Page:United States Statutes at Large Volume 44 Part 1.djvu/526

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§ 668 TITLE 18,-·»»~CRIMIN,AL COQE For issuing any warrauthor writ, and for any other service, the same compensation as is allowed clerks for like services. For issuing any warrant under the tenth article ot the treaty of August 9, ,1842, between the United States and the Queen of the IYr1ite·d Kingdom of Great Britain and Ireland, against any person charged with any crime or ofense as set forth in said article, $2* For iseuiug any warrant under theprovision of the conyention for the surrender of criminals between the United {States and the King of the French `~C0llCl\`lt}9(] at Washington Neirembery 9,°1S~l:}, $2. ° I _‘ _ c For hearing and deciding upon the case of any pcrsorx charged with any crime or odense, and arrested under the provisions of said treaty or\qulve11tio11 or ot any treaty or convention, $5 ra day for the time necessarily employed. (Aug. 3; 1882, c. 378. §_ 2, 22 Stat.'215 {May 28, 1896, c. 252, §_21, 29 Stat. 184.) ‘ 668; Payment of fees and c0sts.——All witness fees iand costs ef every` nature in cases of extradition, including the fees of the coramissioner, shall be certified by the judge or commis-' eicmerj/before whom the heariag shall take Pplace to the Secre- 2 tary of State of the United States, and the same shall be 'paid eutof the appropriations to defray the expenses of the judi—, ciary. The Attorney Genegal shall certify to the Secrjetary of State the amounts td be paid to the United States, on account of said {ees andhcosts lin extradition cases by the foreign govcrmneut_ requesting the extradition, and the Secretary of State shall cause szlidamounte to be collected and transmitted to the Attorney General for deposit in the Treasury of the United [States; (Aug.`3, 1882, c. 378, § 4, 22 $tat. 216; June 28, 1902..c. 1301, ·§ 1, 32 Stat. 475.) e Chapter 21.-—}VRlTS OF ERRORL e· U Sec. ‘ · \_ . _ ‘ GSI. Writs of error; conviction 0Qcrime punishable by death. 682. S:t1ue;·0n behalf of the United States. , A ‘ _, . Section 681. Writs of error;'coi1vi¢tion,g>f crime punishable by; death.~··—·In,al1 cases of conviction of crime the punishment of which provided by law is death, tried before any court of the United Smte.és,~ the hnal judgment of euc€\£·ourt· against the respondent shall, upon the application of the respondent, be ree:¤;amim·d, reversed, or ailirnncd by the Supreme Court of the United States upon ar writ of error, under such rules and regulutionsas said court may prescribe. Every’such writ of error elialhbe alloived as of right and without the requirement 0E any smurity for the prosecution of the smile or.for costs. Upon the allcwnucc of every such writ of error, it shall be the duty of the clerk of the c0urt_t0 which the writ of error shall be directed to_ £0rthvg.·}th» transmit tp the clerk of the Supreme Court of the, IJnitedQStates a certified transcript at the rccurd lu `auch case; and it ehalll he the duty_‘0f~ the clerk of the Qgprcnre Court of the United States tclreeeive, ille, and docket the same. Every such writ oferror allulll during its pemlezlcy operate as a stay of proceedings up0nJ the" judgment in respect of which lt is sued out; An_y auch writ of error · may be tiled andtlocketed in said Supreme Court at any time in a term held prior to the term named in the citation aégwell as ut the term so named; and all Such wrlts of error shall be advanced to la speedy hearing on motion of either ‘party._ When =· ‘ any such judgment shall be either reversed or amrmed the cauae shall he remanded to the court from whence it came for further proceedings in accordance with the declaionlof the Suprexne Court, and the court to which auch causeié so re nzaueledl shall, have power to cause such judgment of the 5 Supreme'Court to he carried lute execution. No such writ ol error $:111 be sued but or granted unless a petition therefor shall be thedwvlth the clerk of the cdurt luwhich the trial shall have been had during the same term or within such time, not

