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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 of California, Enacted in 1872: As Amended Up to and ... - Page 514
by California - 1906 - 971 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
...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 as that described...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 - 562 pages
...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 as that described...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
...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
...witness must be reduced to writing, and certified by the magistrate. ART. 1838, Sec. 060. If it appear ngress, 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
...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 as that described...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 - Law - 1864 - 734 pages
...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 as that described...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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Laws of the Territory of Idaho

Idaho (Ter.) - Law - 1864 - 762 pages
...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 as that described...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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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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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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The Penal Code of California, Volume 4

California - Criminal law - 1872 - 698 pages
...must be reduced to writing and authenticated in the .manner prescribed in Section 869. 1540: (§ 660.) If it appears that the property taken is not the same...that there is no probable cause for believing the it existence of the grounds on which the warrant was issued, the magistrate must cause it to be restored...
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