Page:United States Statutes at Large Volume 30.djvu/1344

 1306 FIFTY-FIFTH CONGRESS. Sess. III. Ch. 429. 1899. sick or infirm as to be unable to attend, his deposition may be taken out of court betbre such person authorized to take depositions, and at such time and place and upon such notice to the adverse party as the court ma direct. D¤f¤¤;<}i=•¤1*; {{**5* be Sec. 1g,7. That if the defendant consent thereto, he may be 2Q5m I ° °°°` examined as a witness in relation to such circumstances; but if he gives his testimony at his own request, then he must submit to be examined generally by the adverse party. _ °rN;G;:*;:;D*;$;:°{{ Sec. 188. That no affidavit or testimony or representation of any temeavea. kind, verbal or written, can be offered to or received by the court in aggravation or mitigation of the punishment, except as provided in _ the last three sections; and a violation of this section may be punished · as a contempt. _ _ _ _ twgnorcgptjrpfiggmcgt b Sec. 189. That if the defendant is convicted of two or more crimes, jmmentofimpmu. efore judgment on e1ther, the judgment must be that the lmp1'1801I- ¤¤¤°·l¤°W ¤*'°¤· ment upon any one may commence at the expiration of the imprisonment upon any other of such crimes; and if the defendant be in imprisonment upon a previous judgment on a conviction for a crime, the judgment must be that the imprisonment must commence at the expiration of the term limited by such previous judgment. m;1:¤£¤r:¤:jtm wo; E3 (HSec. 190. That_a judgment that the defendantpay a fine must also l,,;,,,,,,,,,,,,, .,,_ rect that he be imprisoned m the county jail until the fine be satisfied, specifying the extent of the imprisonment, which can not exceed one day for every two dollars of the line; and in case the entry of judgment should omit to direct the imprisonment and the extent thereof, the judgment to pay the ine shall operate to authorize and require the imprisonment og the defendant until the fine is satisiied at the rate ' above mentione . ' Sec. 191. That when judgment upon a conviction is given, the clerk must enter the same in the journal, stating briefly the crime for which ghe convjlctiou has beenhhap. 7 Such entry may be made at any time uring the term as of the ay s proceedings upon which the `ud ent wa; given. Th, d ‘. J gm ·T¤¤¢i¤¤¤’¤ *¤ M Ec. 192. at a ju gment that the defendant ay mone either as fI.“3,§°.¤tb°tt'.l{°§.]E?°”`tl; a iine or as costs and disbursements of the actiolh, or both, must be docketed as a judgment in a civil action and may be enforced by execution against the property of the defendant in like manner as judgments gfgjm im mW_ in civil cases are enforced: Provided, That where the judgment directs mm u.m°¤,.}{,n.i. that the defendant shall be imprisoned until the iine or penalty imposed is paid, the issue of an execution on the judgment shall not operate to discharge the detengant fipm imprisoéunent until the amount of the ju gment is co ecte or otherwise pai. Thényegpgvgg _ Sec. 193. That the name of every person who voluntarily appears K2",;,,;",,,,';,,,;;,,,,,,.,,;,, before any commissioner, magistrate, or grand jury to prosecute any person in a criminal action, either for a misdemeanor or felony, shall , be indorsed upon the complaint, information, or indictment as a private prosecutor; and if it be found by any commissioner, magistrate, or court trying said action or hearing said proceeding that the prosecuggorgd is malicious or wéthout probablieogause, aid facts shall be en r upon recor in said action or roc in said commissioner _ magistrate, or court. P g y l P;£1¤g;;;* if mf _ 81:0. 194. That upon_making the entry prescribed in the last precedemu. ing section, the commissioner, magistrate, or court must immediately render judgment against the private promutor for the costs and disbursements of the action or proceeding, which may be enforced by execution in the same manner as a judgment in a civil action. m·Il¤:{¤::¤;;,·;¤· hw Sm:. 195. That immediately after the entry of judgment the clerk ' must prepare and annex together the following papers, which constitute the judgment roll: First. The indictment and demurrer, if there be one; _Second. A copy of the journal entry of the plea, the trial, and verdlict,_a3d of zany order involving the merits and necessarily affecting e ju gmen ;.