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Search Warrant

for property stolen.

For what Search
Warrant may is-


Chapter One Hundred and Seventy of Revised Statutes of 1846.

(6114.) SECTION 1. When complaint shall be made on oath to any magistrate authorized to issue warrants in criminal cases, that personal property has been stolen or embezzled, or obtained by false tokens or pretences, and that the complainant believes that it is concealed in any particular house or place, such magistrate, if he be satisfied that there is reasonable cause for such belief, shall issue a warrant to search for such property.

(6115.) SEC. 2. Any such magistrate may also, upon like complaint made on oath, issue a search warrant, when satisfied that there is reasonable cause, in the following cases, to wit:

1. To search for and seize any counterfeit or spurious coin, forged bank notes, or other forged instruments, or any tools, machines, or other materials, prepared or provided for making either of them;

2. To search for and seize any books, pamphlets, ballads, printed papers, or other things containing obscene language,

or obscene prints, pictures, figures or descriptions, manifestly tending to corrupt the morals of youth, and intended to be sold, loaned, circulated or distributed, or to be introduced into any family, school or place of education;

3. To search for and seize lottery tickets, or materials for a lottery, unlawfully made, provided or procured for the purpose of drawing a lottery;

ed; Execution of.

4. To search for and seize any gaming apparatue, or implements used, or kept and provided to be used in unlawful gaming, in any gaming house, or in any building, apartment, or place resorted to for the purpose of unlawful gaming. (6116.) SEC. 3. All search warrants shall be directed to the To whom directSheriff or any Constable of the County, commanding such officer to search, in the day time, the house or place where the stolen property, or other things for which he is required to search, are believed to be concealed, which place, and the property or things to be searched for, shall be designated and described in the warrant, and to bring such property or other things before the magistrate issuing the warrant.

time when al

(6117.) SEC. 4. If there be positive proof that any property, Search in night stolen or embezzled, is concealed in any particular house or lowed. place, or that any such other things are then in any particular house or place, the warrant may authorize the searching of such house or place in the night time.

how kept and

(6118.) SEC. 5. When any officer in the execution of a search Property seized, warrant, shall find any stolen or embezzled property, or shall used, etc. seize any of the other things for which a search warrant is allowed by the provisions of this chapter, all the property and things so seized shall be safely kept, by the direction of the Court or magistrate, so long as shall be necessary for the purpose of being produced or used as evidence on any trial; and as soon as may be afterwards, all such stolen or embezzled property shall be restored to the owner thereof, and all the other things seized by virtue of any such warrant, shall be destroyed under the direction of the Court or magistrate.

appoint Agents to

of Foreign Gov

(6119.) SEC. 6. The Governor of this State may, in any case Governor may authorized by the Constitution and laws of the United States, demand Fugitives appoint agents to demand of the Executive authority of any ernments. other State or Territory, or from the Executive authority of any foreign government, any fugitive from justice, or any person charged with treason; and the accounts of the agents appointed for that purpose, shall, unless otherwise directed

Refugees in this


Persons who may be demanded by

be arrested.

by the Governor, be audited by the Auditor General, and paid out of the State Treasury. (a)

(6120.) SEC. 7. Whenever a demand shall be made upon the Governor of this State, by the Governor of any other State or Territory, in any case authorized by the Constitution and laws of the United States, for the delivery over of any person. charged in such State or Territory, with treason, felony, or any other crime, the Attorney General when required by the Governor, shall forthwith investigate the grounds of demand, and report to the Governor all material facts which may come to his knowledge, as to the situation and circumstances of the person so demanded, and especially whether he is held in custody, or is under recognizance to answer for any offence against the laws of this State, or of the United States, or by virtue of any civil process, and also whether such demand is made conformably to law, so that such person ought to be delivered up.

