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" If it appears that the property taken is not the same as that described in the warrant, or that there is no probable cause for believing the existence of the grounds on which the warrant was issued, the magistrate must cause it to be restored to the person... "
The Penal Code and Code of Criminal Procedure of the State of New York: With ... - Page 299
by New York (State), William Henry Silvernail - 1906 - 1192 pages
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First[-Fourth] Report of the Commissioners on Practice and Pleadings ...

New York (State). Commissioners on Practice and Pleadings - Civil procedure - 1848 - 904 pages
...witness must be reduced to writing and authenticated in the manner presc ibed in section 19 '. § 898. If it appear that the property taken is not the same...grounds on which the warrant was issued, the magistrate shall cause it to be restored to the person from whom it was taken. § 899. The magistrate shall annex...
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The Code of Criminal Procedure of the State of New York

New York (State)., New York (State). Commissioners on Practice and Pleadings - Criminal procedure - 1850 - 558 pages
...parties. For the manner of taking the testimony prescribed in this section, see sec. 203, p. 95. § 879. If it appear that the property taken is not the same...be restored to the person from whom it was taken. § 880. The magistrate must annex together the depositions, the search warrant and return, and the...
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Compiled Laws of the State of California: Containing All the Acts of the ...

California, Selucius Garfielde, Frederick A. Snyder - Law - 1853 - 1108 pages
...testimony given by each witness must be reduced to writing, and certified by the magistrate. SEC. 660. If it appear that the property taken is not the same...as that described in the warrant, or that there is 110 probable cause for believing the existence of the grounds on which the warrant was issued, the...
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Digest of the Laws of California: Containing All Laws of a General Character ...

William H. R. Wood - Law - 1857 - 834 pages
...given by each witness must be reduced to writing, and certified by the magistrate. ART. 1838, Sec. 060. endance on Congress, except for treason, felony, or breach of the peace. ARTICLE shall cause it to be restored to the person from whom it was taken. ART. 1839, Sec. 601. The magistrate...
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Provisional Laws and Joint Resolutions Passed at the First and Called ...

Colorado, Jefferson Territory - Civil law - 1860 - 312 pages
...be reduced to writing and authenticated by the magistrate. When property to be restored. SEC. 447. If it appear that the property taken is not the same...probable cause for believing the existence of the ground on which the warrant was issued, the magistrate shall cause it to be restored to the person...
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Laws of the Territory of Idaho

Idaho (Ter.) - Law - 1864 - 762 pages
...testimony given by each witness must be reduced to writing, and certified by the magistrate. SEC. 647. If it appear that the property taken is not the same...grounds on which the warrant was issued, the magistrate shall cause it to be restored to the person from whom it was taken. SEC. 649. Whoever shall maliciously...
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Laws of the Territory of Idaho

Idaho - Law - 1864 - 734 pages
...warrant was issued be controverted, he must proceed to take testimony in relation thereto. SEC. 647. If it appear that the property taken is not the same...grounds on which the warrant was issued, the magistrate shall cause it to be restored to the person from whom it was taken. SEC. 646. The testimony given by...
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The General Laws of the State of California, from 1850 to 1864, Inclusive ...

California, Theodore Henry Hittell - Law - 1865 - 662 pages
...of 2247. SEC. 660. If it appear that the property taken is not the same as that deproperty, scribed in the warrant, or that there is no probable cause...grounds on which the warrant was issued, the magistrate shall cause it to be restored to the person from whom it was taken. Return of 2248. SEO. 661. The magistrate...
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Cases Decided in the United States Court of Claims ... with ..., Volume 139

United States. Court of Claims, Audrey Bernhardt - Law reports, digests, etc - 1958 - 910 pages
...on its face, or (3) the property seized is not that described in the warrant, or (4) there was not probable cause for believing the existence of the grounds on which the warrant was issued, or (5) the warrant was illegally executed. The judge shall receive evidence on any issue of fact necessary...
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Treatise on the Civil and Criminal Jurisdiction of Justices of the Peace and ...

Charles W. Langdon - Constables - 1870 - 858 pages
...certified by the magistrate. 396. SKC. COO. If it appear that the property taken is not the same *t that described in the warrant or that there is no...grounds on which the warrant was issued, the magistrate shall cause it to be restored to the person from whom it was taken. 397. Sue. (id. The magistrate shall...
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