In Re Susman

GRIFFIN, J.

The petition of Sidney Susman shows that in the State of New York, in October, 1952, a grand jury indictment was returned against him for “abandonment of children without means of support and in a destitute condition,” a felony under the laws of that state. It is charged that the abandonment took place in the year 1950. The governor of the State of New York issued an extradition warrant. It was presented to the governor of this state who, in February, 1953, authorized the extradition of defendant. While in custody under said warrant, petitioner presented to the Superior Court in San Diego County, where he now resides with his present wife and child, a petition for writ of habeas corpus. A hearing was duly had thereon and it was there shown that previously, on February 4, 1953, petitioner

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had submitted to the jurisdiction of that court under a claim of right given by section 1661 of the Code of Civil Procedure of this state, and that on February 5th that court issued its order requiring him, among other things, to pay $35 per week for the support of the two children named in the felony indictment. It was conceded that defendant fully complied with said order. In the habeas corpus proceeding it was contended that by reason of his compliance with said order, petitioner was, under section 1661,

supra,

relieved of extradition. After hearing, the court denied the petition for the writ and granted him a five-day stay of execution pending an application to this court for such a writ. An alternative writ was issued out of this court and bail was fixed at $1,000.

These facts were stipulated to by counsel for the respective parties and it was agreed that the transcript and proceedings had before the superior court and facts therein related may be presented as a part of the petition and return in this subsequent application for a writ of habeas corpus in this court. It was further agreed that the entire matter might be submitted forthwith without argument and on the record before us.

Counsel for petitioner relies principally upon the provisions of section 1650, Code of Civil Procedure et seq., known as the Reciprocal Enforcement of Support Law (Stats. 1951, vol. 1, chap. 694, p. 1906, effective the 91st day after June 23, 1951) wherein it is recited that the purposes of this law (Code Civ. Proc., § 1651) “are to improve and extend by reciprocal legislation the enforcement of duties of support and to make uniform the law with respect thereto.” See, also, prefatory note in Uniform Laws Annotated, 9A Miscellaneous Acts, 1952 Cumulative Pocket Part, page 39, as to the purposes of such a law.