, 1854-05-13

SEARCH WARRANTS AND PRocEEDINds THEREON
Sec l. Be IL enacted by the LegtsIdtiue
Assembly Of the Territory Of Waskiagtcn,
That when complaint shall have been made
on oath, to any magistrate authorized to-
issue warrants in criminal cases, personal
property has been stolen or embezzled, or
obtained by false tokens or pretences, and
that the complainant believes that it IA
concealed in any particular house or place,
the magistrate, it he be satisfied that thern
is reasonable cause for such belief, shAlb
issue a warrant to search for such property,
See. 2. Any such magistrate when sat
siied that there is reasonable cause, may
also, uron like complaint, made on oath,
issue search warrant in the following casea,
to,wit: lu
fist. To search for and seize any conna
teffeit or spurious coin, or forged instra-
ments, or tools, machines or materials. pre-
pared or provided for making either O6
them. u
Cd. To search for aud seize any gaming
apparatus, used or kept, and to be used in
any unlawful gaming, in any gaming houaa,
or in any building, apartment or place, re-
sorted to for the purpose of unlaVf0f
gaming. -
Sec 3. All such warrants shall be d.
rected 10 the sheriff Of the county, or hik
deputy, or TO any constable of the county,
commanding such officer to search the house
or place where the stolen property or other
things for which be is required TO search
are believed to be concealed, which placa
and property, or things to he searched for
shall Le designated and described in tha
warrant, and to bring such stolen property
or other things, when found, and the per-
son in whose possession the same shall ho
found, before the magistrate who shall issue
the warrant, or before some other magis;
trate or court having Cognizahce Of Che case.
See. 1. When any officer in the, exeeu-
ton Of u search warrant, shall find any sto-
len or embezzled property, or shall seize any
other things for which search is allowef
by this chapter, all the property and
things so seized, shall be safely Kept by tf9
direction Of the court or magistrate, 90 long
as shall be necessary for the purpose Of be-
ing produced in evidence on any trial, and
as soon as may be afterwards, all such sto-
len and embezzled property shall be re-
stored to the owner thereof, and al other
things seized by virtue Of such warrant,
shall be destroyed under direction Of the
court or magistrate.
DE1ASpISG FUGIrIvEs FROM JUSTICE.
Sec. 5. The governor of this Territory
may in any case authorized by the constitn,
ton and laws of the United States, sppoint
agents TO demand Of the executive author
ity of any State or Territory, any fugitive
from justice, or any other person charged
with felony or any other crime in this Ter.
ritory, and whenever an application shall
be made TO the governor for that purpose,
he prosecuting attorney or any other pros.
ecutinS officer Of the Territory, when re-
quircd by toe governor, shall forthwith in.
Yestigate the ground of such applications
and report 10 ths governor all material cir
cumstances which may como 10 his knoWh
edge, with an abstract of the evidence and
his opinion as TO the expediency Of the do
mand, but the governor may in any case
appoint such agents without requiring the
opinion of, or any report from the prosecu-
ting attorney, and the accounts Of the eagents
appointed for such purpose, shall in all car
ses be audited by the Territorial auditor, and
paid from the Territorial treasurer.
Sec. 6. When demand shall be made
upon the governor Of this Territory by the
executive of any State or Territory, in any
case authorized by the constitution and laws
!. of the United Suites for the delivery, oser
of any person charged in such State or Ter
ritory, with treason, felony, or any other
crime, the prosecuting attorney or any other
prosecuting officer, when required by the
governor, shall forthwith investigate tho
ground Of such demand, and report 10 the
governor all material facts which mag como
TO his knowledge as to the situation and
circumstances of the person so demanded,
, especially as to whether be is held in Gus
tody, or is under recognizance to answer
for any offence againSt the laws of this
Territory or of the United States or By
force of any civil process, and also whether
such demand is made according to law, so
that such person ought to be delivered up !;
: aud if the governor be satisfied that such
: demand is conformable to law and ought to
4 be complied with, he shall issue his warrant
: under the seal Of the Territory, autheri-
: izing The agents who make such demand,
= either forthwith or at such time as shall be
! designated by the warrant, 10 take and.
: transport such person 10 the line Of tho
Territory at the expense Of such agents,
I and shall also by such warrant require the
: civil officers within this Territory. to afford
I all needful assistance in the execution there
: Of. +c.
: Sec. I. Whenever any person shall be
: found within this Territory charged with
any offence committed in any State or Ter.
9 ritory, and liable by the constitution and
; laws Of the United States, to be delivered
9 on the demand of the executive Of such
State or Territory, any court or magistrate
/ authorized 10 issue warrants 10 criminal ca