Page:United States Statutes at Large Volume 44 Part 1.djvu/523

 509 2*11*1.1:: 18.·-——CR1M1.\"AL vena fled by the adidavit of the omcer at the foot of the inventory and taken before the judge or commissioner at the time, to the iellowing effect: “I, R. S., the oflicertby whom this warrant was executed, derswear that the above inventory pontains a true and detailed ncégouut of all the property taken by me on the warrant." (June 15, 1917, c. 30, Title XI, § 13, 40 Stat.
 * 2;.*9.) _ I

624. Copy of inventory for pexjson from whom property taken.-—-TL1e judge or commissioner xnust thereupon, if required, deliver a copy et the inventory td tlneperson from whose pos- >¤vs>:ien the property was taken and to the applicant for the warrant. (June 15, 1917., c. 30, Title XI, § 14, 40—St21t. 229.) 625. Taking testimeny.——If the grounds on which the warrant wes issued be cwtgevertecl, the judge er commissioner must proceed to take testimony in relation thereto, und the testimony efeach witness must be reduced to writing and sub- _“__ scribed by each witness. (June 15,.1917, c. 30. Title XI, § 15, 40 Stat. 229.) » A ` 626. Restoration ofpreperty takenf retention of custody of prepex·ty· by ciiicer ur. other dispesition.-———If alt appears that the property or paper taken is. not the samefas that described in the warrant or that there is no probable cause for believing the existence of the grounds dn which the warrant ·wa¤. issued, the judge or c0mmiesioner_¤1ust qcause it to lye restlniwl to the pwseu item whom it was taken; but if it appears I that tlne progiertny or paper taken is the same as that described in the warrant and tl1£1t.th<·re is probable cause ‘for believing the existence of th€`gI`0\1IldS ou whicl1 the warrant was fssued. then the judge or commissioner Sl1_11u-01‘(I9I‘ the same retained in the custody 0t_ the person seizing it or to be otherwise dis- ' posed of according to law. (June'15, 191T,._c. 30, Title XI, {16, 40 Stat. 229.) _ . · ~ 627. Filing papers with clerk at court hauing jurisdiction.-4 Tlte judge orpommlssiencr must annex the alllduvlts, search I warrant, return, inventory.} and evidence. I1l1d·lf‘llQ has 7 1101 power to inquire into the offense in respect to which the warrant was issued he must at.0m·e me the same, together with-ia copy of the record of his proceedings, with the clerk of the court havlugpcwer to so inquire. (Juue`15, 1017, c. 30, Titlt ·x1, 5·11;40 Sm. 230.) _ . I · 628. Obstrueting service or execution,.-\\’h0ex·er' shall . knowingly and villltully obstruct, resist, or oppose any zsuclt omcer or person in serving on atteniptlpg to serve or `executa anysuch search warrant.- or shall assault, beat, or wound an; nucl: OEOEI er person, knowing him to be an officer ori person s< authorized, Shall be lined not more than $1900 ot impyrisonet not more than two years. ·(June 15, 1917, c. 30, Title XI, .§ 18 40 Stat. 230.) _ . ·· . '. I 629. Perjury and aubemation of iperjuryp-se.¤t1¤¤S‘ 231 and 232 of this title shall apply. to and embrace all person: making oath or amrmatloh er procuring the same under the pgovlsiens et this chapter, and sucll persons shall be subject te all the pains and penalties of eald sections. (June 15, 1017, c 30, Title XI, §_ 19, 40 Stat. 230.) · » `· 630. Mnliciously preeuiing {sane.-——·A person \\*b0°Ill£1llCl0\1Sl} and without-probable cause pmcures ‘a Search warrant to la issued anti executed shall be dnéd not more than $1,000 or lm prlsoned not more than one year. (June 15, 1917, c. 30, Titll XI, { 20, 40 Stat. 230.), . I · I 631,, 0&cer exceeding autherlty.··-·-An omcer wlneln execut lng a search ·wnrrnnt willfully exceeds his ~&llth0I'1ty,·Ql" exe: elses it with unnecessary severity, shall be Hnednet more than $1,000 on lmprleoued not more than que ye?. (June 15, 1011 c. 30, Title XI, §‘ 21, 40 _Stat. 230.) e A I · - — 632. “United States ” de§ned.··—--·The term “Uziltéd _Ste.tw," w used in sections 611 to 631 of this title, includes the Canal Zorn and all terrltety and waters, `centlnen-tal or insular, subject t< the jurisdiction ut the United States. (June 15, 1017, c. 30 Title XIII, S 1, 40 Stat. 231.) — » · — " ·.

