before the magistrate issuing the warrant or, if he is absent or unable to act, before the nearest or most accessible magistrate of the same county; (d) specify the name of the person to be arrested or, if his name is unknown to the magistrate, shall designate such person by any name or description by wrich he can be identified with reasonable certainty; (e) state the time when issued and the municipality or county were issued; and (f) be signed by the magistrate with the title of 'his office. For commentary see page 97. Section 4. Direction and execution of warrant. The warrant shall be directed to all peace officers in the state. It shall be executed only by a peace officer, and 4 may be executed in any county by any peace officer in 5 the state. 1 2 For commentary see page 103. Note: The purpose of this section is to facilitate the execution of a warrant by giving it a state-wide application. If in any state it should be deemed inadvisable, for constitutional or general administration reasons, to provide that a peace officer of one county should execute a warrant in another county it is recommended that the following provision be substituted for the above section: Section 4. Direction and execution of warrant. The warrant shall be directed to all peace officers in the state. It shall be executed only by a peace officer and may be executed in any county or municipality of the state by a peace officer of such county or municipality. Section 5. Procedure when warrant defective. (1) No warrant of arrest shall be quashed or abated in 3 any proceeding nor shall any person in custody for a 4 public offense be discharged from such custody because 5 of any informality in the warrant, but the warrant 6 may be amended, so as to remedy any such infor7 mality, by the official before whom the proceeding is 9 (2) If during the preliminary examination of any 10 person who has been arrested for the commission of a 11 public offense it appears to the magistrate conducting 12 the examination that the warrant of arrest does not 13 properly name or describe the person arrested or does 14 not properly set forth the nature of the offense for which 15 he was arrested or that although not guilty of the of16 fense specified in the warrant he is guilty of some other 17 offense, the magistrate shall not discharge such person 18 but shall forthwith issue a new warrant for his arrest. For commentary see page 112. 1 3 Section 6. Duty of officer after arresting with 2 warrant. When the arrest by virtue of a warrant occurs in the county where the alleged offense was com4 mitted and where the warrant was issued, the officer 5 making the arrest shall take the person arrested before 6 the magistrate who issued the warrant or, if that magistrate is absent or unable to act, before the nearest or most accessible magistrate in the same county. 7 1 For commentary see page 117. Section 7. Admission to bail when arrest occurs 2 in another county. When the arrest by virtue of a war3 rant occurs in a county other than that in which the 4 alleged offense was committed and the warrant issued, 5 if the offense set forth in the warrant is bailable as of 6 right, the officer making the arrest shall, upon being 7 so required by the person arrested, take him before 8 a magistrate or other official of such county competent 9 to admit to bail for such offense, who shall admit him 10 to bail for his appearance before the magistrate who 11 issued the warrant or, if he is absent or unable to act, 12 before the nearest or most accessible magistrate in the 13 same county. For commentary see page 122. Note: If the alternate provisions, appearing in the notes to sections 67 and 70, are enacted, section 7 should be amended by omitting the 1 phrase "bailable as of right" in the fifth line and in place thereof in- Section 7. Admission to bail when arrest occurs in another county. The purpose of this amendment is to confine the right to bail, in the situation covered by this section, to persons arrested for offenses below the grade of those termed "serious." The degree of seriousness is to be determined by the legislature of each state, which shall then insert a definite period of time in the blank. Section 8. Procedure when bail not given. If the 2 offense set forth in the warrant is not bailable as of 3 right or if, on the admission of the person arrested to 4 bail as provided in section 7, bail is not forthwith given, 5 the officer who made the arrest shall take the person 6 arrested before the magistrate who issued the warrant 7 or, in case of his absence or inability to act, before the 8 nearest or most accessible magistrate in the same county. 9 1 For commentary see page 127. Section 9. Issue of warrant when offense tri2 able in another county. When a complaint is made 3 before a magistrate of the commission of a public of 4 fense punishable by death or imprisonment for more 5 than years triable in another county of the state, but 6 it appears that the person against whom the complaint 7 is made is in the county where the complaint is made, 8 the same proceedings for the issuing of a warrant shall 9 be had as prescribed in this chapter, except that the 10 warrant shall require the person, against whom the 11 complaint is made, to be taken before a named or other12 wise designated magistrate of the county in which the 13 offense is triable or, in case of his absence or inability 14 to act, before the nearest or most accessible magistrate 15 of the same county. 1 For commentary see page 128. Note: The purpose of this section is to provide for the issuing of a warrant, in a county other than that in which the alleged offense occurred, in the case of "serious" offenses. The degree of seriousness is to be determined by the legislature of each state, which shall then insert a definite period of time in the blank. Section 10. Bail when warrant issued in other 2 county. If the offense set forth in the warrant, issued 3 pursuant to section 9 is bailable as of right, the officer 4 making the arrest shall, upon being so required by the 5 person arrested, take him before a magistrate or other 6 official, competent to admit to bail for such offense, of 7 the county in which the arrest is made, who shall ad8 mit him to bail for his appearance before the magis9 trate named or otherwise designated in the warrant 10 or, in case of his absence or inability to act, before the 11 nearest or most accessible magistrate in the same county. 12 1 For commentary see page 132. Section 11. Duty of officer when warrant issued 2 by magistrate of another county. If the offense set 3 forth in the warrant is not bailable as of right, or if, on 4 the admission of the person arrested to bail as provided 5 in section 10, bail is not forthwith given, the person 6 arrested shall be taken before the magistrate named or otherwise designated in the warrant or, in case of 8 his absence or inability to act, before the nearest or 9 most accessible magistrate of the same county. 7 For commentary see page 133. Section 12. When summons shall be issued. (1) Upon a complaint for a public offense which the magistrate is 3 competent to try summarily he shall issue a summons 4 instead of a warrant of arrest, unless he has reasonable 5 ground to believe that the person against whom the 6 complaint was made will not appear upon a summons, in which case he shall issue a warrant of arrest. 7 8 (2) Upon a complaint for a misdemeanor, which the 9 magistrate is not competent to try, he shall issue a 10 summons instead of a warrant of arrest, if he has rea11 sonable ground to believe that the person against 12 whom the complaint was made will appear upon a summons. 13 14 (3) The summons shall set forth substantially the 15 nature of the offense, and shall command the person 16 against whom the complaint was made to appear be17 fore the magistrate issuing the summons at a time and 18 place stated therein. For commentary see page 133. Note: There is a growing sentiment in this country in favor of the issuing of a summons instead of a warrant in the case of mild offenses where the person alleged to have committed the offense will probably appear without being taken into custody. The second sentence of the above section extends the use of the summons beyond that provided for in most of the states where summons may be issued instead of a warrant. Section 13. How summons served. The summons 2 may be served in the same manner as the summons in a civil action. 123 1 For commentary see page 136. Section 14. Effect of not answering summons. 2 If the person summoned fails, without reasonable cause, 3 to appear as commanded by the summons, he shall 4 be considered in contempt of court, and may be pun5 ished by a fine of not more than twenty dollars. Upon 6 such failure to appear the magistrate shall issue a war7 rant of arrest. 1 For commentary see page 137. Section 15. Summons against corporation. Upon 2 complaint against a corporation for the commission |