manded by the public authorities of the state wherein the offense may have been committed, pursuant to the act of Congress, in that case made and provided. If no demand be made within that time the said fugitive or other person shall be liberated, unless sufficient cause be shown to the contrary.

Code, s. 1165; 1895, c. 103; 1868-9, c. 178, subc. 3, s. 34.

No one has authority, without process legally issued in this state, to arrest a person charged with crime in another state and fleeing here for refuge. Such arrest makes the parties engaged in it guilty of assault and battery. Shelton, 79-605.

Upon a fugitive's surrendering to the State demanding his return in pursuance of national law, he may be tried in the state to which he is returned for any other offense than that specified in the requisition for his rendition, and in so trying him against his objection, no right, privilege or immunity secured to him by the constitution and laws of the United States is thereby denied. Glover, 112-896.

It is competent for the legislature in the exercise of its reserved sovereign powers, and as an act of courtesy to a sister state, to provide by statute for the surrender, upon requisition, of persons indictable for murder in such state, although they have never "fled from justice." Hall, 115-811.

Where one has been constructively present in a state by being deemed, by a legal fiction, to have followed an agency or instrumentality put in motion by him to accomplish a criminal purpose, he is not a fugitive from justice of such state so as to warrant the executive of this state to deliver him to the authorities of such state upon the requisition of the governor of the demanding state. Hall, 115-811.

A fugitive from justice is one who, having committed a crime in one jurisdiction, flees therefrom in order to evade the law and escape punishment. Hall, 115-811.

No one can, in any sense, be alleged to have fled from the justice of a state in the domain of whose territorial jurisdiction he has never been corporally present since the commission of the crime. Hall, 115-811.

The distinction between the rights of a fugitive from justice under international and inter-state extradition laws defined. Glover, 112-896.

Except in the case of a fugitive surrendered by a foreign government under treaty stipulations, when a person is within the jurisdiction of a court and there properly charged with crime, the court may hold and try him, no matter how he was brought within such jurisdiction. Glover, 112-896.

A prisoner arrested and held under the provisions of section 1165 of The Code can not be lawfully detained, unless it be made to appear that he is liable to extradition under the act of congress, passed in pursuance of clause 2, section 2 of article 4 of the constitution of the United States. Hall, 115811.

Sec. 355 (3185). Magistrate to keep record; transmit copy to governor.

Every magistrate committing any person under the preceding section, shall keep a record of the whole proceedings before him, and immediately transmit a copy thereof to the governor for such action as he may deem fit therein under the law.

Code, s. 1166; 1868-9, c. 178, subc. 3, s. 35.

Sec. 356 (3186). Duty of governor.

The governor shall immediately inform the governor of the state or territory in which the crime is alleged to have been committed, or the president of the United States, if it be alleged to have been committed within the District of Columbia, of the proceedings had in such case.

Code, s. 1167; 1868-9, c. 178, subc. 3, s. 36.

Sec. 357 (3187). Surrendered on order of governor.

Every sheriff or jailer, in whose custody any person so committed shall be, upon the order of the governor, shall surrender him to the person named in such order.

Code, s. 1168, 1868-9, c. 178, subc. 3, s. 37.

Sec. 358 (3188). Governor may employ agents, and offer rewards for arrest of.

The governor, on information made to him of any person, whether the name of such person be known or unknown, having committed a felony or other infamous crime within the state, and of having fled out of the jurisdiction thereof, or who conceals himself within the state to avoid arrest, or who, having been convicted, has escaped and can not otherwise be apprehended, may either employ a special agent, with a sufficient escort, to pursue and apprehend such fugitive, or issue his proclamation, and therein offer a reward, not exceeding four hundred dollars, according to the nature of the case, as in his opinion may be sufficient for the purpose, to be paid to him who shall apprehend and deliver the fugitive to such person and at such place as in the proclamation shall be directed; and he may from time to time issue his warrants on the state treasurer for sufficient sums of money for such purpose. Code, s. 1169; 1891, c. 421; R. C., c. 35, s. 4; 1800, c. 561; 1866, c. 28; 1868-9, c. 52; 1870-1, c. 15; 1871-2, c. 29.

FUTURES.

Sec. 359 (3823). Future delivery contracts.

If any person shall become a party to any contract for the sale and future delivery of any article of personal property in which it is not intended by the parties thereto that such property shall be actually delivered, but the difference between the contract price and the market price on the day of delivery shall be paid in money, or if any person shall be the agent, directly or indirectly, of any such party in making or furthering or effectuating the same; or if

any agent or officer of any corporation shall, in any way or manner, knowingly aid in making or furthering any such contract to which such corporation shall be a party, he shall be guilty of a misdemeanor, and on conviction shall be fined not less than one hundred dollars nor more than five hundred dollars, and may be imprisoned in the discretion of the court.

1889, c. 221, s. 3.

The test of the validity of a contract for futures is the "intention not to actually deliver" the articles bought or sold for future delivery. Clayton, 138-732.

It is indictable under the act of 1905 to open a place of business to facilitate and carry on the making of contracts known as futures and forbidden by law. Clayton, 138-732.

If there is in the contract the right to require actual delivery, and an intention to demand it if the exigencies of the party's business shall require it, this is a legal contract, notwithstanding a mere expectation that delivery will probably not be demanded. Clayton, 138-732.

It is competent for the legislature to provide that gambling contracts participated in by the defendant in this state, either originating or being ratified here, shall be indictable in our courts, and such contracts are not protected by the interstate commerce clause of the federal constitution. Clayton, 138732.

