Page:United States Statutes at Large Volume 30.djvu/1351

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FIFTY-FIFTH CONGRESS. Sess. III. Ch. 429. 1899. 1313 CHAPTER TWENTY-SIX. OF RECOMDHTMENT OF THE DEFENDANT AFTER BLIL 012 A DEPO IT OF MONEY IN LIEU THEBEOF. Sec. I Seo. 244. When defendant may be recommit- 248. If for other cause he may be admitted. ted to bail. 245. Contents of the order for the arrest. 249. Bail in such case, b whom taken. 246. Defendant arrested on copy of order, l 250. Form oi the undertahing. how served. 251. (Qualifications of ball, and how put 247. If forfailure toappear for judgment, in. defendant must be committed. Sec. 244. That the court at which the defendant is bound to appear, mw :0* ¤ d°*€¤gj;_¤* or where the action is pending, or the judgment appealed from is given, Y r°°°mm° may, by an order entered upon its journal, direct the arrest of the defendant and his commitment to the officer to whose custody he was ‘ committed at the time of giving bail, and his detention until legally discharged, in the following cases: First. When, by reason of his neglect or failure to appear, he has incurred a forfeiture of his bail, or of money deposited in lieu thereof, as provided in section two hundred and thirtyseven of this Title; Second. When it satisfactorily appears to the court that his bail, or either of them, are dead or insufficient, or have removed from the district- Thirdt Upon an indictment being found in the cases provided for in section eighty of this Title. Sec. 245. That the order for the recommitment of the defendant must ojgfgfhomf • recite, generally, the facts upon which it is founded, and direct that ' the defendant be arrested by the United States marshal or any deputy, to be detained until legally discharged. Sec. 246. That the defendant may be arrested pursuant to the order, D¤f¤¤<i#}¤¤“=;¤<>;¤¤<i upon a certified copy thereof, in the same manner as upon a bench war- ZI,',$°.,§’ ° ° °"’ °' rant. Sec. 247. That if the order recite, as the ground upon which it is if fgjj-i§¤;¤ *¢·_:r;- made, the failure of the defendant to appear for judgment upon con- $32-nutut {tig {.6 vietion, the defendant must be committed according to the requirement °°“““*°°°*l- of the order. Sec. 248. That if the order be made for any other cause than that MI{u:¤rbgj_*j,j_;i$_;•g6 specilied in the last section, and the crime be builable, the court may tm. y direct in the order that the defendant be admitted to bail, in an amount to be therein specified. Sec. 249. That when the defendant is admitted to bail the bail may b B32m?,:;:: <=¤¤•· be taken by any magistrate having authority to take bail, as provided Y ' in section two hundred and eight of this Title, or by any particular magistrate, to be designated by the order. Sec. 250. That when bail is taken upon an order for the recommit- rem of the umm ment of the defendant, the undertaking of bail must be in substantially ‘“k‘“¥· the form prescribed in section two hundred andsixteen of this Title for the original undertaking of bail, except that it need not refer to the original order of admission to bail and must specify the court in which the order for recommitment and admission to bail is made and the date of such order. _ _ Sno, 251. That the bail must possess the qualifications and must be b_g¤¤}1ilg¤¤¤i¤·:~;n¤f put in in all respects in the manner prescribed by chapter twenty-two ‘ ““ °" *’“ ‘ of this Act. . VOL xxx——83