Twenty-second. When the council of a town, city or village, or any board, number of persons or corporation, are authorized to make ordinances, by-laws, rules, regulations or orders, it shall be understood that the same must be consistent with the laws of this State.

Twenty-third. The words "county court" include any existing tribunal created in lieu of a county court; the words "commissioner of the county court" and "county commissioner" shall be construed to mean, and have reference to the commissioners, or one of them, composing the county court, in pursuance of section twenty-two of article eight of the constitution as amended, or any existing tribunal created in lieu of a county court.

ACTS REPEALED.

2. All acts and parts of acts coming within the purview of this act, and inconsistent therewith, are hereby repealed.

CHAPTER XIV.

(Acts 1882, p. 451.)

CONCERNING CERTAIN POWERS AND DUTIES OF THE GOVERNOR AND THE SUBORDINATE OFFICERS OF THE EXECUTIVE DEPARTMENT, AND THE

OFFICERS OF ALL PUBLIC INSTITUTIONS OF THE STATE.

TOWER TO ORDER OUT THE MILITIA.

1. The governor shall have power to call out the militia to repel invasion, suppress insurrection and enforce the execution of the laws. And whenever in any part of the State a combination, too powerful to be suppressed by the civil authorities, shall endanger the peace and safety of the people, or obstructs the execution of the laws, the governor may use the military force of the State to suppress such combination.

2. When the governor calls out the militia he shall issue such orders and take such measures as to him may seem best, for mustering, arming, subsisting and transporting the several detachments, and may appoint such quartermasters, commissaries and staff as he shall deem proper.

3. His orders shall be sent to such officers and in such manner as he may think expedient, with notice of the place of rendezvous; and the officers to whom they are sent shall proceed immediately

to execute the same.

4. When a detachment is called into service, the officers to command the same shall be detailed from the division, brigade or regiment from which such detachment is taken. When separate companies are called out or offer themselves and are accepted for the service, they shall be under the command of their respective company officers; but the governor may organize them into battalions and regiments, and appoint the necessary field officers therefor. When several regiments are ordered out or volunteers and are ac

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cepted for the service, they shall remain under the command of their respective regimental and company officers; but the governor may appoint or detail one of the brigadier generals or major generals to the command. If such officers as the governor deems necessary do not attend at the place of rendezvous, or he be satisfied they will not attend, he may appoint in their stead such officers as he may deem best.

APPREHENDING SUSPICIOUS PERSONS IN TIME OF WAR.

5. The governor may cause to be apprehended and imprisoned, or may compel to depart from this State, all suspicious subjects, citizens, agents or emissaries of any foreign state or power at war with the United States.

6. He may also cause to be apprehended and imprisoned all who in time of war, insurrection or public danger shall wilfully give aid, support or information to the enemy or insurgents, or who, he shall have just cause to believe, are conspiring or combining together to aid or support any hostile action against the United States or this State.

7. In order to obtain information in such cases the governor may send for the person and papers of any one whom he shall believe to be subject to the last two sections.

8. Any warrant or order of the governor under the three preceding sections may be directed to any sheriff or other officer, civil or military, and shall be executed according to the terms thereof by such officer, who shall have all the powers necessary for the purpose either in or out of his county.

9. Any person so apprehended or imprisoned may, at the discretion of the governor, be discharged upon giving bond with satisfactory security to leave the State and not return thereto for such period, to be stated in the bond, as the governor may prescribe; or he may be discharged on such other terms or conditions, or without condition as to the governor shall seem right and proper.

FUGITIVES FROM FOREIGN NATIONS.

10 The governor, whenever required by the executive authority of the United States pursuant to the constitution and laws thereof, shall deliver over to justice any person found within this State who shall be charged with having committed any crime without the jurisdiction of the United States.

11. The governor, though not so required, may in his discretion deliver over to justice any person found within this State, who shall be charged with having committed without the jurisdiction of the United States, any crime, except treason, which by the laws of this State, if committed therein, would be punishable by death or imprisonment in the penitentiary. The governor shall require such evidence of the guilt of the person so charged, as would be necessary to justify an indictment against him, had the crime charged

been committed in this State. The expense of the apprehension and delivery shall be defrayed by those to whom the delivery is made.

FUGITIVES FROM JUSTICE.

12. The governor, in any case, authorized by the constitution of the United States, may, on demand, deliver over to the executive of any other State or territory any person charged therein, with treason, felony, or other crime committed therein, and he may on application appoint an agent to demand of the executive authority of any other State or Territory any offender fleeing from the justice of this State; Provided, That such demand or application is accompanied by sworn evidence that the party charged is a fugitive from justice, and that the demand or application is made in good faith for the punishment of crime, and not for the purpose of collecting a debt or pecuniary mulet, or of removing the alleged fugitive to a foreign jurisdiction with a view there to serve him with civil process; and also by a duly attested copy of an indictment, or a duly attested copy of a complaint made before a court or magistrate authorized to take the same, such complaint to be accompanied by affidavits to the facts constituting the offense charged, by persons having actual knowledge thereof, and such further evidence in support thereof as the governor may require. The governor may pay out of the civil contingent fund any reasonable expenses incurred under this section.

