Page:United States Statutes at Large Volume 44 Part 1.djvu/521

 507 TITLE 18.--—CRIMINAL CODE law has cognlzance of the o£ense. Copies of the moons shall be returned as speedily as may be into the c1ex·k’s omce of such. court, together with the recwnizances of the witnesses for their appearance to testify in the case. Where any offender QI witness is committed in any district other than that where the oaense is to be tried, it shall be the duty of the judge of the district where such olfender or witness is imprisoned, scasonably to issue, and of the marshal to execute, a warrant {nr his rcnreval in the district where the trial is to·be had. {R. S. § 1014; May 28, 1896, c. 252, § 19, 29 Stat; 184; Mar. 2, Tino!. c. S14, 31 Stat. 958.), ~ . 59*2. Arrest and removal to or from the Philippine Islands.-- Glu- provisions ofisection 591 of this title, so far as applicable, shall apply tlxrouanout the United States for the arrest and rem,»x‘::l i‘lll‘l`i*¥`l‘U!Il to the Philippine. Islands of any fugitive from _§u——1ice clxarged with the commission of any crime OI'_ offense against the United States within the Philippine Islands, and. slmllnpply within the Philippine Islands for the`%pc%t' and ramorai_therefrom to the United States of any fugitive from 3u~ti··c charged with the comxnission of any crime or offense against the United States. Such fugitive may, by any judge or nmczistratc of the Philippine Islands, and agrecably· to the usual mode of pmccss agiainst offenders therein, be arrested and imi prinoncd. or hailed, as the casekmay bc, pendlntg thejssuance of a warrant for his removal to the United `Statcs,_which warrant it shall be the duty of a judge of the court of iirstt instance st·as·naal»ly to issue, and of the officer or agent of the United States dc:~=ianated» for the purpose to execute. jSuch ofiicer or a;:cn.t; when- engaged in executing such warrant without the Philippine Islands, shall have all the powers of ._é— marshal of the United States sofar as such powers are requisite for` the prisoners safe-keeping and the extccution of the warrant. (l*—"cl>. 9. 1903, c. 529, § 1, 32 Stat. SOG.) _ i _ - { · 593. Operating illicit distillery; arrest; bail..——Where any marshal or deputy inarshal ‘of tl1c.’United States withinsthe district fog which he shall be appointed shall ilndanyperson or persons in the act of operating an illicit distillery, it shall he lawful_for‘ such marshal or deputy marshal to arrest such pcrsma or persons, and take, him or them forthwith before some jndicial Konlcer manned in section 591 of this title, who may reside in the county of arrest or it none, ln that nearest to the place of arrest, to be dealt with according tof the provisions of sections 591, 596. and 597 ot this title. (Mar.'1, ,1_879,`.c. 125, § 9. 20 Slat, 341.) ( ” 594. Violations `of internal revenue laws; warrant for arrest.-——-Except as provided in section 591 of title 28, warra,nts` of arrest for violations of lll'l`l’l`l'lll1 revenue laws may be issued `by United States con;l111issio¤.l¢·rs upon the sworn complaint of a United States district attorney., assistant United States district attorney, collector, or deputy collector of internal revenue or resjenue agent: or private citizen; but #110 such warrant ot, arrest shall be issued upon the sworn complaint of a private citizen nnless Erst approved in writing by a United States district attorney. (May 28, 1896, c. 252, 5 19,` 29, Slat. 184: Mar. 2, 1991, c. 814, 31 Stat. 956.) ' 595. Persons arrested taken before nearest 05cer for hearing.———It shall be the duty of the marshal, his deputy, or other ollit·er, who ar arrest a person charged with any crime or of- ‘fensc, to take the defendant before the nearest United States commissioner- ortho nearest judicial officer havink jurisdiction under existing laws for a hearing, commitment, or taking bail for trial, and the otiicer or magistrate issuing the warrant shall atztaclftlacreto a— certified copy of the eoulplalntg and upon the arrest of the accused, the return of the warrant, with a copy of the complaint attached, shall confer jurisdiction upon such otncer as fully as itlthe complaint had originally been made lwfearc him; and no mileage shall be allowed any omcer rlolatlng the provisions hereof. (Ang. 18, 1894, e, 301, 5 1, 28 Stal?. 416;

