1538. 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.

1539. If the grounds on which the warrant 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 eight hundred sixty-nine.

1540. 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.

1541. The magistrate must annex the depositions, the searchwarrant and return, and the inventory, and if he has not power to inquire into the offense in respect to which the warrant was issued, he must at once file it and such depositions and return with the clerk of the court having power to so inquire. 1905-709.

1542. When a person charged with a felony is supposed by the magistrate before whom he is brought to have on his person a dangerous weapon, or anything which may be used as evidence of the 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.

1547. The governor may offer a reward not exceeding one thousand dollars ($1,000) payable out of the general fund, for the apprehension

1. Of any convict who has escaped from the state's prison;

2. Of any person who has committed, or is charged with the commission of an offense punishable with death;

3. For the arrest of each person engaged in the robbery of, or any attempt to rob any person or persons upon or having in charge in whole or in part any stage-coach, wagon, railroad train or other conveyance engaged at the time in carrying passengers or any private conveyance within this state.

The reward to be paid to the person or persons making the arrest, immediately upon the conviction of the person or persons so arrested. 1905-223.

1548. A person charged in any state of the United States with treason, felony, or other crime, who flees from justice and is found in this state, must, 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.

1549. A magistrate may issue a warrant for the apprehension of a person so charged, who flees from justice and is found in this state.

1550. The proceedings for the arrest and commitment of a person charged are, in all respects, similar to those provided in this code for the arrest and commitment of a person charged with a public offense committed in this state, except that an exemplified copy of an indictment found, or other judicial proceedings had against him in the state in which he is charged to have committed the offense, may be received as evidence before the magistrate.

1551 If, from the examination, it appear that the accused has committed the crime alleged, the magistrate, by warrant reciting the accusation, must commit him to the proper custody in his county, for such time, to be specified in the warrant, as the magistrate may deem reasonable, to enable the arrest of the fugitive under the warrant of the executive of this state, on the requisition of the executive authority of the state in which he committed the offense, unless he gives bail as provided in the next section, or until he is legally discharged.

1552. The magistrate may admit the person arrested to bail by an undertaking with sufficient securities, and in such sum as he deems proper, for his appearance before him at a time specified in the undertaking, and for his surrender to arrest upon the warrant of the governor of this state.

1553. Immediately upon the arrest of a person charged, the magistrate must give notice thereof to the district attorney of the county.

1554. The district attorney must immediately thereafter give notice to the executive authority of the state, or to the prosecuting

attorney or presiding judge of the court of the city or county within the state having jurisdiction of the offense, to the end that a demand may be made for the arrest and surrender of the person charged.

1555. The person arrested must be discharged from custody or bail, unless, before the expiration of the time designated in the warrant or undertaking, he is arrested under the warrant of the governor of this state.

1556. The magistrate must return his proceedings to the superior court of the county, which must thereupon inquire into the cause of the arrest and detention of the person charged, and if he is in custody, or the time of his arrest has not elapsed, it may discharge him from detention, or may order his undertaking of bail to be canceled, or may continue his detention for a longer time, or readmit him to bail, to appear and surrender himself within a time specified in the undertaking. 1880-35.

1557. When the governor of this state, in the excercise of the authority conferred by section two, article four, of the constitution of the United States, or by the laws of this state, demands 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 to bring back such fugitive must be audited by the board of control and paid out of the state treasury; provided, however, that the state shall not pay the expenses of any such person so employed where the fugitive returned is not so arraigned or placed on trial, but such expense shall be a charge upon the county asking the requisition; provided, further, that when a warrant has issued from a superior court, or the presiding judge thereof, endorsed by the district attorney of the county or city and county for the purpose of extraditing a fugitive from justice who has been found and arrested in any state of the United States or any foreign government, the county auditor shall draw his warrant and the county treasurer shall pay to the person designated to return the fugitive the amount of expenses estimated by the district attorney to be incurred in the return of such fugitive; provided, further, that no disbursement shall be made from any such fund so advanced without a receipt being obtained therefor showing the amount, purpose for which said sum was expended, place, date and to whom paid. Such receipts must be filed by such person with the county auditor or state board of control, as the case may be, together with an affidavit by such person that the expenditures represented by said receipts were necessarily made in the performance of duty. In every case where the expense of such person so employed to bring back such fugitive as herein provided, are less than the amount advanced on the recommendation of the district attorney, such person so employed to bring back such fugitive shall return

to the county treasurer the difference in amount between the aggregate amount of receipts so filed by him as herein provided and the amount advanced to such person upon the recommendation of the district attorney. 1923-638.

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. Special proceedings, par- 1563. Entitling affidavit

ties how designated.

1564. Subpoenas.

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 subpoenas 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. Prisoners, generally

how brought before

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.

1570. Fines

TITLE XIV.

Disposition of Fines and Forfeitures.

and disposition.

forfeitures,

1570. All fines and forfeitures collected in any court, except police courts and city justices courts, must be paid to the county treasurer of the county in which the court is held; provided, that all forfeitures and fines collected in any court, for the violation of any city or town ordinance shall be paid to the city or town treasurer of the city or town in which such ordinance is in force; and further provided, that all fines and forfeitures collected in any police court or city justice's court that is maintained, and the salaries of the officers thereof, paid by the city, shall be paid to the city treasurer of the city in which such court is located, subject, however, to the provisions of chapter one of title fifteen of part one of this code. 1905-176.