Page:United States Statutes at Large Volume 30.djvu/1369

 FIFTY-FIFTH CONGRESS. Sess. III. Ch. 429. 1899. 1331 CHAPTER FOB.TY-TWO. CRIMINAL ACTION IN JUSTIOES’ GOUBTS. Soc. Sec. 411. Proceedings in criminal action, how I 427. Judgment of acquittal, entry oil governs. 428. Judgment against prosecutor for 412. Criminal action, how commenced; costs. person injured must appear or be 429. Judgment against prosecutor, how subpuenaed. enforced. 413. Complaintto be deemed indictment. 430. Judgment of conviction, entry oil 414. Warrant of arrest. 431. Entry of judgment and copy 0B as · 415. V\'arrant, requisitions of. evidence. 416. Defendant, when must plead. 432. Judgment of conviction. 417. Defendant may plead same pleas as 433. Payment of line and costs. in indictment. 434. Money paid on judgment of convic- 418. Issue, how tried. · tion. 419. Order  summon jury. 1 435. Action to he tried within one day, 420. When jurors required to appear. unless, etc. 421. Omcer to summon persons qualified 436. Defendant may gjve bail. to serve as jurors. 437. Undertaking of ail, form o£ 422. Order for jury, how served. 438. Proceeding if defendant do not give 423. Deficiency in jurors, how supplied. bail. 424. Challenges. 439. Form of commitment. 425. Verdict of jury, how given. 440. Proceeding when crime not within 426. Judgment of conviction. jurisdiction of justice. Sec. 411. That a criminal action in a justice’s court is commenced i *]¤>·=¤g¤i¤¤pi¤·¤¤‘i¤= and proceeded in to final determination, and the judgment therein sl-$.£° °°' °w S"` enforced, in the manner hereinbefore provided, except as in this chapter otherwise specially provided. Sec. 412. That in a justice’s court a criminal action is commenced by f¤;}*¤*¤;¤a§¤¤¤¤¤g;* the Bling of the complaint therein, verified by the oath of the per son jggrsd °:.u s} commencing the action, who is thereafter known as the private prose- "°°“"P“’ · cutor; and no judgment of conviction or acquittal can be given in a criminal action in justice’s court unless the person injured appear or be subpoenaed to attend the trial as a witness. Sec. 413. That the complaint is to be deemed an indictment within compiram to be the meaning of the provisions of chapter seven, title two of this Act, °°°"‘°‘“‘d‘°““°”" prescribing what is sufficient to be stated in such pleading and the form of stating it.  414. That upon the Bling of the complaint the justice must issue W·¤-¤¤ ··f •¤¤¤t— a warrant of arrest for the defendant named therein. Sec. 415. That a warrant of arrest in a criminal action is issued, ,,‘]j’:;}*¤°· *°*¤¤*¤’· directed, and executed in all respects as the warrant provided for in ` chapter thirty-two, title two, of this Act, except that it must be made returnable only before the justice who issues it. Sec. 416. That when the defendant is brought before the justice, the m£•f¤·{j:_{·*· w*·¤¤ complaint must be read to him, and he must be required to plead thereto. P ` Sec. 417. That the defendant may plead the same plea as upon an l¤‘:¢‘·¤¤d¤l¤¤ mg indictment. His plea must be oral and entered in the docket. If the K.5mZ$§°,`Z_’° °“° ” defendant refuse to plead, the justice must enter the fact, together with the plea of not guilty on his behalil Sno, 418. That upon a plea other than a plea of guilty, if the defend- 1¤¤¤¤. how viviant do not then demand a trial by jury, the justice must proceed to try the issue. Sno, 419. That if a trial by jury be demanded, thejustice must make J 09*** *0 •¤¤¤°¤ an order in writing, directed to the United States marshal or any dep- ""' uty, commanding him to summon twelve persons_ to serve as jurors in the action, at a time and place to be named therein. 420. That the order shall require the jurors to appear before the w“Qggg°{¤;>_;¤ ¤>· justice iorthwith, or at some future time to which the trial of the issue P ` may be postponed. Sec. 421. That the officer serving the order for a jury must do so omm a summon impnrtiauy by selecting only such persons as he knows, or has good ggggéjs jg§g§·* °° reason to believe, are qualified according  law to serve as jurors in the court to which they are summoned and in the particular action for which they are selected.