Page:United States Statutes at Large Volume 30.djvu/1362

 1324 FIFTY-FIFTH CONGRESS. Sess. III, Ch. 429. 1899. mmlgzwgj Sec. 350. That with the undertaking or statement mentioned in the nig. last section the magistrate must also transmit the evidence taken by him for and against the charge. fP,£:d¤¤ki¤z· whw Sec. 351. That a person who has entered into an undertaking to °keep the peace must appear on the first day of the next term of the . · district court, and abide the order thereof; and if he do not, the court must direct the fact to be entered in its journal, and the undertaking is thereupon forfeited. The undertaking is also forfeited upon the · person complained of being convicted of a breach of the peace. Proceeding! in me Sec. 352. That sections two hundred and thirty-eight to two hundred f,{,§’§f'°“"’h°' '°" and forty-two, of this Title inclusive, shall apply to and govern the excusing of a forfeiture of the undertaking, the remission of the forfeiture, and the prosecution of the undertaking. _ _ rreeeeains it em- Sec. 353. That if the complainant do not appear at the district court, {’,}“,{§'$‘,‘{'Q{‘,?,Q"°” the person complained of may be discharged, unless good cause to the contrary be shown. ' rmeeeaag in me- Sec. 354. That if both parties appear, the court must hear the proofs ‘“"* °°"""· and allegations transmitted by the magistrate, and such other evidence as the parties may produce, and may either discharge the undertaking or require a new one, for a time not exceeding one year. mgm of suretiesin Sec. 355. That the sureties in an undertaking to keep the peace are {gw! "° ""°!’ entitled to the rights and authority of bail, as provided in chapter twenty-two of this Act, and may be exonerated from their undertaking in the manner therein prescribed. When emmmsyre Sm. 356. That the court before whom any person is convicted of a g,!'j:°”‘;Q,f{,';f"" *° crime, which by the judgment of such court is punished otherwise . than by death or imprisonment in the penitentiary, may require such person to enter into an undertaking as provided in section three hundred and forty-three, of this Title for a period not exceeding two years, andhin defs$t thereof may commit him until the undertaking be given or the peri expired. Undermkingwkwn BEC. 357. That an undertaking to keep the peace shall be taken and be required except as provided in this chapter. Cnsrrnn Tnmrv-six. OF THE SUPPRESSION on RIOTS. See. n Sec. 858. How and by whom rioters com- I 361. Magistrate or otilcer neglecting to mended to disperse. l act guilty of misdemeanor. 359. Ifmrligggs do not disperse, to be I 362. Proceedings if rioters do not dis- . ne. 360. Consequence of refusing to aid oth- l 363. Ifpdeath ensue, who deemed guilty cern. - thereof. How Md by WMM Sec. 358. That when any persons, to the number of three or more, Qigaigragimmmdm °° whether armed or not, are unlawfully or riotously assembled in any . town, village, or settlement, the marsh al or any deputy, the chief executive officer of such town, village, or settlement, and the commissioners as justices of the peace for the precinct where the assemblage takes place, must go among the persons assembled, or as near to them as glgycqapovgith safety, and command them in the name of the United isperse. ir ramen ae not ua. Sec. 359. That if the persons assembled do not immediately disperse, P°'°°·°°*’°‘“"°°‘°‘*· the magistrates and officers must arrest them or cause them to be arrested, that they may be punished according to law, and for that purpose may command the aid of all persons present. Consequence of re Sec. 360. That if a person so commanded to aid the magistrate or ’“°"~* ‘° "“ °“°°"· officers, or any of them, mentioned in section three hundred and fifty- eight, of this Title neglect to do so, he is deemed one of the rioters, and may be treated and i punishable accordingly.
 * 'j,,’°b§{,$,,'{,,?‘°'“°° deemed to be an undertaking to be of good behavior also, and can not