Page:Federal Reporter, 1st Series, Volume 10.djvu/387

 UNITED BTATES V- EBBS. 375 �ants lo bring in and guard. When a defendant is admitted to bail ihe is placed in the custody of bis sureties, who have power to arrest him at any time they may desire ; and they must have bim before the court at the time and place designated in the bond, and they are not freed from this responsibility until the defendant is discharged, admitted again to bail, or placed in the custody of an officer of the law. If the magistrale hears the case and decides that the defend- ant shall give bail for bis appearance in court to anawer an indict- ment, and the defendant faila to give sufficient bail, he may be com- mitted to prison, and if no regular officer can conveniently be found the mittimus may be directed to any person who shall have power to execute the same. Bat. Eev. Ch. 33, § 97; Dean'a Case, 3 Jones, (N. G.) 393. �In such a case there is no legal requirement for the marshal or his •deputy being present, but if either should be present and the defend- ant is committed to the custody of such officer, then the marshal wbuld be entitled to charge for his own attendance and the service of a guard, if such service was rendered and was necessary, and the marshal must judge of such necessity, He would be responsible if the defendant should make an escape through his negligence in not summoning a guard. The law does not require or expect an officer, without assistance, to keep the custody of a prisoner eharged with crime. If he relies upon bis own vigilance, strength, and courage, and the prisoner escapes, he is not excused, no matter how earnestly and faithf iilly he endeavored to perform the duty imposed upon him. When the marshal or his deputy arrests a person under a warrant, the laiwrequires him to carry the alleged offender before some exam- ining magistrate as soon as the circumstances will permit. He may lodge the prisoner in the common jail, or resort to other modes of confinement, if any necessity or serious emergency should require such a course, — he must keep the prisoner. Nothing, however, but obvious necessity will authorize an officer to lodge a prisoner in jail before an examination and regular written commitment by a mag- istrate. This course may be adopted if the arrest is made in or near night, whereby he cannot attend the magistrate, or if there be danger of a rescue, or the party be too ill to appear before the magistrate, etc. 1 Chit. Crim. Law, 59; State v. James, 78 N. G. 455. �When a prisoner is brought before tho magistrate he is still in the custody of the officer, who must keep bim securely until he is dis- posed of in due course of law. As this high and strict responsibility is imposed by law upon the marshal he is authorized to summon the ��� �