(6121.) SEC. 8. If the Governor shall be satisfied that the demand is conformable to law, and ought to be complied with, he shall issue his warrant, under the seal of the State, authorizing the agents who make such demand, either forthwith, or at such time as shall be designated in the warrant, to take and transport such person to the line of this State, at the expense of such agents, and shall also by such warrant require the civil officers within this State, to afford all needful assistance in the execution thereof.

(6122.) SEC. 9. Whenever any person shall be found within other States, may this State, charged with any offence committed in any other State or Territory, and liable by the Constitution and laws of the United States to be delivered over upon the demand of the Governor of such other State or Territory, any Court or magistrate authorized to issue warrants in criminal cases, may, upon complaint on oath, setting forth the offence, and such other matters as are necessary to bring the case within the provisions of law, issue a warrant to bring the person so charged before the same or some other Court or magistrate, within this State, to answer to such complaint as in other

Required to recognize, etc.


(6123.) SEC. 10. If, upon the examination of the person charged, it shall appear to the Court or magistrate that there

(a) As Amended by "An Act to Amend Section Six, Chapter One Hundred and Seventy, of the Revised Statutes of 1846." Approved and in force, January 10, 1853. Laws of 1853, p. 1.


is reasonable cause to believe that the complaint is true, and that such person may be lawfully demanded of the Governor, he shall, if not charged with a capital crime, or with murder in the first degree, be required to recognize, with sufficient sureties, in a reasonable sum, to appear before such Court or magistrate at a future day, allowing a reasonable time to obtain the warrant of the Governor, and to abide the order of such Court or magistrate in the premises.

cognize, failing to

ceeded with.

(6124.) SEC. 11. If such person shall not recognize, or if Refusing to rehe shall be charged with a capital crime, or with the crime appear, etc. of murder in the first degree, he shall be committed to prison, and there detained until such day, in like manner as if the offence charged had been committed within this State; and, if the person so recognizing shall fail to appear according to the condition of his recognizance, he shall be defaulted, and the same proceedings shall be had as in the case of other recognizances entered into before such Court or magistrate. (6125.) SEC. 12. If the person so recognized or committed, How to be proshall appear before the Court or magistrate upon the day ordered, he shall be discharged, unless he shall be demanded by some person authorized by the warrant of the Governor to receive him, or unless the Court or magistrate shall see cause to commit him, or to require him to recognize anew for his appearance at some other day; and if, when ordered, he shall not so recognize, he shall be committed and detained as before: Provided, That whether the person so charged shall be recognized, committed, or discharged, any person authorized by the warrant of the Governor, may, at all times, take him into custody, and the same shall be a discharge of the recognizance, if any, and shall not be deemed an escape.


(6126.) SEC. 13. The complainant in any such case shall be Expenses, how answerable for all the actual costs and charges, and for the support in prison of any person so committed, to be paid weekly, or otherwise, as may be ordered by the Court or magistrate; and, if the charge for his support in prison shall not be so paid, the jailor may, on the failure of the complainant, discharge such person from his imprisonment.


Wal. Ch. R., 840.

(6127.) SEC. 14. In all cases in which the Governor is Pardons by Gor. authorized by the Constitution to grant pardons, he may grant 2 oz. Mich., 68. a pardon upon such conditions, and with such restrictions, and under such limitations as he may think proper, and he may issue his warrant to all proper officers to carry into effect such conditional pardon; which warrant shall be obeyed and

executed, instead of the sentence, if any, which was originally awarded.

Warrant for such (6128.) SEC. 15. Whenever any convict is pardoned by the

purpose, how ex


ecuted and re- Governor, or his punishment is commuted, the officer to whom. the warrant for that purpose is issued, after executing the same, shall make return thereof, under his hand, with his doings thereon, to the Secretary of State, as soon as may be, and he shall also file in the Clerk's office of the Court in which the offender was convicted, a copy of the warrant and return, certified by him, a brief abstract of which the Clerk shall subjoin to the record of the conviction and sentence.

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