another State or Territory, any citizen, inhabitant, or temporary resident of this State is to be arrested as a fugitive from justice (provided that said requisition be accompanied by a duly certified copy of the indictment or information from the authorities of such other State or Territory, charging such person with treason, felony, or other crime in such State or Territory), to issue and transmit a warrant for such purpose to the sheriff of the proper county or his under-sheriff, or in the cities of this State (except in the city and county of New York, where such warrant shall only be issued to the superintendent or any inspector of police), to the chiefs, inspectors, or superintendents of police, and only such officers as are above mentioned, and such assistants as they may designate to act under their direction, shall be competent to make service of or execute the same. The Governor may direct that any such fugitive be brought before him, and may for cause by him deemed proper revoke any warrant issued by him as herein provided. The officer to whom is directed and intrusted the execution of the Governor's warrant, must, within thirty days from its date, unless sooner requested, return the same and make return to the Governor of all his proceedings had thereunder, and of all facts and circumstances relating thereto. Any officer of this State, or of any city, county, town, or village thereof must, upon request of the Governor, furnish him with such information as he may desire in regard to any person or matter mentioned in this chapter.

2. Before any officer to whom such warrant shall be directed or intrusted shall deliver the person arrested into the custody of the agent or agents named in the warrant of the Governor of this State, such officer must, unless the same be waived as hereinafter stated, take the prisoner or prisoners before a judge of the Supreme Court, of any superior city court, or the presiding judge of a court of sessions, who shall, in open court if in session, otherwise at chambers, inform the prisoner or prisoners of the cause of his or their arrest, the nature of the process, and instruct him or them that if he or they claim not to be the particular person or persons mentioned in said requisition, indictment, affidavit, or warrant annexed thereto, or in the warrant issued by the Governor thereon, he or they may have a writ of habeas corpus upon filing an affidavit to that effect. Said person or persons so arrested may, in writing, consent to waive the right to be taken before said court or a judge thereof at chambers. Such consent or waiver shall be witnessed by the officer in

trusted with the execution of the warrant of the Governor and one of the judges aforesaid or a counsellor-at-law of this State, and such waiver shall be immediately forwarded to the Governor by the officer who executed said warrant. If after a summary hearing as speedily as may be consistent with justice, the prisoner or prisoners shall be found to be the person or persons indicted or informed against, and mentioned in the requisition, the accompanying papers, and the warrant issued by the Governor thereon, then the court or judge shall order and direct the officer intrusted with the execution of the said warrant of the Governor to deliver the prisoner or prisoners into the custody of the agent or agents designated in the requisition and the warrant issued thereon, as the agent or agents upon the part of such State to receive him or them; otherwise to be discharged from custody by the court or judge.

If upon such hearing the warrant of the Governor shall appear to be defective or improperly executed, it shall be by the court or judge returned to the Governor, together with a statement of the defect or defects, for the purpose of being corrected and returned to the court or judge, and such hearing shall be adjourned a sufficient time for the purpose, and in such interval the prisoner or prisoners shall be held in custody until such hearing be finally disposed of.

3. It shall not be lawful for any person, agent, or officer to take any person or persons out of this State upon the claim, ground, or pretext that the prisoner or prisoners consent to go, or by reason of his or their willingness to waive the proceedings afore described, and any officer, agent, person, or persons who shall procure, incite, or aid in the arrest of any citizen, inhabitant, or temporary resident of this State, for the purpose of taking him or sending him to another State, without a requisition first duly had and obtained, and without a warrant duly issued by the Governor of this State, served by some officer as in this section provided, and without, except in case of waiver in writing as aforesaid, taking him before a court or judge as aforesaid, unless in pursuance to the provisions of the following sections of this chapter, and any officer, agent, person, or persons who shall, by threats or undue influence, persuade any citizen, inhabitant, or temporary resident of this State to sign the waiver of his right to go before a court or judge as hereinbefore provided, or who shall do any of the acts declared by this chapter to be unlawful, shall be guilty of a felony, and upon conviction be sentenced to imprisonment in a State prison or penitentiary for the term of one year.

4. Any wilful violation of this act by any of the above-named officers shall be deemed a misdemeanor in office.

SECT. 2. Section eight hundred and twenty-eight of the code of criminal procedure is hereby amended so as to read as follows: SECT. 828. A magistrate may issue a warrant as a preliminary proceeding to the issuing of a requisition by the Governor of another State or Territory upon the Governor of this State for the apprehension of a person charged with treason, felony, or other crime, who shall flee from justice, and be found within this State. SECT. 3. Section eight hundred and thirty of the code of criminal procedure is hereby amended so as to read as follows:

SECT. 830. If from the examination under such warrant it appears probable that the person charged has committed the crime alleged, the magistrate, by warrant reciting the accusation, must commit him to the proper custody in his county for a time specified in the warrant, to enable an arrest of the fugitive to be made under the warrant of the Governor of this State, which commitment shall not exceed thirty days, exclusive of the day of arrest, on the requisition of the executive authority of the State or Territory in which he is charged to have committed the offence, unless he give bail, as provided in the next section, or until he be legally discharged.

