Page:Federal Reporter, 1st Series, Volume 10.djvu/819

 UNITED STATES V. HARDBN. 807 �duties of commissioners have been stated in an opinion in the Case of Nicholas Ebbs, delivered at this term, (10 Fed, Ebp. 369,) and I deem it unnecessary to restate them in this opinion, except when closely conneoted with other matters now under consideration. �Commissioners have authority to commit defendants to county jails, as there is a state statute which provides : �" That whan a prisoner shall be committed to the keeper of any jail in tho state by the authority of the United States, such keeper shall receive the prisoner and commit him accordingly; and every keeper of a jail refusing or neglecting to take possession of a prisoner delivered to him by the authority aforesaid, shall be subject to the same penalties as for neglect or refusai to commit any prisoner delivered to him under the authority of the state." Bat. Rev. 695. �The mittimus must be directed to the marshal commanding him to convey the prisoner into the custody of the jailer, and it must also direct and command the jailer to receive the prisoner and keep him in close custody until discharged, or taken from bis custody by some proper process of law. The marshal must deliver a copy of such mittimus to the jailer as bis authority to hold the prisoner, and the original warrant, "with due entry of service, must be returned to the proper officer. �A jailer ought never to receive a prisoner into his custody without some written authority to detain him, issued by a person having power to grant such authority, except under the order of a court in session. When the marshal or his deputies have arrested a person, and there is some urgent necessity for committing him to jail, they ought to furnish a copy of the warrant to the jailer, and a written statement of the causes which induce the necessity for such commit- ment. Where the marshal or his deputy arrests a defendant on a capias from a court of record, he has power to take a recognizance of bail as sheriiis can do, and if the defendant fails to give bail he may commit him to a jailer, but he ought to give the jailer a written state- ment of the authority under which he makes such commitment. �This is not an absolute commitment, as the marshal can take the prisoner out of the custody of the jailer when it beeomes necessary for him to complete the service of the capias by producing the body of the prisoner at the ensuing term of court. �In this state the powers and duties of a justice of the peace are generally confined to his county of residence, and his warrants can only run within such limits. He may issue a warrant to arrest a person in his county for an ofience committed in another county, and ��� �