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. Legislation § 1555. Enacted February 14, 1872 (N. Y. Code Crim. Proc., § 834); in substance the same as Crim. Prac. Act, Stats. 1851, p. 287, § 672. § 1556. Magistrate to return his proceedings to superior court. 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 detention, or may order his undertaking of bail to be canceled, or may continue his detention for a longer time, or readmit him to bail, to appear and surrender himself within a time specified in the undertaking. [Amendment approved 1880; Code Amdts. 1880, p. 35.] Legislation § 1556. 1. Enacted February 14, 1872; based on Crim. Prac. Act, Stats. 1851, p. 287, § 673, which had the words "court of sessions" instead of "county court," as in original code section. 2. Amended by Code Amdts. 1880, p. 35, changing (1) "next county court" to "superior court," (2) "time for his arrest" to "time of his arrest," and (3) "time to be specified" to "time specified." § 1557. Accounts for returning fugitives. When the governor of this state, in the exercise of the authority conferred by section 2, article 4, of the constitution of the United States, or by the laws of this state, demands from the executive authority of any state of the United States, or of any foreign government, 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 person employed to bring back such fugitive must be audited by the board of control and paid out of the state treasury; provided, however, that the state shall not pay the expenses of any such person so employed where the fugitive returned is not placed on trial, but such expense shall be a charge upon the county asking the requisition. [Amendment approved 1913; Stats. 1913, p. 244.] Legislation § 1557. 1. Enacted February 14, 1872; based on Crim. Prac. Act, § 674, as amended by Stats. 1854, Kerr ed. p. 169, Redding ed. p. 80, § 1, which read: "§ 674. When the governor of this state, in the exercise of the authority conferred by section two, article four, of the constitution of the United States, or by the laws of this state, shall demand from the executive authority of any state or territory of the United States, or of any foreign government, the surrender to the authorities of this state of a fugitive from justice, who shall be found and arrested in such state, territory or foreign government, the accounts of the person employed by him to bring back such fugitive shall be audited by the comptroller, and paid out of the state treasury." The section as enacted in 1872 was almost identical with the above, the only change consisting in the omission of the word "territory" in both instances in which it was used. 2. Amended by Stats. 1913, p. 244, the change from the section as it was enacted in 1872 consisting in the addition of the proviso. § 1558. No fee or reward to be paid to or received by any public officer procuring the surrender of fugitives, etc. No compensation, fee, or reward of any kind can be paid to or received by a public officer of this state, or other person, for a service rendered in procuring from the governor the demand mentioned in the last section, or the surrender of the fugitive, or for conveying him to this state, or detaining him therein, except as provided for in such section. Legislation § 1558. Enacted February 14, 1872. CHAPTER V. Miscellaneous Provisions Respecting Special Proceedings of a Criminal Nature. $ 1562. Parties to special proceedings, how designated. § 1563. § 1564. Entitling affidavits. § 1562. Parties to special proceedings, how designated. 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. Legislation § 1562. Enacted February 14, 1872. § 1563. Entitling affidavits. The provisions of section. fourteen hundred and one, in respect to entitling affidavits, are applicable to such proceedings. Erroneous title or want of title, effect of: See ante, §§ 1401, 1460. § 1564. Subpoenas. The courts and magistrates before whom such proceedings are prosecuted may issue subpoenas for witnesses, and punish their disobedience in the same manner as in a criminal action. Legislation § 1564. Enacted February 14, 1872 TITLE XIII. Proceedings for Bringing Persons Imprisoned in the State Prison, or the Jail of Another County, Before a Court. § 1567. Persons imprisoned in the state prison or the jail of another county, how brought before a court. § 1567. Persons imprisoned in the state prison or the jail of another county, how brought before a court. When it is necessary to have a person imprisoned in the state prison brought before any court, or a person imprisoned in a county jail brought before a court sitting in another county, an order for that purpose may be made by the court and executed by the sheriff of the county where it is made. Deposition of prisoner, when and how taken: See ante, § 1333. Prisoner as witness, proceedings on bringing in: See ante, § 1333. Legislation § 1567. Enacted February 14, 1872; based on Crim. Prac. Act, Stats. 1851, p. 289, § 683, which read: "§ 683. When it is necessary for any purpose to have a person who is in prison in any part of the state brought before a court of criminal jurisdiction, an order for that purpose may be made by the court, and the order shall be 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. Fines and forfeitures, how disposed of. All fines and forfeitures collected in any court, except police courts and city justices courts, must be paid to the county treasurer of the county in which the court is held; provided, that all forfeitures and fines collected in any court, for the violation of any city or town ordinance shall be paid to the city or town treasurer of the city or town in which such ordinance is in force; and further provided, that all fines and forfeitures collected in any police court or city justice's court that is maintained, and the salaries of the officers thereof, paid by the city, shall be paid to the city treasurer of the city in which such court is located, subject, however, to the provisions of chapter one of title fifteen of part one of this code. [Amendment approved 1905; Stats. 1905, p. 176.] Fines, how disposed of: See ante, § 1457. Forfeitures, how disposed of: See ante, § 1457. Legislation § 1570. 1. Enacted February 14, 1872; based on Crim. Prac. Act, Stats. 1851, p. 288, § 679, which had the words "of this state" after "in any court." When enacted in 1872, § 1570 read: "1570. All fines and forfeitures collected in any court, must be applied to the payment of the costs of the case in which the fine is imposed or the forfeiture incurred; and after such costs are paid, the residue must be paid to the county treasurer of the county in which the court is held." 2. Amended by Code Amdts. 1873-74, p. 454, inserting "except police courts" after "in any court." 3. Amended by Stats. 1901, p. 88, to read: "1570. All fines and forfeitures collected in any court must be paid to the county treasurer of the county in which the court is held; provided, that all forfeitures and fines collected in any court for the violation of any city ordinance shall be paid to the city treasurer of the city in which such ordinance is in force." 4. Amended by Stats. 1905, p. 176. |