AND CRIMINAL PROCEDURE 512 exceeding sixty days next after the expiration of the term or the court at which the trinl. nhnll have been had, as the conrt may for cause allow by order entered oi record. (Feb. 6, 1·%SOQ c. 113, 5* 6, 25 Stat. 656.) ’ 682. Same; on behalf of the United S&:es.·——-A writ of error may be taken by and on behalf of the ted States from the district courts direct to the Supreme Court of the United Stntes in all criminal cases, in the iollowing instances, to wit: From a decision or judgment -qunsbin`g, setting aside, or · sustaining n demurrcr 1:0, any indictment, or any count thereof, where such decision or judgment is based upon the invalidity, or construction of the statute upon which the indictment is founded. Z · . ‘ Me ‘ From n decision arresting ea judgment of conviction for inmzdl. ciency 'of the indictment, where such decision is boned upon the invplidity o1·· construction of the ,stnt'nte npon which me —indict1g_ent is founded. ` I . From the decision or judgment sustaining a special plea in bar, when the defendanthas not been put in jeopardy. » The writ of error in all such cases shall be taken- within thirty days after the decision or judgment has been rendered . and shall be diligently prosecuted and shall have precedence over all other cases. ~ _ ~ ‘ ·‘ · i — Bending the prosecution and determination of the writ of error in the foregoing instancesnthe defendant shall bendmittetl _- to bail- on zhis own recognizancez Provided. Thatj no writ of error shall be taken hy ornllowed the United States in any case where there has been ln verdict · in favor of the defendant. (Mar. 2, 1907, c. 2564, 34 Stat. 1246.) _ J _» Part 3.-—-PRISONEHS AND THEIR '1`R@’1`MENT_ (Qhnpter . ’ . _ _ _ Sec. 22. Gnsnmt. rnovxsxoxs ..4; . --..’..-.. ..;-..-..- 691 ` 23. UNITED Burns rnxsoxs rn onsnnan., . ..-.-.. 741 24. LIQA\'ENWOl”t'1‘*H, 'Kusns, Pnnxrnzcruar . .. ... 761 25. ATLANTA_,L Gnonou, Pnxxrnnrrant . ...-.-. 791 26. Fnnnnax. Inxiusrnrn. Ixsrrrurron ron Wonzn ...,. ...,.. .. S11 - 27. Umrno Sucrns INDU_Sf1‘BI.AI».;REIOBMAT0RXA . 331 Chapter 22.-L-GQINERAL rnovxsrons. r Sec. I Q — _ _ ‘. ( . · . 601. Temporary jails for confinement `o1‘_`United States prisoners. 092. Safekecplng ot United States prisoners; marshals to make pro . Wisions tor. `· `. " » ‘ _ ‘ ‘ 693. Control, discipline, and treatment of Pnitcd Staten convicqgjin “ . State or '1‘erritor1al' jails orprisons. ` . ·’V ' 69-1. Sentence of United States prisoners to State penitentiary. not ` i in judicial district where sentence was 1mposcd.· 605. Execution o1’,scnt,enccs in Stnte jail or'pcn·itent1nry. I ` 696. Confinement ot United States convicts in State or Territorial ’ jnlls or pcuitentiaries; designation by Attorney Genernl. . I 007. Same; transportation ot convicts to designated pieces; coats. . 698. Same; change ot place ot ceontlnenfent. ' . L 600. Sante ; rupelstence and employment ot convicts. 1 · 700,, Some; clothing and money on discharge. · K 701. Expenses for trnnsportation and connncznent of prisoners paid by L _ ‘ United States. A ‘ s 702. Report of warden lo! penitentiary. ·_

703. Actual reasonable cost of subsistence paid.; _

704. Cost of cerc of District of Columbia convlcm charged against r District;..acconnts.' ‘ · _ _ · L 705. Ordering sentences executed ln house of correction. A k 706. Juvenile offenders; contlnenrent. _ E 707. Sumo; contracts fornnbsistence.

  • ‘ 708. Hiring out United States convicts;

l 700. Same; (penalty ‘ - ‘ - y 710. Deductions Trom sentences foo good conduct; computation. , 711. Same; restorntion of forfeited {cotnmutntion. 712. Berne; sentences adected. . ·‘ · 5 _ T 712n. Same; prisoners convicted prtor to June 21, 1902.

713. Same; entry on comuiltment warrnnt:e-tortelturs. .

[ 714. Parole-ot prisoners; conditions. , 715. tinme; boards of parole ;_meetings._ _ K ' 716. Same; application for parole. — — ‘ I 717, Same; violntion of parolegwnrrant for retaklng prisoner. t 718. Same; omcers snthorized to execute warrant; expenses.

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