Page:United States Statutes at Large Volume 9.djvu/99

 TWENTY-NINTH CONGRESS. Ssss. I. Ch. 98. 1846. 73 cognizance of all crimes and offences within the jurisdiction of the my *¤*¤ ¤*?s¤¤· said Circuit and District Courts, and every indictment for a capital  °,j,,,°§`,;':,? offence, presented to the District Court, shall,.by order entered on daemon of either the minutes of the court, be remitted to the next term and session of C‘g‘;‘·M. d. ,_ the Circuit Court, together with all recognizances taken therein; and mend, to iii, isa. on filing such order and indictment with the clerk of said Circuit miusdm Ci¤‘¤¤l¤ Court, that court shall thereafter proceed thereupon, the same as if the CW"` indictment had been originally found and presented in said court; and the said District Court may, moreover, in like manner, remit to _ Other remisthe Circuit Court any indictment pending in said District Court, "°‘“‘ °f °”°‘· when, in the opinion of the court, diflicult and important questions of law are involved in the case; and the proceedings thereupon shall thereafter be the same in the Circuit Court as if such indictment had been originally found and presented therein. That no grand jury H,,,,, nd j,,, shall hereafter be summoned to attend any Circuit or District Court ri¤= Shdllic sumof the United States, unless the judge of such District Court, or one m°"°d‘ of the judges of such Circuit Court, shall, in his own discretion, ct upon a notification by the district attorney that such jury will be needed, order a venire to be issued therefor: Provided, That nothing herein shall prevent either of said courts in term from directing u May be Wm_ grand jury to be summoned and impanelled, whenever, in its judg· ruorreri at any ment, it may be proper to do so, and at such time as it may direct: “m°- And provided further, That nothing herein shall operate to extend p,°,;s,,_ beyond what the law now permits the imprisonment before indictment found of an individual accused of a crime or offence, or the time during which an individual thus accused may be held under recognizance before indictment found. Sec. 4, And be it further enacted, That any party charged with a S,,,,,,,,,,,,,. 0,- criminal offence, and admitted to bail, may, in vacation, be arrested criminals by their by his bail, and delivered to the marshal or his deputy, before any bm judge or other officer having power to commit for such offence ; and at the request of such bail, the judge or other officer shall recommit the party so arrested to the custody of the marshal, and endorse on the recognizance, or certified copy thereof, the discharge and e:coneratur of such bail; and the party so committed shall therefrom be held in custody until discharged by due course of law. Sec. 5. And be it farther enacted, That if any captain, or other P an _ officer or mariner, of a ship or vessel on the high seas, or any other c,;:,,,,? waters within the admiralty and maritime jurisdiction of the United vessel;. for the States, shall piratically or feloniously run away with such ship or ves-· gggjfgges °l` sel, or any goods or merchandise on board such ship or vessel to the ` value of fifty dollars, or yield up such ship or vessel voluntarily to any pirate, every such person so offending shall be deemed guilty of felony, and, on conviction thereof, shall be punished by fine not exceeding ten thousand dollars, or by imprisonment not exceeding ten years, or both, according to the nature and aggravation of the offence. Sec. 6. And be it further enacted, That upon the necessary proof _New_bail tobs being made to any judge of the United States, or other magistrate $:*3 m °°"*i¤ having authority to commit on criminal charges against the laws of the United States, that a person previously admitted to bail on any such criminal charge is about to abscoud, and that his bail is insufficient, it shall and may be lawfirl for any such judge or magistrate to require such person to give better security, or, for default thereof, to cause him to be committed to prison'; and, to that end, an order for his arrest may be endorsed on the former commitment, or a new warrant therefor may be issued by such judge or magistrate, setting forth the cause thereoi Sec. 7. And be it further enacted, That, on the application of any Von. IX. Pun. — I0