Page:United States Statutes at Large Volume 30.djvu/1371

 FIFTY-FIFTH CON GRESS. Sess. III. UH. 429. 1899. 1333 the property of the defendant for the purpose of collecting the amount of any line or costs mentioned therein. Sine. 433. That if the line and costs, or any  thereof, be paid P¤v¤¤¤¤¤<>f ¤¤•> ¤¤•1 before commitment, they must be paid to the justice, and thereafter to °°°°°' the officer in whose custody the defendant may be at the time of such payment, which officer must immediately pay the same to the justice. Sec. 434. That any money paid to the justice upon a judgment in a, M ¤¤¤y fw-i ·e¤ criminal action must nrst be applied to the costs of the action, and the fil.{°iEm°°° ° °°“"°` remainder, by such justice, paid to the clerk of the proper division of the district court, to be deposited as provided by law. Sec. 435. That when the defendant is brought before the justice upon A¤ti¤¤ td be tried the warrant of arrest, the action must be tried within one day there- {Zim,'};.,}""` d"' °"` after, unless continued for cause. Sec. 436. That at any time before the commencement of the trial, or b£_¤f¤¤¤¤¤¤¤¤v sm during the progress thereof, the justice must admit the defendant to bail if he require it, and take bail of him accordingly. Sec. 437. That the bail must be given by a written undertaking, fU¤d;_¤·¤¤¤g°fb•ilexecuted by one or more sufficient sureties, approved by the justice, in °m° substantially the following form: "Jnsé:ice’s court for the precinct of, District of Alaska, division r o.. “A criminal action having been commenced on the day of , eighteen hundred and, in the justice court aforesaid, against A B, for the crime of (designating it generally), and he having been duly admitted to bail by the justice of said court in the sum of dollars, ••We, C D, of (stating his place of residence and occupation), and E F, of (stating the like as to him), hereby undertake that the abovenamed A B shall appear at the time and place fixed for the trial of the above-mentioned action, in whatever court it may be prosecuted, and shall at all times render himself amenable to the orders and process of the court, and if convicted shall appear for judgment and surrender himself in execution thereof; or if he fail to perform either of those conditions, that we will pay to the United States the sum of dollars (inserting the sum in which the defendant is admitted to bail)." Sec. 438. Thatif the defendant do not give bail when brought before fcfggggefligsnojf (ij; the justice upon the warrant of arrest, or during the progress of the mn. g trial, he must be continued in the custody of the officer, or, if the court be held in the vicinity of a jail, be committed to jail, to answer the action as the justice may direct. Sec. 439. That the commitment must be signed by the justice, with m:;·;¤- 0* ¢<>¤¤¤¤i*·- his name of office, and may be substantially as follows: ‘ “Justice’s court for the precinct of, District of Alaska, division No. . “To the United States marshal or any deputy: "An order having this day been made by me that A B be committed for trial in a criminal action against said A B for the crime of (designating it generally), you are hereby commanded to receive him into your custody, and detain him accordingly, or until he be otherwise legally discharged. _ “ Dated at, this day of , eighteen hundred and. uc D "Commissioner and ex offcio Justice of the Peace." SEP, 440. That it', in the progress of the trial, it shall appear to the m!;ggl•>_$;Q_gghi::; magistrate that the defendant has committed a crime not within the umm trjusucg. jurisdiction of a justice’s court, such magistrate must dismiss the action, and statein the entry the reasons therefor, and hold the defendant upon the warrant of arrest, and proceed to examine the charge as upon an information of the commission of crime.
 * ‘In the name of the United States of America.