Page:United States Statutes at Large Volume 30.djvu/1370

 1332 FIFTY-FIFTH CONGRESS. Sitss. III. Ch. 429. 1899. Oydgf *'*>=‘ J¤*'y· hw SEO. 422. That the officer must serve the order by giving notice to “°"°each person selected of the time and place he is required to appear, and for what purpose, and return the same according to the direction therein, with the names of the persons summoned, verified by his own certificate. · Deficiency in in- Sec. 423. That if a sufficient number of jurors do not appear at the M" h" °°"u°d' time and place required, or if any of those appearing are peremptoril y challenged, or upon a challenge for cause found di qualified, thejustice must order the proper oiilcer to summon a sufficient number of other qualified persons, until the jury is completed. Cl¤•“¤¤¤°*•· Sec. 424. That each party is entitled to take challenges for cause, and to two peremptory challenges. V¤r¤i¤¢ •>f Jury. Sec. 425. That when the jury have agreed upon a verdict, they must I'"' gm"' deliver the same to the justice publicly, who shall enter it in his docket. dgggusmwt °*` •=°¤· Sec. 426. That when the defendant pleads guilty, or is convicted, ’ either by the justice or the jury, the justice must give judgment thereon for such punishment as may be prescribed by law for the crime. Juagnsnrmnt Sec. 427. That when the defendant is found not guilty, either by the u' °" °L justice or a jury, he must be immediately discharged; and if it appear . to the justice that the prosecution was malicious or without probable cause, he must make an entry to that eifect in his docket. the justice must give judgment against the private prosecutor for the costs and disbursements of the action, and require him to pay the ame or give satisfactory security therefor, by a written undertaking, with one or more sureties, to be approved by the justice, to pay the same to the justice within thirty days from the date of such judgment. r·;:gg**t:;*° hggelggf Sec. 429. That the judgment maybeenfomced against the prosecutor, limes. ’ if he do not pay the same or give the required security therefor, in all respects as a judgment for a fine in a criminal action; but if he give the required security therefor, said judgment may be enforced, at the expiration of the thirty days, against the prosecutor and his sureties in _ the undertaking in all respects as a judgment for money in a civil action. 'igg_s¤:_¤;y•:& ¤¤¤- Sec. 430. That when a judgment of conviction is given, either upon ’a plea of guilty or upon a trial, the justice must enter the same in the docket substantially as follows: o.. (day of the month and year). the crime of (briefly designate the crime), and the said A B having thereupon pleaded *not guilty’ (or as the case may be), and been duly tried by me (or bya jury, as the case may be), and upon such trial duly convicted, I have adjudged that he be imprisoned in the county jail days and that he pay the cost of the action, taxed at dollars (or that he pay a fine of dollars and such costs and be impri oned in such jail until such line and costs be paid, not exceeding ilays, as the case may be). e I If the defendant has pleaded guilty, instead of the paragraph commencing ** and the said A B,” and ending ** upon such trial duly convicted," the entry must state substantially as follows: **And the said _ A B having been thereof duly convicted upon a plea of guilty." m§¤_f;{“_°*0g“*;gm;`j)f Sm:. 431. That an entry of judgment and the transcript thereof} a.-met. ‘ ’ made or tiled as in the last two sections provided, is conclusive evidence of the facts stated therein. d·:tg,·}Is¤¤¤¤ of ·=<·¤· Sec. 432. That the judgment must be executed by the United States ' marshal or any deputy, upon receiving a certified copy of the entry of judgment, and such copy shall also be deemed an execution against
 * 8***, mfwmsl Sec. 428. That upon making the entry prescribed in the last section,
 * Jus§ice’s court for the precinct of, District of Alaska, division
 * The United States of America v. A B
 * The above-named A B having been brought before me, C D, a commissioner and ex cilicio justice ot the peace, in a criminal action, for
 * C D,
 * Commissioner and ex officio Justice of the Peace.”