tion defined 806. (§ 101.) The information is the allegation in Informawriting made to a magistrate that a person has been guilty of some designated offense. defined. 807. ($ 102.) A magistrate is an officer having Magistrate power to issue a warrant for the arrest of a person charged with a public offense. NOTE. The definition of the term "Magistrate," as used throughout this Code, is here given to save unnecessary repetition of the official names of the officers who come within this description. 808. (§ 103.) The following persons are magis- Who are trates: 1. The Justices of the Supreme Court; 2. The District Judges; 3. The County Judges; 4. The Judge of the Municipal Criminal Court of San Francisco; 5. Justices of the Peace; 6. Police magistrates in towns or cities. magistrates CHAPTER IV. THE WARRANT OF ARREST. SECTION 811. Examination of the prosecutor and his witnesses upon the information. 812. Depositions, what to contain. 813. When warrant may issue. 814. Form of warrant. 815. Name or description of the defendant in the warrant, and statement of the offense. 816. Warrant to be directed to and executed by peace officer. 818. To what peace officers warrants are to be directed. Examina tion of the SECTION 822. Defendant arrested for misdemeanor in another county, to be admitted to bail. 823. Proceedings on taking bail from the defendant in such cases. 824. When bail is not given. When magistrate who issued warrant cannot act. 825. No delay in taking defendant before magistrate. 827. Proceedings for offenses triable in another county. 829. Admission to bail. 811. (§ 104.) When an information is laid before prosecutor a magistrate of the commission of a public offense, and his witnesses upon the information. Dopositions, what triable within the county, he must examine on oath the informant or prosecutor, and any witnesses he may produce, and take their depositions in writing, and cause them to be subscribed by the parties making them. 812. (§ 105.) The deposition must set forth the to contain. facts stated by the prosecutor and his witnesses, tending to establish the commission of the offense and the guilt of the defendant. When warrant 813. (§ 106.) If the magistrate is satisfied theremay issue. from that the offense complained of has been committed, and that there is reasonable ground to believe that the defendant has committed it, he must issue a warrant of arrest. Form of warrant. 814. (§ 107.) A warrant of arrest is an order in writing, in the name of the people, signed by a magistrate, commanding the arrest of the defendant, and may be substantially in the following form: COUNTY OF The People of the State of California to any Sheriff, Constable, Marshal, or Policeman of said State, or of the County of : Information on oath having been this day laid before me, by A. B., that the crime of (designating it) has been committed, and accusing C. D. thereof, you this day of, eighteen NOTE.-The officer making the arrest may take the party before another Justice of the Peace, of the same county, who may make the examination and commit, in case of the absence or inability to act of the Justice issuing the warrant; and it is not essential to this end that the warrant contain such a direction.-Ex Parte Branigan, 19 Cal., p. 133. Name or description defendant in the warrant, state 815. (§ 108.) The warrant must specify the name of the defendant, or, if it is unknown to the magis- of the trate, the defendant may be designated therein by any name. It must also state the time of issuing it, the county, city, or town where it is issued, and signed by the magistrate, with his name of office. and be and statement of the offense. Warrant to be directed 816. (§ 109.) The warrant must be directed to to and and executed by a peace officer. executed by peace officer. Who are peace 817. (§ 110.) A peace officer is a Sheriff of a county, or a Constable, Marshal, or Policeman of a officers. township, city, or town. peace warrants are to be directed. 818. (§ 111.) If a warrant is issued by a Justice To what of the Supreme Court, District Judge, County Judge, officers or Judge of the Municipal Criminal Court of San Francisco, it may be directed generally to any Sheriff, Constable, Marshal, or Policeman in the State, and may be executed by any of those officers to whom it may be delivered. when and executed in another 819. (§ 112.) If it is issued by any other magis- Same; and trate, it may be directed generally to any Sheriff, Con- how stable, Marshal, or Policeman in the county in which it is issued, and may be executed in that county; or, if the defendant is in another county, it may be executed county. Indorsement on the warrant, for service in another county, how and upon what proof to be made. Defendant to be taken before the issuing the magistrate warrant, etc. Defendant meanor in Proceed ings on from the defendant therein upon the written direction of a magistrate of that county, indorsed upon the warrant, signed by him, with his name of office, and dated at the county, city, or town where it is made, to the following effect: "This warrant may be executed in the County of (naming the county.) 820. (§ 113.) The indorsement mentioned in the last section cannot, however, be made, unless the warrant of arrest be accompanied with a certificate of the Clerk of the county where such warrant was issued, under the seal of the County Court thereof, as to the official character of the magistrate; or unless upon the oath of a credible witness, in writing, indorsed on or annexed to the warrant, proving the handwriting of the magistrate by whom it was issued. Upon such proof, the magistrate indorsing the warrant is exempted from liability to a civil or criminal action, though it afterwards appear that the warrant was illegally or improperly issued. 821. (§ 114.) If the offense charged is a felony, the officer making the arrest must take the defendant before the magistrate who issued the warrant, or some other magistrate of the same county, as provided in Section 824. 822. (§ 115.) If the offense charged is a misdemeanor, and the defendant is arrested in another county, the officer must, upon being required by the defendant, take him before a magistrate in that county, who must admit the defendant to bail, and take bail from him accordingly. 823. (§ 116.) On taking the bail, the magistrate taking bail must certify that fact on the warrant, and deliver the warrant and undertaking of bail to the officer having charge of the defendant. The officer must then discharge the defendant from arrest, and must, without in such cases. delay, deliver the warrant and undertaking to the Clerk of the Court at which the defendant is required to appear. 824. (§§ 117, 118.) If, on the admission of the defendant to bail, the bail is not forthwith given, the officer must take the defendant before the magistrate who issued the warrant, or, in case of his absence or inability to act, before the nearest or most accessible magistrate in the same county, and must at the same time deliver to the magistrate the warrant, with his return thereon indorsed and subscribed by him. 825. (§ 119.) The defendant must in all cases be taken before the magistrate without unnecessary delay. ings where is taken before 826. (§ 120.) If the defendant is brought before Proceeda magistrate other than the one who issued the war- defendant rant, the depositions on which the warrant was granted another must be sent to that magistrate, or, if they cannot be magistrate procured, the prosecutor and his witnesses must be summoned to give their testimony anew. ings for offenses triable in county. 827. (§ 121.) When an information is laid be- Proceedfore a magistrate of the commission of a public offense triable in another county of the State, but showing another that the defendant is in the county where the information is laid, the same proceedings must be had as prescribed in this Chapter, except that the warrant must require the defendant to be taken before the nearest or most accessible magistrate of the county in which the offense is triable, and the depositions of the informant or prosecutor, and of the witnesses who may have been produced, must be delivered by the magistrate to the officer to whom the warrant is delivered. officer. 828. (§ 122.) The officer who executes the war- Duty of rant must take the defendant before the nearest or most accessible magistrate of the county in which the offense is triable, and must deliver to him the deposi |