completed at one session, unless the magistrate, for good cause shown by affidavit, postpone it. The postponement cannot be for more than two days at each time, nor more than six days in all, unless by consent or on motion of the defendant. En. February 14, 1872. Cal. Rep. Cit. 56, 233; 66, 596; 75, 302; 119, 325; 119, 326; 139, 212.

Crim. Prac. Act, sec. 149. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212.

§ 862. On postponement, defendant to be committed or discharged on bail. If a postponement is had, the magistrate must commit the defendant for examination, admit him to bail or discharge him from custody upon the deposit of money as provided in this code, as security for his appearance at the time to which the examination is postponed. En. February 14, 1872.

Cal. Rep. Cit. 66, 596.

Crim. Prac. Act, sec. 150. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212.

§ 863. Form of commitment. The commitment for examination is made by an indorsement, signed by the magistrate on the warrant of arrest, to the following effect: "The within named A. B. having been brought before me under this warrant, is committed for examination to the sheriff of If the sheriff is not present, the defendant may be committed to the custody of a peace officer. En. February 14, 1872.

Cal. Rep. Cit. 59, 366.

Crim. Prac. Act, sec. 151. En. April 20, 1850. Rep. 1851, 290. En. 1.51, 212.

§ 864. Depositions to be read on examination and subpoenas issued. At the examination, the magistrate must first read to the defendant the depositions of the witnesses examined on taking the information. He must also issue subpoenas, subscribed by him, for witnesses within the state, required either by the prosecution or the defense. En. February 14, 1872.

Cal. Rep. Cit. 56, 233; 59, 366.

Crim. Prac. Act, sec. 152. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212.