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The State on which the demand is made is not bound to deliver up the offender until its own laws are satisfied-51 How. Pr. 422. One State cannot enforce the penal or criminal laws of another, or punis h offenses against another State or sovereignty-10 Wheat. 66; id. 123; 14 Johns. 338; 3 Dutch. 499; 17 Mass. 515, 548; Tayl. (N. C.) 65; 14 Vt. 357; 4 Humph. 456.

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 the 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.

Person, when discharged.-When a person is arrested before a demand for his surrender has been made, he is entitled to his discharge, if after his examination has commenced it is postponed against his consent for a longer period than that mentioned in § 861 of this Code-51 Cal. 288.

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 detenion, or may order his undertaking of bail to be canceled, or may continue his detention for a longer time, or reidmit him to bail, to appear and surrender himself withn a time specified in the undertaking. [In effect April 2th, 1880.]

1557. When the governor of this State, in the exercise of the authority conferred by section two, article four, d the Constitution of the United States, or by the laws d this State, deinands from the executive authority of any State of the United States, or of any foreign governmen 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 pers employed by him to bring back such fugitive must be audited by the board of examiners, and paid out of the State treasury.

The fact that a fugitive from justice has not been heard from sixteen months, and that be was a passenger on a particular vess bound for a specified port, and that neither the vessel or crew ever been heard from, is not sufficient to raise a legal presumpun his death-8 Cal. 65.

1558. No compensation, fee, or reward of any can be paid to or received by a public officer of this Stat or other person, for a service rendered in procuring fr the governor the demand mentioned in the last sect or the surrender of the fugitive, or for conveying him: this State, or detaining him therein, except as provid for in such section.

CHAPTER V.

MISCELLANEOUS PROVISIONS RESPECTING SPECIAL PROCEEDINGS OF A CRIMINAL NATURE.

$ 1562. Parties to special proceedings, how designated.

S 1563. Entitling affidavits.

$1564. Subpœnas.

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 pplicable to such proceedings.

1564. The courts and magistrates before whom such >roceedings are prosecuted, may issue subpoenas for witesses, and punish their disobedience in the same manner s 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. Persons imprisoned in another county, how brought before s court.

1567. When it is necessary to have a person impris oned in the State prison brought before any court, or a person imprisoned in a county jail brought before a cour sitting in another county, an order for that purpose mi be made by the court, and executed by the sheriff of the county where it is made.

TITLE XIV.

Disposition of Fines and Forfeitures.

$ 1570. Fines and forfeitures, how disposed of.

1570. All fines and forfeitures collected in any court, except Police Courts, must be applied to the payment of he costs of the case in which the fine is imposed or the Corfeiture incurred; and after such costs are paid, the -esidue must be paid to the county treasurer of the county n which the court is held. [Approved March 30th, 1874; n effect July 1st, 1874.]

The meaning of §§ 240, 1457, and this section, construed together, is hat for the crime of assault the defendant may be fined not exceeding ve hundred dollars, and in addition be adjudged to pay the costs of he proceeding; and the payment of the fine, but not of the costs, may e enforced by imprisonment-45 Cal. 146.

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