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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 conviction or be outlawed.

§ 817. Publication of order. The order must be imme diately 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.

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§ 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 thereupon deemed civilly dead, and forfeits to the people of this state, during his life-time, and no longer, all freehold estate in real property, of which he was seized in his own right, at the time of committing the treason, or at any time thereafter, and all his personal property.

See Penal Code, § 710.

820. Filing judgment roll, and transcripts thereof.Upon a judgment of outlawry, the judgment roll must be made up, and filed with the clerk of the 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.

The judg

§ 821. Judgment roll, of what to consist. 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.

§ 824. Effect of reversal. If the judgment be reversed on appeal, the defendant is restored to his civil rights.

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§ 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.



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



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 citizen, 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 information from the authorities of such other state or territory, charging such person with treason, felony or crime in such state or territory), to issue and transmit a warrant for such purpose to the sheriff of the proper county or his under sheriff, or in the cities of this state (except in the city and county of New York, where such warrant shall only be issued to the superintendent or any inspector of police) to the chiefs, inspectors or superintendents of police, and only such officers as are above mentioned, and such assistants as they may designate to act under their direction shall be competent to make service of or execute the same. The governor may direct that any such fugitive be brought before him, and may for cause, by him deemed proper, revoke any warrant issued by him, as herein provided. The officer to whom is directed and intrusted the execution of the governor's warrant must, within thirty days from its date, unless sooner requested, return the same

and make return to the governor of all his proceedings had thereunder, and of all facts and circumstances relating thereto. Any officer of this state, or of any city, county, town or village thereof, must, upon request of the governor, furnish him with such information as he may desire in regard to any person or matter mentioned in this chapter.

2. Before any officer to whom such warrant shall be directed or intrusted shall deliver the person arrested into the custody of the agent or agents named in the warrant of the governor of this state, such officer must, unless the same be waived, as hereinafter stated, take the prisoner or prisoners before a judge of the supreme court, of any superior city court, or the presiding judge of a court of sessions, who shall, in open court if in session, otherwise at chambers, inform the prisoner or prisoners of the cause of his or their arrest, the nature of the process, and instruct him or them that if he or they claim not to be the particular person or persons mentioned in said requisition, indictment, affidavit or warrant annexed thereto, or in the warrant issued by the governor thereon, he or they may have a writ of habeas corpus upon filing an affidavit to that effect. Said person or persons so arrested may, in writing, consent to waive the right to be taken before said court or a judge thereof at chambers. Such consent or waiver shall be witnessed by the officer intrusted with the execution of the warrant of the governor, and one of the judges aforesaid or a counselor at law of this state, and such waiver shall be immediately forwarded to the governor by the officer who executed said warrant. If, after a summary hearing as speedily as may be consistent with justice, the prisoner or prisoners shall be found to be the person or persons indicted or informed against, and mentioned in the requisition, the accompanying papers and the warrant issued by the governor thereon, then the court or judge shall order and direct the officer intrusted with the execution of the said warrant of the governor to deliver the prisoner or prisoners into the custody of the agent or agents designated in the requisition and the warrant issued thereon, as the agent or agents upon the part of such state to receive him or them; otherwise to be discharged from custody by the court or judge. If upon such hearing the warrant of the governor shall appear to be defective or improperly executed, it shall be by the court or

judge returned to the governor, together with a statement of the defect or defects, for the purpose of being corrected and returned to the court or judge, and such hearing shall be adjourned a sufficient time for the purpose, and in such interval the prisoner or prisoners shall be held in custody until such hearing be finally disposed of.

3. It shall not be lawful for any person, agent or officer to take any person or persons out of this state, upon the claim, ground or pretext that the prisoner or prisoners consent to go, or by reason of his or their willingness to waive the proceedings afore described, and any officer, agent, person or persons who shall procure, incite or aid in the arrest of any citizen, inhabitant or temporary resident of this state, for the purpose of taking him or sending him to another state, without a requisition first duly had and obtained, and without a warrant duly issued by the governor of this state, served by some officer as in this section provided, and without, except in case of waiver in writing as aforesaid, taking him before a court or judge as aforesaid, unless in pursuance to the provisions of the following sections of this chapter, and any officer, agent, person or persons who shall, by threats of undue influence, persuade any citizen, inhabitant or temporary resident of this state to sign the waiver of his right to go before a court or judge as herein before provided, or who shall do any of the acts declared by this chapter to be unlawful, shall be guilty of a felony, and upon conviction be sentenced to imprisonment in a state prison or penitentiary for the term of one year.

4. Any willful violation of this act by any of the above-named officers shall be deemed a misdemeanor in office.

See generally, 2 N. Y. L. J. 1989; 6 Eng. Rep. 138; 28 id. 33; 37 id. 131; 20 Alb. L. J. 425; 18 id. 166; 7 Am. Law Rec. 713-734; 1 Rob. Prac. 3-48; 1 Bish. Crim. Law, § 135 et seq.; 1 Bish. Crim. Proc., § 219 et seq.; 7 Abb. Pr. (N. S.) 95-106; 7 Abb. N. C. 43; 57 Am. Dec. 389-400.

As to the distinction between the executive and judicial functions in interstate extradition cases, see 2 Crim. L. Mag. 84.

As to powers of governors of states in inter-state extradition, see Knowlton's Case, 5 Crim. L. Mag. 250, 257, note.

As to revocation of a governor's warrant, see Work v. Carrington, 34 Ohio St. 64; 32 Am. Rep. 345.

The Federal Constitution, art. 4, § 2, subdiv. 2, provides: "A person charged in any state with treason, felony, or other crime, who shall flee from justice and be found in another state, shall, on demand of the executive authority of

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