Page:United States Statutes at Large Volume 30.djvu/1365

 FIFTY-FIFTH oonenmss. sms. 111. on. 429. 1899. 1327 Sec. 378. That a search warrant may be issued upon either of the 0¤ vim ¤r¤¤¤¤ following grounds: ff§‘,{§}‘ ”“""“° “"" First. When the property was stolen or embezzled, in which case it may be taken, on the warrant, from any house or other place in which it was concealed or may be found, or from the possession of the person by whom itgvas smlaen or embezzled, or of any other person in whose possession 1 may · Second. When the property was used as a means of committing a felony, in which case it may be taken, on the warrant, from any house or other place in which  is leoncealed or may be found, or irom the possession of the person y w om it was used in the commission of the offense, or of any other person in whose possession it may be; Third. When the property is in the possession of any person with the intent to use it as the means of committing a crime, or in possession of another to whom he may have delivered it for the purpose of concealing it or preventing its being discovered, in which ca e it may be taken on the warrant from the possession of such person, or the person to whom he may have so delivered it, or from any house or other place occupied by them or under their control, or either of them. · ‘ Sec. 379. That a search warrant can not be issued but upon probable sum? *;¤¤:¤*r_j;; cause, shown by aiiidavit, naming or describing the person, and describ— able uni. p° P ing the property and the place to be searched. _ Sec. 380. That the magistrate must, before issuing the warrant, exam- Pf,;__“‘;‘{“:‘fjfj1§f°_‘§‘!;; ine on oath the complainant and any witnesses he may produce and mms. g take their depositions in writing, and cause them to be subscribed by the parties making them. Sec. 381. That thereupon, if the magistrate he satisiied that there is ,“‘_f_}=g,·;;=:l§{_¤£”;¤rI;$‘j; probable cause to believe in the existence of the grounds of the appli- ` pmtiion, hefmnst issue the warrant, which may be m substantially the o ow1n orm:. •*Distri•§= of Alaska, division No.. “ In the name of the United States of America. “To the United States marshal for the District of Alaska, greeting: “ Information on oath having been this day laid before me (stating the particular grounds of the application, according to section three hundred and seventyeight of this Title), you are therefore hereby commanded, at any time in the day or night, to make immediate search on the person of A B (or in the house situated—describing it——or any other place to be searched with reasonable particularity, as the case may be) for the following property (describing 1t with reasonable particularity), and if you find the same, or any part thereof, to bring it forthwith to me at (stating the place). _ ¢¢ Dated at, this day of , eighteen hundred agdl D , “ Commissioner and ex officio Justice of the Pehce.” Sec. 382, That in the execgtioghor iervicelpf a searcl; wlarralnt, the xr¤$g¤;°:r°m;¤;1:_ iiicer has the same power an an ori y, in a respects, o rea o n §,,§‘{_ ‘ any door or window, to use all necessary and proper means to overcopme any forcible resistance made to him, or to call any other person .to his aid, that he has in the execution or iervice of gy wartriant of arrest. smc. 383. That when the ofucer ta cs prope un er thewarrant, he omm mustgive re: must give a receipt for the property taken, specifying it in detail, to the §{g§,_“°' *"°*’"“> person trom whom he takes It or in whose possession it IS found, or m the absence of any person he must leave it in the place where he found o ert. thegc, g84.yThat when the property is delivered to the magistrate! he ugggegymygigat. must, if it was stolen or embezzled, dispose of1t·as provided m sections new disposed ntl ' two hundred and sixty-tive, two hundred and sixty-six, and twohundred and sixty-nine ofthis Title; but if it were taken on a warrantussued on the grounds stated in subdivisions two and three of section three hundred and seventy-eight, of this Title he must I'6t3lD.1l7 in his possession, subject to the order of the court to which he 18 reqmredto