13. Whenever any person shall be found within this State, charged with treason, felony or other crime committed in any other State, any justice may, upon complaint on oath, or other satisfactory evidence that such person committed the offense, issue a warrant to bring the person so charged before the same or some other justice within the State; and the officer to whom such warrant may be directed may execute the same in any county in the State, and bring the party, when arrested, before any justice of the same or any other

county.

14. If it shall appear to the justice before whom the person charged may be brought that there is reasonable cause to believe that the complaint is true, he shall if he would have been bailable by a justice, in case the offense had been committed in this State, be required to recognize, with sufficient sureties, in a reasonable sum, to appear before the circuit court of the county at a future day, allowing a reasonable time to obtain the warrant of the executive, and to abide the order of the court; and if such person shall not so recognize he shall be committed to prison, and be there detained until such day. The recognizance, if any, shall be returned to the said court without delay; and if the person so recognizing shall fail to appear, according to the condition of his recognizance, he shall be defaulted, and the like proceeding shall be had, as in the case of other recognizances entered into before a justice; but if such person would not have been bailable by a justice in case the offense had been

committed in this State, he shall be committed to prison, and there detained until the day so appointed for his appearance before the

court.

15. The justice by whom such person may be so recognized or committed, shall immediately, by letter, apprise the governor of the fact, who shall thereupon communicate the same to the executive of the state where the crime is charged to have been committed.

16. If the person so recognized or committed shall appear before the court upon the day ordered, he shall be discharged, unless he shall be demanded by some person authorized by the warrant of the governor to receive him, or unless the court shall see cause to commit him, or to require him to recognize anew for his appearance at some other day; and if when ordered, he shall not so recognize, he shall be committed and detained as before. But whether the person so charged shall be recognized, committed or discharged, any person authorized by the warrant of the governor may at all times, take him in to custody, and the same shall be a discharge of the recogniz ance, if any, and shall not be deemed an escape.

17. The complainant in each case shall be answerable for all the actual costs and charges, and for the support in prison of any person so committed; and if the charge for his support in prison shall not be paid when demanded, the jailor may discharge such person from prison,

WHEN FUGITIVES ARE TO BE DETAINED HERE.

18. No person under prosecution for any offense alleged to be committed within this state shall be delivered up to the executive authority of another state, or of the United States, until such prosecution shall have been determined and the person prosecuted shall have been punished, if condemned; nor shall any person under recognizance to appear as a witness in any such prosecution be so delivered up until said prosecution shall be determined. Nor shall any person who was in custody upon any execution, or upon process in any suit, at the time of being apprehended for a crime charged to have been committed without the jurisdiction of this state, be so delivered up without the consent of the plaintiff in such execution or suit, until the amount of such execution shall have been paid, or until such person shall be otherwise discharged from such execution

or process.

REWARDS FOR PERSONS CHARGED WITH OFFENSES.

19. The governor may offer a reward for apprehending and securing any person convicted of an offense, or charged therewith, who shall have escaped, from prison, or for apprehending and securing any person charged with an offense, who, there is reason to fear, cannot be arrested in the common course of proceeding. But no such reward shall be paid to any sheriff or other officer who may arrest such person by virtue of any process in his hands to be executed. And the governor may employ any person to aid in the detection of persons charged with, or suspected of crime, and pay

the person so employed out of the contingent fund at his disposal.

POWER TO REMIT FINES AND PENALTIES, GRANT REPRIEVES AND PARDONS, &c,

20. The governor shall have power to remit fines and penalities, in such cases, and under such regulations as now are, or may be prescribed by law; to commute capital punishment, and, except where the prosecution has been carried on by the house of delegates to grant reprieves and pardons, after conviction; but he shall communicate to the legislature, at each sesson, the particulars of every case of fine or penalty remitted, of punishment commuted, and of reprieve or pardon granted, with his reasons therefor. In any case wherein the governor has power to grant a pardon, instead of granting the same unconditionally, he may, after sentence, grant it upon such conditions as may be deemed proper by him, and be assented to by the person sentenced; and for the purpose of carrying into effect such conditional pardon, the governor may issue his order or warrant directed to any proper officer, which shall be obeyed and executed, instead of the sentence that was originally awarded. Especially it shall be the duty of the superintendent of the penitentiary to receive and confine therein, according to such order or warrant, any person convicted of a crime punishable with death, who shall be pardoned on condition of being confined in the penitentiary. And in any case in which the governor shall exercise the power conferred on him by the constitution to commute capital punishment, he may, to carry such commutation into effect, issue his order or warrant, to be obeyed and executed in like manner.

POWER TO SURRENDER PRISONERS FOR EXCHANGE.

21. The governor may deliver to the military authorities of the United States, to be exchanged for any person held as a prisoner by a public enemy or armed insurgents, any person who may be in custody of any officer of this state for a criminal offense, whether convicted thereof or merely held for trial; and for this purpose may issue his order and warrant, directed to the proper officer, which shall be obeyed and executed.

REMISSION OF FINES AND PENALTIES.

22. The governor shall not remit in whole or in part any fine or penalty assessed or imposed by a court of record, court martial, or other authority, except as follows:

First. When judgment has been rendered against any person for a contempt of court, other than for non-performance of, or disobedience to, some order, decree or judgment; or when any fine or penalty is imposed by the sentence of a court martial, the governor may pardon the offense and remit the fine or penalty, either in whole or in part.

Second. When any fine has been imposed, if the same or any part thereof, when collected, would be payable to the state, and has not