Year: 1877

CHAPTER XXxvn.

 An Act concerning Fugitiyes From Jus

 tice.

 Be it enacted by the Senate and'House of

 Representatives in General Assembly

 convened:

 , Sec. 1. When any person Is found in this State charged with an offence com mitted in another State or Territory, and liable by the Constitution and laws of the United States to be delivered over upon the demand of the executive of such other State or Territory, any Judge of the Su- perior Court, upon the information of the State Attorney of the county where such information is made, and any city or Po- lice Court having criminal jurisdiction, upon the complaint of the proper prosecu- ting officer of such court. may issue a war rant to arteat the person charged and bring him before the authority issuing such warrant. or some other authority empowered by this act to issue the same, to answer such information or complaint as in other criminal cases; but before such warrant shall be issued, some person shall make affidavit before the authority issuing the same, to the facts necessary to bring the case within the provisions of this law.

 SEQ ?. If upon the hearing on such in. formation or complaint, the Judge or Court shall be satisfied upon due inquiry 1 that the person arrested is fugitive from justice, and that the proper authorities of such other State or Territory intend and are about to make demand upon the executive of thls State for the return of such pe' son, he shall be required, if charged with an offence bailable in the State or Territory where. committed, to recognize in reasonable sum with suffi- cient sureties to appear before such Judge or court at a future day, and to abide the order of such Court or Judge; and in ap- pointing the day for the appearance of such person a reasonable time shall be al- lowed in which to procure the warrant of the executive of this State for the arrest I of such person.

 Sec. 3. If such person does not so rec ognize, or if the offence with which he is charged is not bailable in the State or Territory where committed, he shall be committed to the county jail in the coun l ty where such proceedings are had, and there detained until the day appointed for his appearance, in like manner as if the offence charged had been committed | within this State.

 Sec. 4. If the person so recognized or committed appear before such Judge or Court upon the day ordered. he shall be discharged unless he is demanded by some person authorized by the warrant of the executive of this State to receive him, cause to order his appearance at some fu. ture day when he may be required to recognize or be committed and detained as before.

 Sec. 5. All recognizances taken under this act shall be taken to the State, and Ii the person recognizing fails to to appear according to the condition of his recogul zance, the same shall be forfeited, anc I like proceedings shall be had as in case o other recoRnizancess taken in crimina cases; provided, that if the person charged recognizes, or is committed, any persor authorized by the warrant of the Execu tive of this State, may at all times take him into custody, and the same shall be { discharge of the recognizance, and not bt deemed an escape.

 Sec. 6. The judge or court before whom such person shall have been exam ined and recognized or committed, shal imediately cause written notice to bt given to the state attorney of the count, where the examination takes place, if tn, proceedings are not had upon the infur nation of such attorney, of the name O such person and of the cause of his arrest and the said state attorney, in all cases shall immediately cause like notice to b. given to the Governor of the state or ter ritory, or to the State Attorney, or to th, II judge of the criminal court of the. city O county. of the State or territory in whicl the offence is charged to have been com mitted.

 Approved, Feb. 28. 1877.