Page:United States Statutes at Large Volume 30.djvu/1361

 FIFTY-FIFTH CONGRESS. Sess. III. C11. 429. 1899. 1323 SEQ. 339. That the magistrate may adjourn the examination and Q°¤d¤°** °*` W eicommit the person complained of, or take bail or a deposit of money in igtigiiitiile., uwtmmag lieu thereof, as provided in sections three hundred and two, three hun- "‘°°‘· °“*" lm"- dred and three, and three hundred and four of this Title. Sec. 340. That the magistrate must issue subpoenas for witnesses for _ S¤_,¤y¤¤¤·~¤- WMM the complainant or person complained of if such witnesses be within m". fifty miles from the place where the magistrate is sitting. Sec. 341. That the person complained of is entitled, if he choose, to rei-me complained make a statement concerning the charges against him, as provided in Qfagjggid "° '““"° sections three hundred and nine, three hundred and ten, and three ` hundred and eleven of this Title. Sec. 342. That if from the examination it appear that there is no W¤¤¤ ¢¤ \>¤ ·1i¤— good reason to fear the commission of the crime alleged to have been °h“g°d‘ threatened, the person complained of must be discharged; the order for the discharge must be indorsed upon the warrant, and signed by the magistrate with his name of office, and may be to the following effect: “There being no good reason shown to fear the commission of the crime within mentioned by the within-named A B, I order him to be discharged? Sec. 343. That if, however, there be good reason to fear the commis- S¤¤¤ri¤r¤>k¤¤pn·¤ sion of the crime, the person complained of must be required to enter into ”°°°°' "'h°“ '°"""°‘i‘ an undertaking in such sum, not exceeding two thousand dollars, as the ‘ magistrate may direct, with one or more sufficient sureties, to abide the order of the district court, and in the meantime to keep the peace toward the people of said District, and particularly toward the complainant. Sec. 344. That the snreties in the undertaking must have the quali- r 3¤¤1*¤¤·¤¤¤¤ <>f ¤¤-. iications of bail, and justify thereto as provided in sections two hun- ° I"` dred and eighteen and two hundred and nineteen of this Title. Sec. 345, That if the undertaking required by section three hundred “,*;g*g’*;¤*;;ly1:rl:j,¤¤§ and forty-three of this Title be given, the party complained of must be security nmmtgmn. discharged; but if he do not give it, the magistrate must commit him to the custody of the marshal, specifying in the commitment the requirement to give security, the amount thereof, and the omission to give the same. _ Sec. 346. That the commitment may bein substantially the follow- ,,,£,‘}Y“‘ °' °°‘“"“" ing form: “In the name of the United States of America. “ To the United States marshal for the District of Alaska, greeting: abide the order of the district court, and the said A B having failed to give such undertaking, you are therefore commanded to receive him into your custody, and detain him until legally discharged. “ Dated at, this day of , eighteen hundredband. cs i D’ “0ommissioner and ex omcio Justice of the Peace." Sec. 347. That a person who, in the presence of a court or magistrate, m§L==3¤};l°{)g;;g;g:·:, assaults or threatens to assault another, or to commit an offense against com or magistrate. his property, or who contends with another with angry words to the disturbance of the peace, may be ordered by the court or magistrate, without warrant or other proof, to give security as provided in section three hundred and forty-three, or if he omit to do so may be committed as provided in section three hundred and torty-tive of this Title. Sno, 348. That a person committed for not giving an undertaking to ,__f;_F);<•gvg·L;¤;-gigjgli keep the peace may, at any time thereafter, upon giving the required ty, new dimxmgeu. undertaking, be discharged from custody by the order of any magistrate before whom the information might have been laid. I Sno, 349, That an undertaking to keep the peace must be trans- "_§_;¤__Qe;g¤;*;;¤tg_¤;{ mitted by the iirst day of the term to the district court by the magis- mitted to district ti-ate to whom it is given; but if the person be committed for want of °°¤"· an undertaking, the magistrate must, in like manner, transmit a statement of the commitment. ,
 * ‘An order having been this day made by me that A B give an undertaking in the sum of · dollars, as security to keep the peace and