Page:United States Statutes at Large Volume 30.djvu/1348

 1310 FIFTY-FIFTH concnnss. snss. 111. cu. 429. 1899. counselor or attorney, marshal, clerk of any court, or other officer of any court is qualified to be bail. Second. They must each be worth the sum specined in the undertaking, exclusive of property exempt from execution, and over and above all just debts and liabilities; but the court or magistrate, on taking the bail, may allow more than two bail to justify severally in amounts less than that expressed in the undertaking, if the whole justification be equivalent to that of two sufficient bail. Bd1.m¤¤¢.i¤¤i=|fy- Sec. 219. That the bail must in all cases justify by affidavit; and the affidavit must state that they each possess the qualifications prescribed ‘ by the last preceding section. , gn ¤;¤* *£d•¤·¤=· Sec. 220. That the district attorney or the court or magistrate may, m u °° °°°y' before the bail is taken, further examine them, upon oath, concerning their sufficiency, in such manner as the court or magistrate may deem proper. The statements of the— bail in response to the examination must be reduced to writing, and subscribed by them. my *,[;°r;c°g<;;j,i¤;g¤g Sec. 221. That the court or magistrate may also receive other testimysumioaq man. mony, either for or against the sufficiency of the bail, and may from time to time adjourn the taking of bail, to afford an opportunity of proving or disproving their sufficiency. £c{¤¤i¤i¤:f¤nh•£:::fd Sno; 222. That when the examination is closed, the court or magismi..,°?.. 1,.,.,., trate must indorse upon the undertaking an order either allowing or disallowin g the bail, and must forthwith cause the same, with the ailidavits and examination of the sureties and the order of admission to bail, to be filed with the clerk of the court at which the defendant is bound to appear, or where the action is pending, or the judgment . appealed from is given, as the case may be. m j} Sec. 223. That upon the execution of the undertaking and the allowmi. ance of the bail, the court or magistrate must make an order, signed with his name of office, for the discharge of the defendant, to the following effect: “To the United States marshal, District of Alaska: · “A.B, who is detained by you to answer a [charge or indictment, as the case may be] for the crime of [designating it generally], having given sufficient bail to answer the same, you are commanded forthwith _ _ to discharge him from your custody! mam °* `¤•¤ *****1* Smo. 224. That if the bail be taken upon an appeal from a judgment, the order must be to the effect following: “To the United States marshal, District of Alaska: “A B, who is detained by you in execution of a judgment whereby he is condemned to [stating the terms of the judgment genera1lyI|, ’ having appealed from said judgment and given suhicient bail to abi e and perform thejudgment of the appellate court, you are commanded forthwith to discharge him from your custody." _ b_{;*gy::{[[*;y°d”h•¤ SEO. 225. That if the bail be disallowed, the defendant must be _detained in custody until other bail be put in and is allowed. ,,_§*j,§’{,'Qf?j,’},‘,,['{°‘,{‘[; SEO. 226. That upon an application for admission to bail or to take tm, district attorney bail, the district attorney, either in person or by anyone authorized by '“"" “”°"" him, is entitled to appear and be heard in relation thereto. hggwyfxing Sec. 227. That when the admission to bail is a matter of discretion, Dome of £.',,,,u,,.c.,., or the right thereto may be doubtful, the court or magistrate by whom
 * •;£;¤¤Q))j°¤ *° **1****** It may be ordered may require such notice of the application therefor

as he deems reasonable to be given to the district attorney, or to any _ person by him authorized to appear for him. w§{‘,{}r';;{{,,_§’:t,f§,§,j,';‘ Sec. 228. That bail may be taken, in the discretion of the court or at the unmet mor. magistrate, without notice to the district attorney, or he may require "°"· reasonallgel notice for the application therefor, as in case of an application to.