AND C1iIMI;\’AL 1’l£OCEDL‘RE § 543 633. Existing laws not I‘€§€3l8d.mN9[lllHg contained in this chapter shall be held to repeal er impair any existing provisions of law regulating search and the issue of search war- `rants. (June 15, 1917, c. 30, Title XI, § 23, 40 Stat. 230.) Chapter 19.-·-FINES, PENALTIES, AND FORFEITURES. §ec. ·G41. Discharge of indigent convicts. 642. Penalties under laws relating to vessels; informers’ rights; mnn—— _ ner of ascertaining facts. 1 043. Refunding of penalties under laws relating to vessels orseamen, 644. Ollicerso and luformers_as witnesses. Section -641; Discharge ofindigent convicts.-—When a poor convict, sentenced by any court of the United States to be imprisoned and pay a fine, or fine and cost, or to pay a fine, - or line and costs, has been confined in prison thirty days, solely for the nonpayment of suchiiine, or line and costs, such convict ma_y"make application in writing to any commissioner of the, United States court in the district where he is imprisoned set- , ting forthhis inability to pay such ilne, or fine and costs, and l after notice to the district attorney of the United States, who _ may_appear, offer evidence, and be heard, the commissioner _ shall proceed to hear and determine the matter. If on examina- 1 tion it shall appear to him that such convict is unable to pay _' such line, or ilne and costs, and that he has not any property { exceeiling {$20 in value, except such as is by law {exempt from r being taken on execution for debt, the commissioner shall '_ administer to him thefollowlng oath: "I do solemnly swear { that I have not any property, real or personal, to the amount- —of $20, except such as is by law exempt from being taken I on civil process for debt by the laws of (naming the State '. where oath is administered)-; and that I hare no property _ "inany way conveyed or concealed, or in anyway disposed of, i for myfuture use orkbeneilt. So help me God." Upon taking _ such oath "such convict shall be discharged; and the commis- ' sioner shall give to the keeper of the jail a certificate setting I forth the facts. ‘ (R. S. §§ 1042, 5296;) " ,, 642. Penalties under laws relating to vessels; informers’ , rights; manner of ascertaining -facts.-;-The Secretary of the Treasury may, upon application therefor, remit or mitigate [ any 'fine, penalty, oriorteituré provided for in' laws relating , to vessels or discontinue any prosecution to recover penalties , or relating to forfeltures denounced in such laws, excepting F. the penalty of imprisonment. or of removal from omce, upon , such termsas .he, in his discretion, shall think proper; and ,_ where the claims of any intormer to the share ot anypenalty L shall have been determined by a court of competent jnrlsgllc— g tion prior to the application for the remission of the penalty B or forfeiture; and the Secretary shall have authority to ascer— 3 tain` the facts uponall such applications in such manner and ,_ uncler_ such regulations as he may deem proper. (R. ·S. 5 5294: . _Dec. 15, 1894, c. 7',` 28 Stat. 595; Mar. .2, 1896, c. 37, 29 yi Stat. 39.)  U ¥_ t .. _V a é e 643; Refundingo or penalties under laws relatingl to vgessels .· or seamen.-——Whenever any nee, penalty, tortelture, exaction, a or charge arlslng under the laws relating to vessels or seamen · has been paid to anycollector of customs or consular officer, ·— payment for fthe refunding or remission ot the same, the cl Secretar}. of the ·Treas¤1‘Y. if on investigation he Ends that ', such anne, penalty, torteltnre, exaetion,»or chargecwas illegally, . improperly, orexcessively impow, shall have the power; either s before or after the same has-  n covered inte the `Treasury, e ‘to` refund so much of such. nnegpenalty, 'terieiture, exaction; o or chargeeas.he· may think proper, from any.~moneys__in the I, Treasury not etherwlse`appr¢2prlated.- `(Q`Iune~26, 1884, c. 121. X
 * all rights granted to lnformersby such laws shall he held sub-
 * , ject to the Secretaryls powers of remission, except ln cases
 * - and application has been made gwithin one year from such