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CHAPTER I.

FUGITIVES FROM ANOTHER STATE OR TERRITORY, INTO THIS

STATE.

SEC. 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 authority

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

or sessions. Proceedings thereon.

$ 827. Requisitions from other states, etc.- A person charged in any state or territory of the United States, with treason, felony, or other crime, who shall fee 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 removea to the state or territory having jurisdiction of the crime.

Peo. ex rel. lukkles, 2 N. Y. Cr., 398 ; id. v. Mead, 1 id., 417.

§ 828. Magistrate to issue warrant. - 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.

§ 829. Proceedings for arrest and commitment of the person charged. 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 offense 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 offense, may be received as evicience before the magistrate.

§ 830. When, and for what time to be committed.If, from the examination, it appear that the person charged has committed the crime allegedl, 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 offense, unless he give bail, as provided in the next section, or until he be legally discharged.

$ 831. His admission to bail. — A judge of the supreme court inay 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.

§ 832. Magistrate to notify the district attorney. 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.

§ 833. District attorney to give notice to executive authority of the state, etc. 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 offense, to the end that a demand may be made for the arrest and surrender of the person charged.

$ 834. Person arrested to be discharged, unless duly surrendered. 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,

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§ 835. Magistrate to return his proceedings to the next court of sessions. Proceedings thereon. — 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 canceled, 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.

CHAPTER II.

FUGITIVES FROM THIS STATE, INTO ANOTHER STATE OR TERRI

TORY.

SEC. 836. Accounts of persons employed in procuring the sur

render of fugitives from this state, how paid.
837. No public officer of this state, to receive compensa-

tion for procuring demand or surrender of fugitive,
etc.

$ 836. Repealed.

§ 837. Repealed.

TITLE V. Of Proceedings respecting Bastards. CHAPTER I. Proceedings before magistrates, respecting bas

tards. II. Appeals from the orders of magistrates, respecting

bastards. III. Enforcement of the undertaking for the support of

the bastard or its mother, or for appearance on appeal.

CHAPTER I.

PROCEEDINGS BEFORE MAGISTRATES, RESPECTING BASTARDS.
SEC. 838. Definition of a bastard.

839. Who are liable for its support.
840. When bastard, chargeable to the public, is born or is

likely to be born, application to be made to a justice

of the peace or police justice. 841. Examination by the magistrate, and warrant against

the father. 842. Justice designated as a magistrate, and person pro

ceeded against as defendant. 843. Warrant, when to be served in another county 841. Magistrate in another county, may take undertaking

for support of bastard and mother, or for appear

ance of defendant at the sessions. 845. On giving undertaking, defendant to be discharged. 816. If undertaking not given, defendant to be taken be.

fore magistrate who issued the warr: 1t. 847. Before what magistrate in the same county, defend

ant is to be taken, when the magistrate issuing the

warrant is unable to act. 848. The magistrate to associate with himself, another

magistrate and they to examine the matter. 849. Adjournment of examination. Security from defend

ant. 850. Determination of the case, and order of the magis.

trates. 851. Defendant to pay the costs, and give undertaking for

support of bastard and mother, or for appcarance at

sessions. 852 On giving undertaking, defendant to be discharged ;

otherwise, to be committed. 853. Commitment of defendant, during examination. 854. Proceedings by magistrate, when security is given by

defendant on arrest out of the county. 855. Examination in such case, and order thereon. 856. Magistrates may compel mother to disclose the father

of the bastard. Proceedings, if she refuse. 857. If mother possess property, two magistrates may

make an order that she pay for the support of the child.

SEC. 858. If she do not comply, she must be committed, or dis

charged on undertaking. 859. Magistrates may reduce amount directed to be paid

by the father or mother. Court of sessions may re

duce or increase it. 860. Proceedings against the father or mother, absconding

froin their place of residence.

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$ 838. Definition of a bastard. -A bastard is a child who is begotten and born,

1. Out of lawful matrimony ;

2. While the husband of its mother was separate from her, for a whole year previous to its birth; or,

3. During the separation of its mother from her husband, pursuant to a judgment of a competent court.

Peo. v Overseers of Ontario, 15 Barb.,

286,

$ 839. Who are liable for its support. - The father and mother of a bastard are liable for its support. In case of their neglect or inability, it must be supported by the county, city or town in which it is born, as provided by special statutes.

Infancy no defense. Peo. v. Moores, 4 Denio, 518. See Peo. v. Overseers of Ontario, 15 Barb., 286.

§ 840. Application to inquire into the facts. — If a woman be delivered of a bastard, or be pregnant of a child likely to be born such, and which is chargeable to to a county, city or town, a superintendent of the poor of the county, or an overseer of the poor or other officer of the alms-house of the town or city where the woman is, must apply to a justice of the peace or police justice in the county, to inquire into the facts of the case.

Justice can only act in his county and on proper official appli. cation. Sprague v. Eccleston, 1 Lans., 74. See Wallsworth v. McCullough, 10 Johns., 93; Birdsall v. Edgerton, 25 Wend., 619. Evidence. Peo. ex rel. Fuller v. Carney, 29 Hun, 47.

§ 841. Examination by the magistrate and warrant against the father.—The magistrate must, by the examination of the woman on oath, and any other testimony which may be offered, ascertain the father of the bastard. and must issue his warrant, directed to a peace officer of the county, commanding him, without delay, to appre

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