Page:United States Statutes at Large Volume 30.djvu/1353

 FIFTY-FIFTH CONGRESS. Sess. III. Ch. 429. 1899. 1315 Sec. 259. That if the defendant be not indicted or tried as provided °<>¤¤ my ¤¤¤**¤¤¤ in the last two sections, and sufficient reason therefor be shown, the gL`.i°¤iIi°i>1Y£ii°;i¤ gi: court may order the action to be continued from term to term, and in °'"‘ ‘““*°'°*k”*8· the meantime may discharge the defendant trom custody, on his own undertaking of bail, for his appearance to answer the charge or action at the time to which the same is continued. Sec. 260. That if the court direct the charge or action to be dismissed, fmw of ·1i¤¤i¤¤•l the defendant must, if in custody, be discharged therefrom, or if Kp0Z°»gi§°51°$”d,`f,$§° admitted to bail, his bail is exonerated, or money deposited in lieu thereof must be refunded to him. Sec. 261. That the court may, either on its own motion or upon the W¤·=;9¤¤¤=¤t·:r<“¤· application of the district attorney, and in furtherance of justice, order gigs? Si-”i.1°ii.`tl::°d$ an action, after indictment, to be dismissed; but in that case the *“°“"°‘ •*°°’¤°Y· reasons of the dismissal must be set forth in the order, which must be entered in the journal. - Sec. 262. That the entry of a nolle prosequi is abolished; and the N¤l1¤1>r¤•¤·i¤i•\¤>1— district attorney can not discontinue or abandon a prosecution for a m‘°°' crime, except as provided in the last section.. Sec. 263. That an order for the dismissal of a charge or action, as nimimi, when e provided in this chapter, is a bar to another prosecution for the same ""“’“"°“‘°’ ’“’“'°“· crime, if it be a misdemeanor, but it is not a bar if the crime charged be a felony. Cnnrnn Tnmrr. OF THE DISPOSAL OF PROPERTY STOLEN on EMBEZZLED. 264. How officer to hold property alleged 268. Receipt for money or property taken to have been stolen or embezzled. from person when arrested. 265. Order for delivery to the owner hy 269. Sale and disposition of property magistrate. i when not claimed. 266. Order by court where trial is had. 267. Effect of order of delivery of property. Sec. 264. That when roperty alleged to have beenstolen or embezzled HW ¤¤¤<=¤r w 1¤¤1f) comes into the custody) of a peace officer, he must hold it subject to Kiizgatgenaliigign tor the order of the magistrate or court, as provided in this chapter. °¤*°¤l°**- Sec. 265. That on satisfactory proof of title of the owner of the emu for aenveyy property, the magistrate who examines the chagge against the person {,‘3,f,*,Qf‘°"‘°"*’*""“¥"‘ accused of the crime must order it to be deliver to the owner, or his duly authorized agent, on his paying the reasonable and necessary expenses incurred in its preservation, to be ascertained and certified by the magistrate. _ Sec. 266. That if property stolen or embezzled has not been delivered Iona; lip zodui-c to the owner, the court before which the trial is had for the stealing or W "'° ’ “ "’ “ ‘ _ embezzling may, on like proof and condition, order its delivery to the owner or his agent. _ _ Sec. 267. That the order provided for m the last two sections entitles new of me- ct the owner or his agent to demand and receive the possession of the d°‘*"°'Y °‘ P’°P°"F· property from the officer having it in custody, and authorizes such officer to deliver it accordingly, but does not affect the rights of third ersons. P 8110.268. That when money or other property is taken irom a person receipt at mm; arrested upon a charge of crime, the officer taking it must at the time g$°é;,§’§{_S}', ,f,,’;§ §§{ give duplicate receipts therefor, specifying particularly the amount of ¤=¤ - money or kind of property taken, one of which receipts he must then deliver to the person arrested and the other t0_ the magistrate who examines the charge; or if the arrest be alfter indictment found, to the - — of the court where the action is pen mg. _ _ _ (Aggie, 269. That if property stolen or embezzled be not claimed by the 0,,S;;g;:,<{y·i¤;ggg¤;j,g owner before the expiration of sixty days from the conviction of the einmea. person for stealing or embezzling it, the officer having it in custody must, if it be money, pay it to the clerk of the court, or if it be other