ANDIURIHINAL PROCEDURE g May 28, 1896, c. 352, Q 19,29 Stat. 184; Mar. 2, 1901, c. 814, 31 Stat. 956.) _ 596. Bail; cases not capital.-——Bail shall be admitted upon all arrests in criminal eases where the offense is not punishable by death.; and Ln such cases it may be taken by any of the persons authorized by section @1 of this title to arrest and imprison offenders. (R,. S. § 1015.) - 0 . 597. Same; capital cases.-i·-Bail may be aclmittesl upon all arrests in criminal cases where the punishment may be death; but in such cases it shall be taken only. by the Supreme Court or a circuit court, or by a justice of the Supreme Court, 2 cir- " cult judge, or a judge of a district eonrt, who shall esercise their discretion therein, having regard to the nature and cir- · cumstance of the offense, and; of the evidence, and to the usages of law. (R. S. § 1016.) · _ me ‘ 598. Same; cases removed from State conrts.——When a. writ_ of error is issued fer the revision of the juslgntent of a State _court, in any cri1Hina1 proceedings where is drawn. in qnesHouQ the validity of a` statute of,. or an authority exereisetl under, the United States,,or where any title, right,`privil.ege, or immunity is claimed under the Constitutionyor any statute ef, or commission fheld or autl10rity’.exercised antler, the- Unite;}. States, the defendant, it charged with an offense that is bail-; able by the Jaws of such State, shall not released from custody untill a tlnal judgment upon such writ; or until a bond, with Snflicient sureties, in a reasonable, sum, as ordered and approved `by the_State court, is given; and it the onbnse is not so bailah@, until a·Iina1 judgment uponthe errif,of error, (R. S.} § IOI7.)`, .'. §, 599. Surrender by ba§l.—:——Any party charged with a criminal offense and admitted to hail, may, in vacation, be arrested by his hail, and tlelirered to the marshal or his deputy, before any {judge or other officer having power to commit for seen `oaense; and at the request of such bail, the -j·u<1ge or other oflieer shall reeommit the party so arrested to the custody of the marshal, ` and indorse on the reeognizanee, or certined copy thereof, the _ discharge and exoneratnr of snch bail; and the party so conn mitted 'shall therefrom be belt} ju custody until `discharged by due course ot law. _ (R. S. § 1018.). .600. New bail.———\\’hen proof is, made to any judge of the United States, or other magistrate having authority to oommit on criminal charges as aforesaid, that a person previoa;-sly admitted to bail on any such charge is about to abscena, and that his bail is insnflicient, the judge or magistrate shall require such person to `give better security, or, for default thereof, cause him to be Acommitted to prison; and an order ·tor his arrest may be indorsed on the former commitment, or a new warrant therefor may  issued, by such judge or magistrate, setting afort°l1_ .the’eause~there·of. (R. 'S. § 1019.). 0 ·· 601. Remission, of penalty of recog¤izanee.—\¥’he:1 any recognizanee in a criminal cause, taken for, or in, or returnable to, any courtof the United States, is forfeited hy a nlmwn l` of the conclltion thereof, such court may, in its iliseretion, remit the whole or a part of the penalty, whenever it appears to the court that there has been no willful defanleof the party. and that a trial can, notwithstanding, be had in the cause, and that public justice does not otherwise require the Same penalty- , to be enforced. (R. S.  10&.) * 602. Write; several intlietments against same persons-- When two or more charges are made, or two or more iudic·t· ments are rouuo`ag¤inst any person, only one writ or warrant shall be necessary to commit him ·for trial: and it shall be: suiilelent to state in the writ the name or general character of the offenses, or to refer to them only in very general terms, (R. S. 5 1027.), t ` e -603. Same; copy as jailefs authority.—~\Vhenex*er a prisoner is (‘0IIll11ittt%#d_ to_a sheriff or jailer by virtue of a writ. warn xt, or mlttimus, a copy thereof shall be delivered to such sh%\