§ 805. Return of warrant, and delivery to magistrate of inventory of property taken.-The officer must forthwith return the warrant to the magistrate, and deliver to him a written inventory of the property taken, made publicly, or in the presence of the person from whose possession it was taken, and of the applicant for the warrant, if they be present, verified by the affidavit of the officer, and taken before the magistrate, to the following effect: "I, A. B., the officer by whom this warrant was executed, do swear that the above inventory contains a true and detailed account of all the property taken by me on the warrant." § 806. Magistrate to deliver copy of inventory to the person from whose possession property is taken, and to applicant for warrant. 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. - 807. If grounds for warrant controverted, magistrate to take testimony. If the grounds on which the warrant was issued be controverted, the magistrate must proceed to take testi mony in relation thereto. The § 808. Testimony, how taken and authenticated. testimony given by each witness must be reduced to writing and authenticated in the manner prescribed in section two hundred 809. Property, when to be restored to person from whom it was taken. If it appear that the property taken not the same as that prescribed in the warrant, or that there is n probable cause for believing the existence of the grounds o which the warrant was issued, the magistrate must cause it to restored to the person from whom it was taken. § 810. Depositions, search warrant, return and inve tory, to be returned to court of sessions or city cou having jurisdiction of offense. The magistrate must ann together the depositions, the search warrant and return, and t inventory, and return them to the next court of sessions of t county or city court, having power to inquire into the offense respect to which the search warrant was issued, by the interv tion of a grand jury, at or before its opening on the first day. 8 811. Maliciously and without probable cause procuring search warrant, a misdemeanor. - A person who maliciously and without probable cause, procures a search warrant to be issued and executed, is guilty of a inisdemeanor. 812. Peace officer, exceeding his authority. A peace officer who, in executing a search warrant, willfully exceeds his authority, or exercises it with unnecessary severity, is guilty of a misdemeanor. See Penal Code, § 120. § 813. Person charged with felony supposed to have a dangerous weapon, etc.- When a person charged with felony is supposed by the magistrate before whom he is brought, to have upon his person a dangerous weapon, or any thing 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 the order of the court in which the defendant may be tried. TITLE III. OF THE OUTLAWRY OF PERSONS CONVICTED OF TREASON. SECTION 814. When application for outlawry may be made. 815. On what proof to be made. 816. Order that the defendant appear to receive judgment, or be outlawed. 817. Publication of order. 818. Judgment on appearance of defendant, or on his not appearing. 819. Effect of the judgment. 820. Filing judgment roll, and transcripts thereof. 821. Judgment roll, of what to consist. 822. Appeal may be at any time taken, by defendant, from judgment. 823. Appeal, how taken, and proceedings thereon. 824. Effect of reversal. 825 Defendant may be arrested to receive judgment, notwithstanding outlawry. 826. No other proceeding for outlawry in criminal cases allowed. 8814. When application for outlawry may be made.When, upon a bench warrant issued for the apprehension of a 300 THE CODE OF CRIMINAL PROCEDURE person who has pleaded guilty, or against whom a verdict has been rendered upon an indictment for treason, it is duly returned that the defendant cannot be found, the district attorney of the county may apply to the court in which the conviction was had, for judgment of outlawry. § 815. On what proof to be made. The application must be founded upon the return of the bench warrant, and upon proof, by affidavit, that the defendant has escaped, and on diligent search cannot be found within the county. § 816. Order that the defendant appear to receive judgment, or be outlawed. The court, upon being satisfied that the defendant has escaped, and cannot, upon diligent search, be found in the county, must make an order that he appear on the first day of the next term, to receive judgment upon the convic tion or be outlawed. § 817. Publication of order. The order must be immediately published, once a week for six successive weeks, in a newspaper published in the county, and in the state paper. The expense of the publication is a county charge. § 818. Judgment on appearance of defendant, or on his not appearing. If the defendant appear, judgment must be rendered against him upon the conviction. If he do not appear, the court, upon proof of the due publication of the order, must render judgment that the defendant be outlawed, and that all his civil rights be forfeited. 819. Effect of the judgment. The defendant is there upon deemed civilly dead, and forfeits to the people of this state during his life-time, and no longer, all freehold estate in rea property, of which he was seized in his own right, at the time o committing the treason, or at any time thereafter, and all hi personal property. See Penal Code, § 710. 820. Filing judgment roll, and transcripts thereof. Upon a judgment of outlawry, the judgment roll must be mad up, and filed with the clerk of the county in which the convi tion was had, and docketed with the same effect as in a civ action. A transcript thereof may also be filed and docketed, with the like effect, in any other county. § 821. Judgment roll, of what to consist. The judg ment roll consists of the several matters prescribed in section four hundred and eighty-five, 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. § 822. Appeal may be at any time taken by defendant from judgment. -An appeal may be taken by the defendant, at any time, from a judgment of outlawry. § 823. Appeal, how taken, and proceedings thereon. 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. 8824. Effect of reversal. If the judgment be reversed on appeal, the defendant is restored to his civil rights. 825. Defendant may be arrested to receive judgment, notwithstanding outlawry. - Notwithstanding judgment of outlawry against the defendant, he may be arrested at any time thereafter to receive judgment upon the conviction. 826. No other proceeding for outlawry in criminal cases allowed. No other proceeding for the outlawry of the defendant in a criminal action can be had than that provided in this title. TITLE IV. OF PROCEEDINGS AGAINST FUGITIVES FROM JUSTICE. CHAPTER I. Fugitives from another state or territory, into this state. CHAPTER I. FUGITIVES FROM ANOTHER STATE OR TERRITORY INTO THIS STATE. SECTION 827. To be delivered up by the governor, on demand of the executive authority of the state or territory from which they have fled. 828. Magistrate to issue warrant. 829. Proceedings for arrest and commitment of the person charged. 830. When, and for what time to be committed. 831. His admission to bail. 832. Magistrate to give notice to the district attorney, of the name of the person and the cause of his arrest. 833. District attorney to give notice to executive authorty of the state or territory, etc. 834. Person arrested to be discharged, unless surrendered within the time limited. 835. Magistrate to return his proceedings to the next court of sessions; proceedings thereon. 827. To be delivered up by the governor, on demand of the executive authority of the state or territory from which they have fled.-It shall be the duty of the governor, in all cases where, by virtue of a requisition made upon him by the governor of another state or territory, any citi zen, inhabitant or temporary resident of this state is to be arrested. as a fugitive from justice (provided that said requisition be accompanied by a duly certified copy of the indictment or infor mation from the authorities of such other state or territory, charging such person with treason, felony or crime in such state or terri tory), to issue and transmit a warrant for such purpose to th sheriff of the proper county or his under sheriff, or in the cities this state (except in the city and county of New York, where suc warrant shall only be issued to the superintendent or any inspector police) to the chiefs, inspectors or superintendents of police, an only such officers as are above mentioned, and such assistants they may designate to act under their direction shall be comp tent to make service of or execute the same. The governor m direct that any such fugitive be brought before him, and may f cause, by him deemed proper, revoke any warrant issued by hi as herein provided. The officer to whom is directed and trusted the execution of the governor's warrant must, with thirty days from its date, unless sooner requested, return the sa |