If the arrest is made by virtue of a warrant first issued, then the prisoner shall be immediately taken before the magistrate who issued the process, or in the event of his absence or inability to act, before some other magistrate or justice - usually the next nearest to the one who issued the warrant.

26 Ker vs. People, 110 Ill., 633; Ker vs. Illinois, 119 U. S., 436; Cook vs. Hart, 146 U. S., 183.

27 Bigham vs. State, 59 Miss., 530;

Prell vs. McDonald, 7 Kan., 426; Tracy vs. Williams, 4 Conn., 107.

If the crime with which the accused is charged is bailable, the magistrate will take his recognizance in such sum, with sureties, as the court shall deem satisfactory for his appearance at a future date for further examination, and for a failure to give such recognizance the accused shall be committed to jail. And of course if the crime with which the prisoner is charged is not bailable, he shall be committed until the day set for the hearing.

This inquiry before such magistrate is commonly called a preliminary hearing for the purpose of determining whether or not the accused should he held under bail, or otherwise to make answer to an indictment.

The magistrate or justice shall as soon as possible examine the witnesses produced touching the charge against the accused - those for as well as those against him. And if it appears to the magistrate or justice, upon the whole examination, that no offense has been committed, or that there is no probable cause for charging the accused with the offense, he shall be discharged.