Page:United States Statutes at Large Volume 30.djvu/1359

 FIFTY-FIFTH CONGRESS. Sess. III. Ch. 429. 1899. 132] the defendant guilty thereof, the magistrate must make a written order, signed by him, to the following eifect: “It appearing to me from the testimony produced before me on the examination that the crime of (designating it generally) has been committed, and that there is sufficient pause to believe A B guilty thereof, I order him to be held to answer e same. Sec. 322. That if the magistrate order the defendant to be held to c0£;_§t*g*d‘•¤*· Mw answer, as provided in the last section, he must make out a commit- ` ment, signed by him with his name of office, and deliver it·~with the defendant to the officer to whom he is committed, or if that officer be not present, to any peace officer, who must immediately deliver the defendant into the proper custody, together with the commitment. f Sec. 323. That the commitment may bein substantially the following mfIg¤¤ ¤f ¤¤·¤¤·i*» orm: ‘ “In the name of the United States of America. “To the United States marshal for the District of Alaska, greeting: “An order having been this day made by me that A B be held to answer upon a charge (designating it generally), you are therefore commanded to receive him in your custody, and detain him until legally discharged. “ Dated at, this day of , eighteen hnndredéind. as D, “Commissioner and ex odicio Justice of the Peace." Sec. 324. That the commitment must be directed to the United States d_¤¤r¤r3i¢¤¤¤t tvhbf marshal, who must receive and detain the defendant by such means as ainldwlidw igreiiigthi may be necessary and proper therefor. *’°k°P°- Sec. 325. That if the crime be bailable, the magistrate must admit wgrdgaujq Mi! ·>¤ the defendant to bail by adding to the order mentioned in section three . "` " hundred and twenty-one of this Title words to the following effect: “And I have admitted him to bail, to answer in a sum of dollars." The defendant may either put in bail, according to the order of admission, then or afterwards; but if it be not put in before he is delivered to the officer for commitment, the magistrate must indorse the amount of the bail on the writ. Sec. 326. That on holding the defendant to answer, the magistrate ,sQ;°;§}j‘ggg_'°*m¤· may take from each of the material witnesses examined before him on ` behalf of the United States a written undertaking. to the effect that he will appear and testify at the court in which the defendant is held to answer, or that he will pay to the United States the sum of one hundred dollars. Sec. 327. That when the magistrate has good reason to believe, by m§:¢;·fi;{f°;:g:§;· proof produced before him, that any such witness will not appear and wnenmnytémqniienl testify unless security therefor be given, he may order the witness to enter into a written undertaking, with such sureties and in such sum as he may deem proper, for his appearance, as specified in the last section. Sec. 328, That infants and married women who are material wit- _,_§g,Q*;**$u*;*;}¤,g*;”l°;¥ nesses against the defendant may in like manner be required to procure quired to gm mn. snreties for their appearance as provided in the last section. "°>`· Srzc. 329. That if a witness required to enter into an undertaking to _::i2¤;_=;=°r:§¤;•;=s¤¤¤ appear and testify, either with or without sureties, refuse compliance must mcemmmeu. g with the order for that purpose, the magistrate must commit him to the custody of the marshal until he comply or be legally discharged. I Snr:. 330. That when a magistrate has discharged a defendant or has Pr£'Lg:,§f]'g:° ':;ff°';f: held him to answer as provided in sections three hundred and nineteen, pm. three hundred and twenty, and three hundred and twenty-one, of this Title he must return to the court at which the defendant is held to answer, at or before the first day of the next term thereof, the warrant, if any, the statement and depositions of the informant and his witnesses, the statement of the defendant, if he have made one, the memoranda Speciiied in sections three hundred and eight and three hundred and fifteen, of this Title and all undertakings of bail for the appearance of witnesses taken by him.