Sec. 360 (3824). Future delivery; contract made in another state.

If any person shall, while in this state, consent to become a party to any contract contrary to preceding sections, made in another state, or if any person shall, as agent of any person or corporation become a party to any such contract made in another state, or in this state do any act, or in any way aid in the making or furthering such contract so made in another state, he shall be guilty of a misdemeanor, and on conviction shall be fined not less than fifty nor more than two hundred dollars, and may be imprisoned in the discretion of the court.

1889, c. 221, s. 4.

Sec. 361 (3825). Futures, office for sales of.

If any person, corporation or other association of persons, either as principal or agent, shall establish or open an office or other place of business in this state for the purpose of carrying on or engaging in any business of making contracts to sell and deliver any cotton, indian corn, wheat, rye, oats, tobacco, meal, lard, bacon, salt pork, salt fish, beef cattle, sugar, coffee, stocks, bonds, and choses in action, at a place and at a time specified and agreed upon therein, to any other person, whether the person to whom such article is agreed to be sold and delivered shall be a party to such contract or not, when, in fact, and notwithstanding the terms ex

pressed of such contract, it is not intended by the parties thereto that the articles or things so agreed to be sold and delivered shall be actually delivered, or the value thereof paid, but it is intended and understood by them that money or other thing of value shall be paid to the one party by the other, or to a third party, the party to whom such payment of money or other thing of value shall be made to depend, and the amount of such money or other thing of value so to be paid to depend upon whether the market price or value of the article so agreed to be sold and delivered is greater or less at the time and place so specified than the price stipulated to be paid and received for the articles so to be sold and delivered; or for making contracts commonly called "futures" as to the several articles and things hereinbefore specified, or any of them, by whatever other name called, he shall be guilty of a misdemeanor, and upon conviction thereof shall be fined and imprisoned at the discretion of the court.

1889, c. 221, s. 1; 1905, c. 538, ss. 1, 2.

Sec. 362 (3826). Futures, office for sales of; evidence.

No person shall be excused on any prosecution under the three next preceding sections from testifying touching anything done by himself or others contrary to the provisions of such sections, but no discovery made by the witness upon such examination shall be used against him in any penal or criminal prosecution, and he shall be altogether pardoned of the offense so done or participated. in by him. In all such prosecutions proof that the defendant was a party to a contract as agent or principal to sell and deliver any article, thing or property specified or named in such sections, or that he was the agent, directly or indirectly, of any party in making, furthering or effectuating the same, or that he was the agent or officer of any corporation or association or person in making, furthering or effectuating the same, and that the article, thing or property agreed to be sold and delivered was not actually delivered, and that settlement was made or agreed to be made upon the difference in value of said article, thing or property shall constitute against such defendant prima facie evidence of guilt. Proof that any person, corporation or other association of persons, either as principals or agents, has established an office or place where are posted or published from information received the fluctuating prices of grain, cotton, provisions, stocks, bonds and other commodities, or of any one or more of the same, shall constitute prima facie evidence of being guilty of violating the three preceding

sections.

1905, c. 538, ss. 3, 4, 6.

The statutes forbidding the running of a bucket-shop are clearly within the police power of the state. McGinnis, 138-724.

The act of 1905 is not void under the fourteenth amendment to the constitution of the United States on the ground that the 7th section of the act provides that the act "shall not be construed so as to apply to any person, etc., engaged in the business of manufacturing or wholesale merchandising in the purchase or sale of the necessary commodities required in the ordinary course of their business." McGinnis, 138-724.

GAMBLING.

Sec. 363 (3717). Gambling, faro-banks and tables.

If any person shall open, establish, use, or keep a faro-bank or a faro-table, with the intent that games of chance may be played thereat, or shall play or bet thereat any money, property, or thing of value, whether the same be in stake or not, he shall be guilty of a misdemeanor, and fined at least two hundred dollars and impris oned not less than three months.

Code, s. 1044; R. C., c. 34, s. 71; 1848, c. 34; 1856-7, c. 25.

Sec. 364 (3719). Gaming tables; allowing, on premises.

If any person shall knowingly suffer to be opened, kept or used in his house or any part of the premises occupied therewith, any of the gaming tables by this chapter prohibited, he shall forfeit and pay to any one who will sue therefor two hundred dollars, and shall also be guilty of a misdemeanor and fined and imprisoned.

Code, s. 1046; R. C., c. 34, s. 73; 1798, c. 502, s. 3; 1800, e. 5, s. 2.

Sec. 365 (3718). Gaming tables, betting thereat.

If any person shall establish, use or keep any gaming table (other than a faro-bank) by whatever name such table may be called, at which games of chance shall be played, he shall on conviction thereof be fined not less than two hundred dollars, and be imprisoned not less than thirty days; and every person who shall play thereat or thereat bet any money, property or thing of value, whether the same be in stake or not, shall be guilty of a misdemeanor, and fined not less than ten dollars.

Code, s. 1045; R. C., c. 34, s. 72; 1791, c. 336; 1798, c. 502, s. 2.

A motion in arrest of judgment on the ground that the bill contains a count for keeping a gaming-house and also a count for playing cards, can not be sustained. Morgan, 133-746.

DWELLING-HOUSE OR SLEEPING-APARTMENT.-The evidence was that defendant occupied two adjoining rooms in the second story of a building, one of which contained two beds and the other bed-room furniture, and that numerous persons, both by night and day, assembled in these rooms for the pur