tools, machines or materials prepared or provided for making either of them;

(2) To search for and seize any books, pamphlets, ballads, codes, 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;

(4) To search for and seize any gaming apparatus 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;

(5) In all cases in which a magistrate or court may issue search warrants under any other law of this state providing for the same.

SEC. 3. All search warrants shall be directed to the sheriff or any peace officer 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.

SEC. 4. If there be positive proof that any property, stolen or embezzled, is concealed in any particular house or 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.

SEC. 5. When any officer in the execution of a search warrant shall find any stolen or embezzled property or shall 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.

SEC. 6. The governor of this state may in any case authorized by the constitution and laws of the United States, appoint agents to demand of the executive authority of any 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 by the governor, be audited by the auditor general and paid out of the state treasury.

governor to

SEC. 7. Whenever a demand shall be made upon the gov- When ernor of this state by the governor of any other state or issue territory in any case authorized by the constitution and laws warrant. of the United States for the delivery over of any person charged in such state or territory with treason, felony or any other crime and there shall be produced with such demand a copy of the indictment found or information filed, or affidavit or complaint made before a magistrate of the state or territory demanding, charging the person so demanded with having committed treason, felony, or other crime within such state or territory, duly certified as authentic by the governor or chief magistrate of the state or territory from whence the person so charged fled, with due proof of the fleeing, it shall be the duty of the governor of this state to issue an order or warrant to the sheriff of the county in which such person so charged may be found, commanding him to forthwith arrest such alleged fugitive and to deliver him to the duly authorized agent appointed by the executive authority making such demand to receive him and remove him to the proper place for prosecution. But the sheriff, while May have Judicial the alleged fugitive is in his custody and before delivering examination. him up to the agent of the demanding state, shall afford him every facility to enable him to have a judicial examination if he desires it, by habeas corpus or otherwise, to ascertain whether the demand and arrest have been made comformably to the requirements of law so that such person if he ought not to be delivered may be duly discharged, and 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 offense against the laws of this state, or of the United States or by virtue of any civil process, and also whether such demand was made conformably to law, so that such person ought not to be delivered up. SEC. 8. If the governor shall be satisfied that the demand Agent to is conformable to law, and ought to be complied with, he shall warrant. 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.

execute

committed

SEC. 9. Whenever any person shall be found within this offense state charged with any offense committed in any other state in other or territory and liable by the constitution and laws of the state. 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 offense, and such other

Books, etc.

Lottery tickets.

Gaming apparatus,

etc.

To whom warrant directed.

Search in night time.

Property, by whom kept.

Governor may appoint agents.

tools, machines or materials prepared or provided for making either of them;

(2) To search for and seize any books, pamphlets, ballads, codes, 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;

(4) To search for and seize any gaming apparatus 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;

(5) In all cases in which a magistrate or court may issue search warrants under any other law of this state providing for the same.

SEC. 3. All search warrants shall be directed to the sheriff or any peace officer 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.

SEC. 4. If there be positive proof that any property, stolen or embezzled, is concealed in any particular house or 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.

SEC. 5. When any officer in the execution of a search warrant shall find any stolen or embezzled property or shall 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.

SEC. 6. The governor of this state may in any case authorized by the constitution and laws of the United States, appoint agents to demand of the executive authority of any 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. by the governor, be audited by the auditor general and paid out of the state treasury.

governor to

SEC. 7. Whenever a demand shall be made upon the gov- When ernor of this state by the governor of any other state or issue territory in any case authorized by the constitution and laws warrant. of the United States for the delivery over of any person charged in such state or territory with treason, felony or any other crime and there shall be produced with such demand a copy of the indictment found or information filed, or affidavit or complaint made before a magistrate of the state or territory demanding, charging the person so demanded with having committed treason, felony, or other crime within such state or territory, duly certified as authentic by the governor or chief magistrate of the state or territory from whence the person so charged fled, with due proof of the fleeing, it shall be the duty of the governor of this state to issue an order or warrant to the sheriff of the county in which such person so charged may be found, commanding him to forthwith arrest such alleged fugitive and to deliver him to the duly authorized agent appointed by the executive authority making such demand to receive him and remove him to the proper place for prosecution. But the sheriff, while May have the alleged fugitive is in his custody and before delivering examination. him up to the agent of the demanding state, shall afford him every facility to enable him to have a judicial examination if he desires it, by habeas corpus or otherwise, to ascertain whether the demand and arrest have been made comformably to the requirements of law so that such person if he ought not to be delivered may be duly discharged, and 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 offense against the laws of this state, or of the United States or by virtue of any civil process, and also whether such demand was made conformably to law, so that such person ought not to be delivered up.

judicial

execute

SEC. 8. If the governor shall be satisfied that the demand Agent to is conformable to law, and ought to be complied with, he shall warrant. 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.

committed

SEC. 9. Whenever any person shall be found within this Offense state charged with any offense committed in any other state foot or territory and liable by the constitution and laws of the state. 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 offense, and such other

Books, etc.

Lottery tickets.

Gaming apparatus,

etc.

To whom warrant directed.

Search in night time.

Property, by whom kept.

Governor may appoint agents.

tools, machines or materials prepared or provided for making either of them;

(2) To search for and seize any books, pamphlets, ballads, codes, 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;

(4) To search for and seize any gaming apparatus 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;

(5) In all cases in which a magistrate or court may issue search warrants under any other law of this state providing for the same.

SEC. 3. All search warrants shall be directed to the sheriff or any peace officer 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.

SEC. 4. If there be positive proof that any property, stolen or embezzled, is concealed in any particular house or 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.

SEC. 5. When any officer in the execution of a search warrant shall find any stolen or embezzled property or shall 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.

SEC. 6. The governor of this state may in any case authorized by the constitution and laws of the United States, appoint agents to demand of the executive authority of any 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. by the governor, be audited by the auditor general and paid out of the state treasury.