FIFTY-SIXTH CONGRESS. Sess. I. Ch. 7 S6. 1900. 431 rant or detained in custody without bail, and if he may be hailed, the amount in which he may be let to bail. Upon executing the warrant of arrest, the marshal must keep the person in actual custody, bring him before the court or judicial officer, and detain him until an order be made in the premises, unless the person arrested entitle himself to be discharged as provided in section six hundred and sixteen. Sec. 616. The defendant shall be discharged from the arrest upon Be it how given. executing and delivering to the marshal, at any time before the return day of the warrant, an undertaking, with two sufficient sureties, to the effect that the defendant will appear on such return day, and abide the order or judgment of the court or officer thereupon, or pay, as may be directed, the sum s ecified in the warrant. Sec. 617. The marshal dliall return the warrant of arrest, and the nemm of eymm, undertaking, if any, gjven him by the defendant, by the return day §§g,,8¥§§‘§d‘“gS °“ therein specified. Vi en the defendant has been brought up or has appeared, the court or judicial officer shall proceed to investigate the charge by examining such defendant and witnesses for or against him, for which an adjournment may be had from time to time if necessary. Sec. 618. Upon the evidence so taken the court or judicial officer Determination and shall determine whether or not the defendant is guilty of the contempt S°“t°“°°‘ charged, and if it be determined that he is so guilty, shall sentence him to be punished as provided in this chapter. · Sec. 619. If any loss or injury to a party in an action or proceeding, n,{;,*‘;)§,*§§,*gQ1’3<{j;*e§,€m· prejudicial to his rights therein, have been causedby the contempt, ` the court or judicial officer, in addition to the punishment imposed for the contempt, may give judgment that the party aggrieved recover off theedefendant a sum of money sufficient to indemnify him and to satisfy his costs and disbursements, which judgment, and the acceptance of the amount thereof, is a bar to any action or proceeding by the ag rieved party for such loss or injury. §EC. 620. When the contempt consists in the omission or refusal to ,ml;;g§§u*g*§,{**'m”Y b° perform an act which is yet in the power of the defendant to perform, e may be imprisoned until he shall have performed it; and in such case the act must be specified in the warrant of commitment. _ Sec. 621. Persons proceeded against according to the provisions of ,,,§§§,§,‘§,,‘§}?°“’*‘°""" this chapter are also liable to indictment for the same misconduct, if it be an indictable offense; but the court, before his conviction is had on the indictment, in passing sentence, shall take into consideration the punishment before inflicted. Sec. 622. When a warrant of arrest has been returned served, if the pe§rP,‘§§‘(§cdg’€’§,‘§‘n§’g defendant do not appear on the return day, the court or judicial officer meréoii. may issue another warrant of arrest, or may order the undertaking to _ be prosecuted, or both. If the’undertaking be prosecuted, and the aggrieved party join in the action, and the sum specified therein be recovered, so much thereof as will compensate such party for the loss or injury sustained by reason of the misconduct for which the warrant was issued shall be deemed to be recovered for such party exclusively. _ Sec. 623. Either party. to a judgment in a proceeding for a con- mg,§{Q?€“l mm ’“dg' tempt may appeal therefrom in like manner and with like effect as from a judgment in an action; but such appeal shall not have the eifect to stay the proceeding in any other action or proceeding, or upon any judgment, decree, or order therein concerning which or wherein such contempt was committed. Contempts of justices’ courts are punishable in the manner specially provided in the procedure before them.
