Page:United States Statutes at Large Volume 47 Part 1.djvu/1043

 72d C ONGRESS. SESS. II. CH. 127 . FEB RUARY 27, 1933 . 1019 magis trate and detai n him unti l an order be m ade in the prem ises, unless the perso n arr ested enti tle h imsel f to be di schar ged, as pr o- vided in section 641 . SEC. 641. BAIL BOND, FORM AND CONDITIONS OF .-When a direction Bail bond. to let the person arrested to bail is contained in the warr ant o f att ach- ment, or i ndors ed th ereon , he must be di schar ged f rom the ar rest, upo n executing and delivering to the officer, at any tim e before the return day of the warrant, a written undertaking, with two sufficient sureties, to the effect that the person arrested will appear on the retur n of the w arran t and abid e the orde r of the c ourt, judg e, or magis trate ther eupon ; or t hey w ill pay as may be di recte d, the sun s specified in the warrant. SEC. 642. OFFICER MUST RETURN WARRANT AND UNDERTAKING, IF Return by officer. ANY .-The of fic er mu st return the warrant of arrest and undertaking, if any, received by him from the person arrested, by the return day specified the rei n. SEC . 643 . HEARING.-When the per son a rrest ed has bee n bro ught Hearing. up or appeared, the court, judge, or magistrate must proceed to inves tigat e the char ge, and mu st he ar any ans wer w hich the p erson arrested may make to the same, and may examine witnesses for or against him, for which an adjournment may be had from time to tim e, if necessary. SEC. 644. JUDGMENT AND PUNISHMENT, IF GUILTY.-The cour t sha ll Judgment, punish- determine whether the accused is guilty of contempt, and, if he be ment" adjudged guilty, he may be fined not exceeding $100, or imprisoned not more than ten days, or both . If the contempt consists in the violation of an injunction, the person guilty of such contempt may als o be or der ed to m ake complete restitution to the party in jur ed by such violation . SEC. 645 . IF THE C ONTEM PT IS T .5 O MISSI ON TO PERFORM ANY ACT, for performance Imprisonment to en- of THE PERSON MAY BE IMPRISONED UNTIL PERFORMANCE.-When the act . con te mpt consists in the omi ss ion to perform an act which is yet in the pow er of the perso n to perfo rm, he may be i mpris oned until he ha ve 1 perfo rmed it, and in that case the act m ust be spe cifie d in the warrant of commitment . SEC . 646 . If A PA RTY F AIL TO APPEAR, PROCEEDINGS .-When the Failure of defendant warrant of arrest has been returned served, if the person arrested toappear. do not appear on the return-day, the court, judge, or ma gis tr ate may i ssue anoth er wa rrant of a rrest , or may o rder the u ndert aking to be prosecuted, or both. If the undertaking be prosecuted, the mea su re of da ma ges in the action is the extent of the l oss or injury sustained by the aggrieved party by reason of the mis co ndu ct for which the warrant was issued, and the costs of the proceedings. SEC. 647. ILLNESS SUFFICIENT CAUSE FOR NONAPPEARANCE OF PARTY Illness sufficient ex. e. ARRESTED ; CONFINEMENT UNDER ARRESTS FOR CONTEMPT .-Whenever, by Continemeut under the p rovis ions of this chapter, an offic er is requ ired to keg a person arrests for contempt. arrested on a warrant of at tac hm ent in custody, and to br ing him before a court, judge, or magistrate, the inability, fr om il lne ss or otherwise, of the person to attend, is a sufficient excuse for not bring- ing him up and the of ficer must not confi ne a perso n arr ested upon the warrant in jail, or otherwise restrain him of personal liberty, except so far as may be necessary to secure his personal attendance. CHAPTER 21 .-E SCHEA T OF PROPE RTY ESCHEAT O F PROPERTY. SEC. 648. WHAT PROPERTY ESCHEATS .-If an intestate decedent what property as- leaves no husband, wife, or kindred, and there are no heirs to take cheats . his estate or any portion thereof, under subdivision 8 of section 402 Pelt, p. 11' So in original.