Page:United States Statutes at Large Volume 30.djvu/1330

 1292 F1rrY-mnrn conennss. sms. III. cn. 429. 1899. I_{°**=,y*‘=·¤*- Wh Q Sec. 61. That when the indictment has been tiled, the defendant, if °° W °"° mmgmhe has been arrested, or as soon thereafter as he (may be, must be arraigned thereon before the court in which it is foun . m:,;¤i¤¤¤*°¤*~ h°" Sec. 62. That the arraignment must be made by tlée court, or by the ` clerk or the district attorney under its direction an consists in rea - ing the indictment to the defendant, and deliwiering to him_a copy · thereof and the indorsements thereon, including the list of w1tnesses indorsed on it or appended thereto, and asking him whether he pleads guilty or not guilty to the indictment. D¤f¤¤¤¤¤¢ ¤> l·•>i¤- SEO. 63. That if the defendant appear for arraignrnent without {.$°°m°:2{,l§$;?” °°` counsel, he must be informed by the court that it is his right to have . coun el before being arraigned, and must be asked if he desires the aid _ of counsel. qgwsw Mg: u18g2c, 64. That when the defendant is arraigned,_he must be informed me mm. a It the name by which he IS indicted be not his true name he must then declare his true name, or be proceeded against by the name in the indictment.Th · f d f h th mit Y¤>¤¤¢di¤s if 9** Sec. 65. at i the e endant give no other name e co may gi:°¢m”ii»`i$'e]i°t gm proceed accordingly. 1 _ _ i;¤>¢¤¤·ii¤g vl¤¤¤ ,Sec. 66. That 1f the defendant allege that another name 18 his true · 3.°Z..{°i.`§{l€£¤¤.g I v ° ° name the court must direct an entry thereof to be made in its journal and the subsequent proceedings on the indictment may be had against _ · him by that name, referring also to the name by which he is indicted. dc'}?¤l¤;=d•;ngl*{j}'9_m: Sec. 67. That 1f, on the arraignment, the defendant reqmre 1t, he rnénmeunm. must be allowed until the next day, or such further time as the court may deem reasonable, to answer the indictment. _ HW <!¤f•z¤<¤¤¤¢=¤¤y SEO. 68. That if the defendant do not require time as provided in the ‘“‘“"°'"‘°‘°°'”°"t' last section or if he do then on the next day or at such further day 7 7 7 as the court may have allowed him, he may, in answer to the arraignment, either move the court to set aside the indictment or may demur or plead thereto. _ hkmge Sec. 69. That if the defendant, within the time required, refuse to 8,;]}, u,';},,;,,,,; demur or plead to the indictment, the court must direct that a plea of not guilty be entered for him. _tP::_9;·¤l:Ir_r_·;•$'¤,j:: Sec. 70. That when the indictment is for a felony the defendant must be personally present at the arraignment, but if it be for a misdemeanor only, and the defendant has been held to answer to the charge, ‘ his personal appearance is unnecessary, and he may appear by counsel. w},§_d;Q*¤§,;¤{r*g::;£ Sec. 71. That when the personal appearance of the defendant is nin} sam. necessary, if he bein custody, the court may direct the proper officer to brilng {rim before it to be arraigned, and the officer must do so 8COOP II] y. • 1nn•¤m»·g¢a¤¤b•u Sec. 75. That if the defendant has given bail or has deposited money ,L'§,§}°,,,"},‘,$';,‘§{,'§‘f° ""` in lieu thereof, and does not appear to be arraigned when his personal appearance is necessary therefor, the court, in addition to the forfeiture ot the gndelgtalaingi of bail or log the money deposited in lieu thereof, may or er the c er to issue a nch warrant for his arrest. wfsscgldrizzmghegr Sec. 73. That when an indictment is filed in court, if the defendant ‘ has not been arrested and held to answer the charge, unless he volungarilyl appear fo; argaignment the court must order the clerli to issue a enc warrant or is arrest. d(g:;1:3r;¤gnb1¤,i¤- Sec. 74. That if_ the crime charged in the indictment be bailable, the ‘ court, upon directing the bench warrant to issue, must fix the amount of bad, anldsgietcslielrk mpsiti indorsgulxhg game upon such warrant and s1gn1,su n1 yasoows:“ e eendantistobeadmittedto bail in the sum of dollars.” W¤¤·q¤¤¤>i•¤¤¤ •>¤ Sec. 75. That at any time after the making of the order for the {3E2S??" °f d"m°° beuclnwarrant, the clerk, on the application of the district attorney, must issue such warrant as by order directed, whether the court be sittin g or not. •fB¤¤¤hw¤¤ant»¤¤m Sec. 76._That the bench warrant upon the indictment must be sub- ' stantially in the following form: ·