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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 Federal Reporter - Page 618
edited by - 1922
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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
...authenticated in the manner presc ibed in section 19 '. 898. If it appear that the property taken is not the same as that described in the warrant,...of the 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...
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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 - 486 pages
...testimony prescribed in this section, see sec. 203, p. 95. 879. If it appear that the property taken is not the same as that described in the warrant,...of the grounds on which the warrant was issued, the magistrate must cause it to be restored to the person from whom it was taken. 880. The magistrate...
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Compiled Laws of the State of California: Containing All the Acts of the ...

California, F. A. Snyder, S. Garfielde - Law - 1853 - 1071 pages
...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 - 871 pages
...writing, and certified by the magistrate. ART. 1838, Sec. 060. If it appear that the property taken on, felony, or breach of the peace. ARTICLE magistrate shall cause it to be restored to the person from whom it was taken. ART. 1839, Sec. 601....
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Provisional Laws and Joint Resolutions Passed at the First and Called ...

Jefferson Territory - Civil law - 1860 - 303 pages
...authenticated by the magistrate. When property to be restored. SEC. 447. If it appear that the property taken is not the same as that described in the warrant,...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
...reduced to writing, and certified by the magistrate. SEC. 647. If it appear that the property taken is not the same as that described in the warrant,...of the 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...
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Laws of the Territory of Idaho

Idaho - Law - 1864
...must proceed to take testimony in relation thereto. SEC. 647. If it appear that the property taken is not the same as that described in the warrant,...of the 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...
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The General Laws of the State of California, from 1850 to 1864, Inclusive ...

California, Theodore Henry Hittell - Law - 1865
...of 2247. SEC. 660. If it appear that the property taken is not the same as that deproperty, scribed fine and imprisonment. 1556. SEO. 3. Every person...spring, well or reservoir Polsonlnsr of water, sha magistrate shall cause it to be restored to the person from whom it was taken. Return of 2248. SEO....
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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
...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 - 850 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...of the 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...
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