Page:United States Statutes at Large Volume 30.djvu/1355

 FIFTY-FIFTH CONGRESS. Sess. III. Ch. 429. 1899. 1317 Sec. 276. That the warrant must specify the name of the defendant, Wim "¤¤¤¤* *¤ *0 or 1f 1t be unknown to the magistrate, the defendant may be designated °°°m°` by a fictitious name, with a statement therein that his true name is unknown, and it must also state a crime in respect of which the magistrate has authority to issue the warrant. · Sec. 277. That a peace officer is the United States marshal or any P¤~=¤ umm dodeputy, and a warrant of arrest must be directed to and executed by u"` such officer. For this purpose the marshal or any deputy is to be deemed a constable. Sec. 278. That the officer making the arrest must take the defend-, ¤¤*y vfvmcvr makant before the magistrate who issued the warrant, or, in case he be mg °'"°“°' absent or unable to act, before the nearest or most accessible magistrate, and the officer must, at the same time, deliver to the magistrate the warrant, with his return indorsed and subscribed by him. Sec. 279. That if the defendant be taken for examination before a $tf,•jj·¤g¤'¤ Md dwmagistrate other than the one who issued the warrant, the statement ¤°»i.ignt:.¤:i§¤s;.‘iiLf and depositions on which the warrant was granted must be sent to °“‘”*““°*°°- that magistrate; or, if they can not be procured_, the informant and his witnesses must be subpcenaed to give their testimony anew. - Sec. 280. That the defendant must, in all cases, be taken before the D<>f¢¤d¤·¤¢ ¤¤¤¤t be magistrate without delay. §,2Y‘,,,Y",_‘{]’,§’,F}’,,,’Q}',‘§f" _ Cunrnn Turnrr-rnmru. OF THE ARREST, HOW AND BY WHOM MADE. Sec. i Sec. 281. Arrest defined. { 291. May break open door or window if 282. By whom an arrest may be made. , admittance refused. 283. Every person bound to aid an officer L 292. Olflcer must state his authority and in making an arrest. i cause of arrest, except. 284. Arrest, how made. _ T 293. When officermay take person before 285. No further restraint allowed thanis. niagiftrate, arrested by a by- DOCBSIBT. 8 2D GI`. 286. Olhcer mngt state his authority and  294. When magistrate may commit for show warrant if required. · crime committed in his presence. 287. If defendant flee or resist, olilcer I 295. Arrest by private person, when almay nse necessary means. 4 lowed. 288. When officer may break open door 296. Must takepersonbeforeama istrate or window. U or deliver him to a peace oiicer. 289. Same sub_ject. 297. Pursuitofpersonrescuedorescaping. 290. When peace otfacer may arrest with- [ 298. May use proper means in mukingan out warrant. ; original arrest Sno, 281. That arrest is the taking of a person into custody that he Anw ¤¤¤¤•·1- may be held to answer for a crime. Sec. 282. That an arrest may be made either : mf¥,:_f*;:¤_;°·¤ ¤¤*~—¤ First. By a peace officer, under a warrant; ’ ' Second. By a peace officer, without a warrant; or Third. By a private person. Sec. 283. That every person must aid an officer in the execution of a nvm perm bound warrant, if the officer require his aid and be present and acting in its §,‘Q,,Q},?g§§ ,‘;‘f,§$f “‘ execution. smc, 284. That an arrest is made by an actual restraint of the person mesa how mseof the defendant, or by his submission to the custody of the officer. Sec. 285. That the defendant is not to be subjected to any more n§g';¤_;rg:;;•;¤:;=;:_f restraint than is necessary and proper for his arrest and detention. my. SEG, 286. That the officer must inform the defendant that he acts Momcvrb must sung under the authority of the warrant, and must also show the warrant if sntwalivngxntyirn isrequired by the defendant. _ _ ¤¤*¤*“· Si-31*. 287. That if, after notice of intention to arrest the defendant, ¤_1{sg¤fg¤==;¤=g~u:: he either flee or forcibly resist, the officer may use all necessary and n.§»¤$:»y°»i.¤al:.? proper means to effect the arrest. SE0, 288. That the officer may break 0pGH ally outer or inner door or mygcrg vgicgmmsy window of a dwelling house, or otherwise, to execute the warrant, if ,,,,,d.,,,_’° ' after notice of his authority and purpose he be refused admittance.