SECT. 4. Section eight hundred and thirty-one of the code of criminal procedure is hereby amended so as to read as follows:

SECT. 831. Any judge of any court named in section eight hundred and twenty-seven may in his discretion admit the person arrested to bail by an undertaking with sufficient sureties and in such sum as he deems proper, for his appearance before him at a time specified in the undertaking, which must not be later than the expiration of thirty days from the date of arrest, exclusive of such date, and for his surrender, to be arrested upon the warrant of the Governor of this State.

SECT. 5. Section eight hundred and thirty-five of the code of criminal procedure is hereby repealed.

SECT. 6. This act shall take effect immediately.

[Laws of New York, 109 Session, 1886, pp. 915-917; chapter 638.]

The following rules, governing applications for requisitions, were adopted by Governor Hill.

STATE OF NEW YORK.

EXECUTIVE CHAMBER.

THE following rules will be observed by the Governor of the State of New York in reference to applications for requisitions on Governors of other States and Territories, and the Chief Justice of the Supreme Court of the District of Columbia (U. S. R. S. § 5278; R. S. relating to the District of Columbia, § 843).

The application must be made by the District Attorney of the county in which the offence was committed, and must be in duplicate original papers, except indictments, which must be certified copies.

The following must appear by the certificate of the District Attorney :

A. The full name of the person for whom extradition is asked, together with the name of the agent proposed, to be accurately spelled, in roman capital letters, for example, JOHN DOE.

B. That in his opinion the ends of public justice require that the alleged criminal be brought to this State for trial at the public expense, and that he is willing that such expense be a charge on the county in which the crime was committed.

C. That he believes he has sufficient evidence to secure a conviction of the fugitive.

D. That the person named as agent is a proper person, a public officer (naming his official position), and that he has no interest in the arrest of the fugitive.

E. If there has been any former application for a requisition for the same person growing out of the same transaction, it must be so stated, with an explanation of the reasons for a second request, together with the date of such application, as near as may be.

F. If the fugitive is known to be under either civil or criminal arrest, the fact of such arrest and the nature of the proceedings on which it is based must be stated.

G. That the application is not made for the purpose of enforcing the collection of a debt, or for any private purpose whatever, and that if the requisition applied for be granted, the criminal proceedings shall not be used for any of said objects.

H. That all papers in duplicate have been compared with each other and are, in all respects, exact counterparts.

I. Whether the offence charged is a felony or a misdemeanor, with a concise definition thereof, and a particular reference to the statute, giving chapter, title, article, page, and section, together with any amendments thereto, defining the offence and stating the punishment therefor.

J. When more than one year has elapsed since the commission of the crime, a full explanation must be given, and upon an application where no indictment has been found, the reasons therefor must be stated.

1. In cases of false pretences, embezzlement, or forgery, and all offences known as such prior to the enactment of the Penal Code, the affidavit of the principal complaining witness or informant that the application is made in good faith, for the sole purpose of punishing the accused, and that he does not desire or expect to use the prosecution for the purpose of collecting a debt, or for any private purpose, and will not directly or indirectly use the same for any of said purposes.

2. Proof by affidavit of fucts and circumstances satisfying the executive that the alleged criminal has fled from the justice of the State, and is in the State on whose executive the demand is requested to be made, must be given. No mere unsupported allegation will be received or accepted as conclusive upon this point. In addition to the facts and circumstances required, it must affirmatively appear what the occupation of the accused at the time of flight was; whether he was a resident or only in the State transiently; whether he was married; when the alleged fugitive left the State, and in general the previous history of the accused so far as it can be ascertained, - in short, the affiant's reasons for his belief that the accused is a fugitive from justice, and whether he is in the surrendering State transiently, or making it his residence, and his occupation therein. If the affidavit be not made by the District Attorney or some public officer, the District Attorney must certify that the affiant is a respectable person and entitled to credit.

3. If an indictment has been found, certified copies, in duplicate, must accompany the application.

4. If an indictment has not been found the facts and circumstances showing the commission of the crime charged, and that the accused perpetrated the same, must be shown by depositions taken before a magistrate (a notary public is not a magistrate within the meaning of the statutes) in support of an information, which must