FIFTYFIFTH CONGRESS. Sess. III. Ch. 429. 1899. v1 305 Sec. * Sec. 18%. Bench warrant, how served. l 190. Judgment to pay fine; duration of 18.0. Court may inquire into circum- imprisonment on. stances in aggravation or miti- i 191. Entry ofjudgment of conviction. gation of punishment. 192. Judgment to pay line to be docketed, 186. Testimony as to circumstances, how and effect thereof. given. 193. The name of private prosecutor to 187. Defendant may be examined if he be indorsed on indictment. consent. 194. Judgment in case prosecution is 188. No other testimony or representation malicious. to be received. I 195. Judgment roll, how and when made. 189. On conviction of two or more crimes, judgment of imprisonment, how glVGIl. Sec. 177. That after a plea or verdict of guilty, or after a verdict _ Timo for 1>ro¤o¤¤¤- against the defendant on a plea of former conviction or acquittal, if “"“"dg""°"° the judgment be not arrested or a new trial granted, the court must appoint a time for pronouncing judgment. Sec. 17 8. That the time appointed for pronouncing judgment must WM timo ¤·-go! bo be at least two days after the verdict, if the court intend to remain in °pP°°"°d' session so long, or if not, as remote time as can reasonably be allowed; but in no case can the judgment be given, except by the consent of the defendant, in less than six hours after the verdict. - Sec. 179. That for the purpose of giving judgment, if the conviction If oonviotion for o be for a felony, the defendant must be personally present; but if it be §°{,'{£;,'l,'§.?f’§lE’}'.},"Q.§ZZ.l for a misdemeanor, judgment may be given in his absence. ;*;g,¤;·_;·•;g 1;;; 8;;¤¤¤- Sec. 180. That when the defendant is in custody, the court must m{·3‘··¤d#;¤,j*{’i¤ cj; direct the officer in whose custody he is to bring him before it for 1»e¢·3r;ndie esnrilmg judgment, and the officer must do so accordingly. . SEO. 181. That if the defendant has given bail or has deposited Pro¤oo<ii¤gwl¤o¤d¤- money in lieu thereof, and does not appear for judgment when his pen §‘§,'f.‘§“’},E,{’“,pl{,‘§,}, "ffjl sonal attendance is necessary, the court, in addition to the forfeiture of i¤·*:¤o¤¤- the undertaking of bail or the money deposited, may direct the clerk to issue a bench warrant for his arrest. Sec. 182. That at any time after the making of the order for the _ Bench warrant to bench warrant, the clerk, on the application of the district attorney, ‘"""‘ ` must issue such warrant, as by the order directed, whether the court be sitting or not. Sec. 183. That the bench warrant must be substantially in the fol- f;·*¤· o¢`l>o¤·¢l¤*¤r- lowing form: m I ”` “District court for the District of Alaska, Division No. . “ In the name of the United States of America. “To the United States marshal for said District, or any deputy, greeting: _
- ‘A B having been, on the day of , eighteen hundred and
, duly convicted in the court aforesaidof the crime of (designating it generally), this is to command you forthwltll H·l‘l‘eSt the above-named defendant and bring him before such court for judgment, or if the court have adjourned for the term, that you retain him in your custody. By order of the court. V _
- Witness my hand and seal of said district court, affixed at ,
this day of , eighteen hundred and . [L. S.] "C D, Clerk." Sec. 184. That Such bench W8»i‘I‘3»I1li may b6 S6I'Ved in the same Bo¤;¤1¤wo_rr=·¤¢.h¤w manner as provided in case of a bench Warrant upon an indictment, S"`"` Snr:. 185. That after a plea or verdict of guilty, or a verdict against _ Court may inquire the defendant on a plea of former conviction or acquittal, in a case Lzgrliiiigfgidiiggi where a discretion is conferred upon the C0l1l`U as to the extent of the tion of p¤¤i¤1¤¤¤¤t~ punishment, the court, upon the suggestion of either party that there are circumstances which may properly be taken into view, either in aggravation or mitigation of the punishment, may, in its discretion, hear the same summarily atl a speciued t1me and upon such notice to rse art as it ma irect. the]§g,VfS6. Thatilthe CiI'0l1I5IlSl7?\11C0S must? be DI`9S0Hl30d by the testimony Testimony as men-. of witnesses examined in open 0011rt, SKCOD1G that when a witness is so §§,§‘uf““°°“· 1‘°"
