Page:United States Statutes at Large Volume 62 Part 1.djvu/851

 62 STAT.] 80TH CONG. , 2D SESS.-CH. 645 -JUNE 25, 1948 821 § 3116. RECORDS OF EXAMINING MAGISTRATE; RETURN TO CLERK OF COURT- (RULE) SEE FEDERAL RULES OF CRIMINAL PROCEDURE Commissioners and clerks of court to keep records as prescribed by Director of the Administrative Office of the United States Courts, Rule 55. Return or filing of records with clerk, Rule 41 (f). CHAPTIE 207. -- -BAIL Sec. 3141. Power of courts and magistrates. 3142. Surrender by bail. 3143. Additional bail. 3144. Cases removed from State courts. 3145. Parties and witnesses-Rule. § 3141. POWER OF COURTS AND MAGISTRATES Bail may be taken by any court, judge or magistrate authorized to arrest and commit offenders, but in capital cases bail may be taken only by a court of the United States having original or appellate juris- diction in criminal cases or by a justice or judge thereof. § 3142. SURRENDER BY BAIL Any party charged with a criminal offense and admitted to bail, may, in vacation, be arrested by his surety, and delivered to the marshal or his deputy, and brought before any judge or other officer having power to commit for such offense; and at the request of such surety, the judge or other officer shall recommit the party so arrested to the custody of the marshal, and indorse on the recognizance, or certified copy thereof, the discharge and exoneratur of such surety; and the person so committed shall be held in custody until discharged by due course of law. § 3143. ADDITIONAL BAIL When proof is made to any judge of the United States, or other magistrate authorized to commit on criminal charges, that a person previously admitted to bail on any such charge is about to abscond, and that his bail is insufficient, the judge or magistrate shall require such person to give better security, or, for default thereof, cause him to be committed; and an order for his arrest may be indorsed on the former commitment, or a new warrant therefor may be issued, by such judge or magistrate, setting forth the cause thereof. § 3144. CASES REMOVED FROM STATE COURTS Whenever the judgment of a State Court in any criminal proceeding is brought to the Supreme Court of the United States for review, the defendant shall not be released from custody until a final judgment upon such review, or, if the offense be bailable, until a bond, with suffi- cient sureties, in a reasonable sum, is given. § 3145. PARTIES AND WITNESSES--(RULE) SEE FEDERAL RULES OF CRIMINAL PROCEDURE On Preliminary Examination, Rule 5 (b). Before conviction; amount; sureties; forfeiture; exoneration, Rule 46. Pending sentence, Rule 32 (a). Pending appeal or certiorari, Rule 38 (b), (c), 39 (a), 46 (a, 2). Witness, Rule 46. CHAPTER 209. -- EX TRADTION Sec. 3181. Scope and limitation of chapter. 3182. Fugitives from State or Territory to State, District or Territory. 3183. Fugitives from State, Territory or Possession into extraterritorial juris- diction of United States. 3184. Fugitives from foreign country to United States.

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