county in which the conviction was had, and docketed with the same effect as in a civil action. A transcript thereof may also be filed and docketed, with the like effect, in any other county.

Taken from 2 R. S. 3d ed. 829, sec. 21.

§ 891. The judgment roll consists of the several matters prescribed in section 550, except the fifth subdivision; to which must be annexed a certified copy of the order to appear for judgment, the affidavits proving its publication, and a certified copy of the judgment of outlawry.

§ 892. An appeal may be taken by the defendant, at any time, from a judgment of outlawry.

The last section is taken from 2 R. S. 3d ed. 830, sec. 22.

§ 893. The appeal may be taken in person or by counsel, in the same manner, and the proceedings thereon are the same, as upon an appeal from a judgment of conviction on an indictment.

§894. If the judgment be reversed, on appeal, the defendant is restored to his civil rights.

The last section is the same as 2 R. S. 3d ed. 830, sec. 23.

§ 895. Notwithstanding judgment of outlawry against the defendant, he may be arrested at any time thereafter, to receive judgment upon the conviction.

Same as 2 R. S. 3d ed. 830, sec. 22.

§ 896. No other proceeding for the outlawry of the defendant in a criminal action, can be had, than that provided in this title.

Taken from 2 R. S. 3d ed. 830, sec. 24.

TITLE IV.

OF PROCEEDINGS AGAINST FUGITIVES FROM JUSTICE.

CHAPTER I. Fugitives from another state or territory, into this state.
II. Fugitives from this state, into another state or territory.

CHAPTER I.

FUGITIVES FROM ANOTHER STATE OR TERRITORY, INTO THIS STATE.

SECTION 897. To be delivered up by the governor, on demand of the executive authority of the state or territory from which they have fled.

898. Magistrate to issue warrant.

899. Proceedings for arrest and commitment of the person charged. 900. When, and for what time to be committed.

901. His admission to bail.

902. Magistrate to give notice to the district attorney, of the name of the
person and the cause of his arrest.

903. District attorney to give notice to executive authority of the state or
territory, or to the prosecuting attorney or presiding judge of the
city or county therein, having jurisdiction of the offence.
Person arrested to be discharged, unless surrendered within the
time limited.

904.

905. Magistrate to return his proceedings to the next court of sessions.

Proceedings thereon.

§ 897. A person charged in any state or territory of the United States, with treason, felony, or other crime, who shall flee from justice and be found in this state, must on demand of the executive authority of the state or territory from which he fled, be delivered up by the governor of this state, to be removed to the state or territory having jurisdiction of the crime.

Declaratory of the duty imposed upon the governor, by art. 4 sec. 2, subd. 2, of the constitution of the United States.

i

§ 898. A magistrate may issue a warrant for the apprehension of a person so charged, who shall flee from justice and be found within this state.

Taken from 2 R. S., 3d ed., 797, sec. 37.

§ 899. The proceedings for the arrest and commitment of the 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 offence committed in this state; except, that an exemplified copy of an indictment found, or other judicial proceeding had against him, in the state or territory in which he is charged to have committed the offence, may be received as evidence before the magistrate.

Conformable to 2 R. S., 3d ed, 797, sec. 38.

§ 900. If, from the examination, it appear, that the person charged has committed the crime alleged, the magistrate, by warrant reciting the accusation, must commit him to the proper custody in his county, for a time specified in the warrant, which the magistrate deems 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 or territory in which he committed the offe e, unless he give bail, as provided in the next section, or until he be legally discharged.

Conformable to 2 R. S., 3d ed., 797, sec. 39.

§ 901. The magistrate may admit the person arrested, to bail, by an undertaking, with sufficient sureties 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 be arrested upon the warrant of the governor of this state.

Taken from 2 R. S., 3d ed., 797, sec. 40.

§ 902. Immediately upon the arrest of the person charged, the magistrate must give notice to the district attorney of the county, of the name of the person and the cause of his arrest.

Taken from 2 R. S., 3d ed., 797, sec. 41.

§ 903. The district attorney must immediately thereafter, give notice to the executive authority of the state or territory, or to the prosecuting attorney or presiding judge of the criminal court of the city or county therein, having jurisdiction of the offence, to the end that a demand may be made for the arrest and surrender of the person charged.

Taken from 2 R. S., 3d ed., 797, sec. 41.

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

Taken from 2 R. S., 3d ed., 797, sec. 42.

905. The magistrate must return his proceedings to the next court of sessions of the county, which must thereupon inquire into the cause of the arrest and detention of the person charged; and if he be in custody, or the time for his arrest have not elapsed, it may discharge him from detention, or may order his undertaking of bail to be cancelled, or continue his detention for a longer time, or re-admit him to bail, to appear and surrender himself within a time specified in the undertaking.

Taken from 2 R. S., 3d ed. 797, 798, Sec. 43.

CHAPTER II.

FUGITIVES FROM THIS STATE, INTO ANOTHER STATE OR TERRITORY.

SECTION 906. Accounts of persons employed in procuring the surrender of fugitives from this state, to be paid out of the state treasury.

907. No public officer of this state, to receive compensation for procuring demand or surrender of fugitive, or conveying him to, or detaining him in this state.

908. Violation of the last section, a misdemeanor.

This chapter is designed to regulate a very important branch of criminal practice. The power to demand a fugitive from justice, is one of the most delicate acts of sovereign authority, and should only be exercised in cases where the public welfare demands it, The cases in which its exercise is most frequently called for, though falling within the legal definition of public offences, are rather of a private than a public character; and it is well known, that the executive has always been in the habit of scrutinizing them with great jealousy. The Commissioners refer to cases of false pretences, to which, in a former part of this report, they have already alluded, as requiring greater vigilance on the part of the grand jury in their investigation, than is sometimes extended to them; see p. 116, 117; and a higher degree of evidence to sustain them, than that which is now required. See sec. 455, and note, p. 216. In cases of this description, the Commissioners believe that a large portion, if not a majority of the applications, for the exercise of this high prerogative on the