correct, and if the Executive is satisfied that the crime is of sufficient importance, he will issue his requisition upon the Governor of the State in which the fugitive is found, and in the same document appoint a certain person as an agent to present the demand and to receive the fugitive. This demand is to be presented to the Governor of the second State, whose duty then would be to issue a warrant directing the arrest of the person charged, and the delivery of him to the duly appointed agent. The warrant of the Governor for the surrender of the fugitive is conclusive that the demand is right and ought to be complied with.1 In some States there are provisions in the statutes to the effect that a person arrested as a fugitive shall not be delivered up until he has been notified of the demand for him and an opportunity given him to apply for a writ of habeas corpus, if he claims that right within twenty-four hours after such notice.2 — § 175. Suppression of Riots. All peace officers are required to see that all riotous and disorderly assemblages of persons are dispersed, and the public peace maintained and preserved. In case of such assemblages it would be the duty of an officer, upon being informed thereof, to go as near as he can with safety to the unlawful assembly, and, in the name of the State, command the people present immediately to disperse themselves, and peaceably to depart to their habitations, or to their lawful business, under penalty of arrest. This is sometimes called "reading the riot act ;" and any person present refusing to obey the command may be arrested and detained until he can be properly brought before a court. 1 Kingsbury's Case, 106 Mass. 223. 2 Vt. Rev. Laws, §§ 1767-1772; Mass. Pub. St., ch. 218, § 4; Conn. - § 176. Habeas Corpus. The writ of habeas corpus, which may be issued by the Justices of the courts, and in some cases by Justices of the Peace, is directed to an officer or person who has another person in his custody, and commands such officer or person to produce the person detained before the proper authority, which is named in the writ, in order that due inquiry may be made to ascertain if he is lawfully held in custody. Such writ usually is not served by an officer upon the person to whom directed, but is delivered directly to such person, who is obliged to receive it and forthwith to obey the commands therein contained; that is, he should take the person detained by him as soon as he can before the Justice or Court named in the writ, and at the same time make a return upon the writ, which return must set forth the authority by which such detention is had, and if it be by virtue of any precept or process, a copy of such process should be annexed to the return.1 Any person, to whom such writ is directed, refusing to receive it or to obey its precepts, does so at his peril. After the prisoner is brought before the Justice or Court, and the return of the writ is made, the Justice or Court will make an examination of the case and make such order in reference to the further custody of the prisoner as may be legal and proper, and such further orders are to be obeyed. § 177. The Return. An officer who has served a warrant of any kind in a criminal proceeding should make his return upon the same, and deliver it as soon as possible to the authority from whom it issued. This return, like that in civil process, should state in detail what has been done by the officer. If an arrest was made and the prisoner was admitted to 1 See Forms, page 339. bail, it should be so stated. If the process be a search warrant, it should state that the premises described in the warrant were searched; what was found therein, if anything; and if nothing, that fact should be stated; and that the articles found and the person in whose possession they were found are brought before the Court. If the process be a mittimus for the execution of a sentence, the return should show that the person named in the mittimus was delivered to the proper officer, and that a copy of the mittimus attested by the officer was delivered with the prisoner. CHAPTER XI. FORMS AND PRECEDENTS. § 178. General Suggestions. 179. Service of Summons. 180. Service of Attachments. 181. Service of Executions on Personal Property. 182. Service of Executions on Real Estate. § 178. General Suggestions. It has been frequently suggested in the preceding pages that an officer should be careful to make a proper return of all his acts in the service of legal process; and the same remark might be made in reference to all certificates, notices, bonds, or other written instruments which he is called upon to make or to accept. It is true that he is not held to the same degree of strictness which would be required of a person who is learned in the law, and that the courts will give effect to all returns, though inartistically drawn, provided sufficient appears therein to enable them to determine what acts were performed by the officer; and inaccuracies in spelling or in grammatical construction will not affect the validity of the acts done, or of the return which is made thereof. If errors occur in the returns as made, in some cases the officer can amend his return; but this can only be done by obtaining leave of the court to which the process has been returned, and this leave will not be granted in any case in which it appears that the rights of other persons than the parties to the action may possibly be injuriously affected. The return which is made upon a legal process becomes a matter of public record, and often determines the rights of parties to property or to personal liberty. From these considerations it is evident that an officer should endeavor, as far as possible, to make all his written instruments, and especially his returns, accurate in all particulars. As a general rule, an officer in making a return of service of legal process, after giving the name of the county, and the date, should state in detail everything which he has done in such service, and in the order of performance, sign his name thereto, with the title of his office, and also add a detailed statement of his fees. The following are suggested as suitable forms and precedents for the use of officers in making returns, notices, bonds, and other written instruments connected with the service of process. In these forms the letters A. B. will be used to designate the creditor or plaintiff, C. D. the debtor or defendant, T. S. the trustee or garnishee, D. S. the sheriff or officer making the service, and the dates and names of counties, towns, etc., will be left blank. § 179. Service of Summons. 1. Return on Writ of Summons. SS. [Date.] By virtue of this writ I have this day summoned the withinnamed C. D. to appear at court as within directed by reading this writ to him in his presence and hearing [or, by delivering to him in hand a true and attested copy of this writ, or, by leaving a true and attested copy of this writ at his last and usual place of abode]. Fees. D. S. |