FIFTYFIFTH CONGRESS. Sess. III. Ch. 429. 1899. 1293 Division No. .
- District court for the District of Alaska. In the name of the United
States of ·America.
- To the United States marshal for the District of Alaska, or any deputy,
greeting:
- ·An indictment having been found on the day of , hundred and , in the district court for the District aforesaid, division
No. , charging A B with the crime of (designating it generally), this is to command you forthwith to arrest the defendant, and bring him before such court to answer the indictment, or, if the court have adjourned for the term, that you detain him in your custody. By order of the court. g
- Witness my hand and seal of said district court, aiiixed at ,4
, this day of , hundred and . . [L. S.] ‘ **0 D, C1erk.”, Sec. 77. That when the crime is bailable, and the defendant requires Wks; ggfeubignr _ it, the officer making the arrest must take him before the court if in menu, "' °" session, and if the court is not in session, before a commissioner for the purpose of putting in bail, and thereupon such commissioner must proceed in respect thereto according to the provisions of chapter twenty- two of this Act, entitled **Bail." _ Sec. 7 8. That if bail be taken, the court or the commissioner must ,,f;‘f_°,;•j},'jK °¤ 1***** make the order prescribed by section two hundred and twenty-three of this Title, and deliver it to the officer, who must thereupon discharge the defendant, and without delay return the warrant and order to the · clerk of the court at which the defendant is required to appear. Sec. 79. That if the bail be not allowed, the officer must take the S¤¤¤¤¤¤bJ¤¤¤- · defendant before the court or commit him to the custody of the jailer, according to the command of the warrant. Sec. 80. That although the defendant has put in bail to answer the mfg}; *g>;g)°§l:{0•},°· charge or the indictment, the court may, at any time after the indict- unieps mama nah ment is found, order the defendant into actual custody, unless he give "" ·'¥"°“· bail with new surieties or in an increased amount, to be specined in the order. Sec. 81. That if the defendant be present when the order is made, he Q¤{¤r7,;i•¤¢· if ,1•:¤_;- must be forthwith committed accordingly; but if he be not present, a iihitd tgugiimviihini bench warrant must be issued and proceeded upon in the manner pro- °°*¤·¤•· vided in this chapter. Onarrnn Num. OF SETTING ASIDE THE INDIOTMENT. Sec. { See. 82. Indictment, when set aside on motion. 85. Etfect of order for resubmission. 83. Motion to set aside, when made and I 86. New indictment in such case, when heard.to be found. 84. Motion, if granted, proceeding there- g 87. lndictment, order to set aside no bar on. I to further prosecution. Sm:. 82. That the indictment must be Set aside by the court, upon I¤<1!¤=¤>¤¤¢. when the motion of the defendant, in either of the following cases; “°°'“""° °“ ‘“°°“"‘· First. When it is not found, indorsed, and presented as prescribed in chapter six of title two of this Act; Second. When the names of the witnesses examined before the grand jury are not inserted at the foot of the indictment or indorsed thereon. Sec. 83. That the motion to set aside the indictment must be made Mantua mum, and heard at the time of the arraignment, unless for good cause the "*’°““‘“"°““‘“‘°“"'· court postpone the hearing to a future time, and if not so made, the defendant is precluded from afterwards taking the objections mentioned in the section last preceding. SEC, 84. That if the motion be allowed, the court must order that Mm i€hs§;·=·*· the defendant, if in custody, be discharged therefrom; or if he have ’”°° g `
