Ex parte Ah Bau

*265By tbe Court,

Hawley, C. J.:

Petitioners are held in custody by tbe sheriff of Washoe County, by virtue of a commitment issued from tbe justice’s court of Eeno township, which recites that théy have been held to answer upon a charge of attempting' to break jail. They ask their discharge-upon two grounds: First. Because no examination has been had upon the charge alleged in the commitment. Second. Because, at the time of the alleged offense of prison-breaking, they were not lawfully confined in the county jail.

1. The statute contemplates that in all cases where a person has been arrested,…