Page:United States Statutes at Large Volume 76A.djvu/640

–544– -544(c) Upon announcement of his determination, the magistrate shall advise the defendant of his right to appeal and the manner of taking the appeal pursuant to section 3922 of this title. (d) If an appeal is taken from a magistrate's determination that the defendant is insane or mentally incompetent, the defendant shall be committed pursuant to section 4864 of this title. (e) Upon perfection of an appeal as required by section 3922 of this title, the magistrate shall forthwith transmit the judgment, and all documents pertaining thereto, to the clerk of the district court. § 4868. Mental examination of indigent defendant If the court has reasonable cause to believe that a defendant in a criminal proceeding may have been insane at the time of the commission of the oflfense with which he is charged and it is demonstrated to the satisfaction of the court that the defendant is indigent, the district judge or magistrate, as the case may be, shall order the defendant, whether or not previously admitted to bail, to be observed and examined by at least one designated examiner, as defined by section 1631 of Title 5, regarding the defendant's sanity at the time of the commission of the offense. For the purpose of the examination the court may order the defendant committed to a hospital, as defined by section 1631 of Title 5, for such reasonable period as the court may determine. The designated examiner or exammers shall report to the court, and the report shall be placed on file and shall be accessible to the counsel for the Government and to the defendant or his counsel before the resumption of the proceedings. The appearance of the designated examiners to testify in behalf of the indigent defendant shall be at no expense to the defendant.

CHAPTER 233—DISPOSAL OF STOLEN OR EMBEZZLED PROPERTY AND PROPERTY TAKEN FROM ARRESTED PERSON Sec.

4901. 4902. 4903. 4904. 4905. 4906. 4907.

Custody of peace oflScer. Delivery to owner. Custody of court; delivery to owner. Delivery by trial court. Unclaimed property. Money or property taken from arrested person. Police department entries.

§ 4901. Custody of peace officer "When property alleged to have been stolen or embezzled comes into the custody of a peace officer, he shall hold it subject to the order of the court authorized by section 4902 of this title to direct the disposal thereof. § 4902. Delivery to owner On satisfactory proof of the ownership of the property, the court before which the complaint is laid, or which examines the charge against the person accused of stealing or embezzling it, may, if neither party objects, order it to be delivered, permanently, or temporarily upon such conditions as the court may prescribe, to the owner on his paying the necessary expense incurred in its preservation, to be certified by the judge or magistrate of the court. The order entitles the owner to demand and receive the property. § 4903. Custody of court; delivery to owner If the property stolen or embezzled comes into custody of a court, it may, if neither party objects, be delivered, permanently, or temporarily upon such conditions as the court may prescribe, to the owner on satisfactory proof of his title, and on his paying the necessary expense incurred in its preservation, to be certified by the judge or magistrate of the court.

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