Page:Federal Reporter, 1st Series, Volume 10.djvu/814

802 FEDERAL REPORTER- �If the respondent, however, thinks that the question of title in this case can be and should be determined in a court of law, where there can be a trial by ]ury, she is at liberty to institute such a suit, which she can do at any time, the complainant being in possession. The fact that a bill in chancery bas been filed does not estop respondent from coramencing an action at law. If such an action be commenced the court will then determine whether the suit in equity should be stayed until after a trial in the action at law. �The demurrer to the bill is overruled. �Tebat, D. J., concurs. ���Dnited States v. Haeden and others, {District Court, W. D. Morth Carolina. Koveraber Term, 1881.) �1. Cbiminal Procedure — Abrest and Removal op Ofpbndbes for Trial. �Section 1014, Hev. , St. in conferring criminal jurisdiction on commiasioners appointed by the circuit courts, declares that proceedings before tliem shall be agreoably "to the usual mode of process " in the state where they are ap- pointed ; from which it may be inferrod that it was the intention of congresa to assimilate all proceedings for holding persons aocused of crime to answer before a court of the United States, to the proceedings had for similar pur- poses b}' the laws of the state where such court is held. �2. Court' CoMMissioNEKs — Atjtiioritt to Commit. �The commissioners have authority under the state statutes to commit de- fendants to county jails. The mittimus must be directed to the marshal, com- manding him to convey the prisoner into the custody of the jailer, and it must also direct the jailer to recoive the prisoner and keep him in close custody un- til discharged or taken from his custody by some proper process of law. Com- missioners have similar powers in United States cases as justices of the neace have in state cases. 8. AuTiroRiTT OF Marshal. �The commitment of the prisoner to the county jail is not an absolute com- mitment, as the marshal can take the prisoner out of the custody of the jailer when it becomes necessary for him to complete the service by eapiaa by pro- ducing the body of the prisoner at the ensuing term of court. �4. Bame — Order op Court or District Attorney. �Section 1030, Rev. St., directs that " no writ is necessary to bring into court any prisoner or person in custody, or for remanding him from the court into custody, but the same shall be done on the order oi the court or district attor- ney." �5. MAliSIIAL — POWEKS DeFIKED. �Section 788, Kev. St., provides that marshals in eaoh state, in executing the laws of the United States, shall have the same powers as sherifEs in executing the laws of the state. The proper practice in the execution of their powers suggested. ��� �