190 Trrnn xm.-Tun JUDIC1ARY.—Ch. 18. Bail in criminal Sec. 1017. When a writ of error is issued for the revision of the judg- ¢“?¤ '°m°"°d by ment of a State court, in any criminal proceeding where is drawn in ques-
- ';
- : °f {LW {mm tion thevalidity of a statute of, or an authority exercised upder,_the United
L States, orwhere any title, right, privilege, or immunity is claimed under 24 Sept-· 173*% °· the Const1tution, or any statute o , or commission held or authority exer- 20i_,‘]_" jggggij cised under, the United States, thke gefendaéitflif charged withign offense jg.}, ¤_ 6g,' ·_ 14,, , that is bailable by the laws of suc r tate, s a not ne release rom cus- 172.P tody until a final judgment upon such writ, or until a bond, with sufficient 5F2b-»1867·°·28» sureties, in a reasonable sum, as ordered and approved by the State court, °‘2’ v` H’ P' 386 is given; and if the offense is not so bailable, until a final judgment upon the writ of error. [Sw s 109-1 Surrender of Sec. 1018. Any party charged with a criminal offense and admitted to °'i!”i”“l“ by *h°“' bail, may, in vacation, be arrested by his bail, and delivered to the marb°‘l‘ - ._ sha] or his deputy, before any judge or other officer having power to com- 8 Aus-. 1846. ¢· mit for such offense; and at the request of such bail, the jud e or other 98» “· ‘*· "· 9· P· 73· officer shall recommit the party so arrested to the custody of tide marshal, and indorse on the recogmzance, or certified copy thereof, the discharge and exoneratur of such bail; and tlhe party so commitjed shall therefrom be held in custody until discharge by due course of aw. New bail to be Sec. 1019. When proof is made.to any judge of the United States, or given in certain other magistrate having authority to commit on criminal charges as afore- °”°°- said,that a person previously admitted to bail on any such charge is about 8 Aug., 1840, c. to abscond, and that his bai is insufficient, the judge or magistrate shall 98. S- 6, V- 9» P· 73· require such person to give better security, or, for default thereof, cause him to be committed to prison; and an order for his arrest may indorsed on the fol‘m€1‘ commitment, or a new warrant therefor may be issued, by such judge or magistrate setting forth the cause thereof. Whenpenaltyof Sec. 1020. When any recognizance in a criminal cause, taken for, or recosnizancesnwy in, or returnable to, any court of the United States, is forfeited by a bj‘“E‘{____ breach of the condition thereof, such court may, in its discretion, remit 28 Feb., 1839, c. the whole or a part of tho(penalty, whenever it appears to the court that 36. ¤- 6» V- 5» P- 322- there has been no willful efault of the dparty, and that a trial can, notwithstanding, Lc had in the cause, an that public justice does not otherwise require the same penalty to be enforced. Indictmentsargg NSec. 1021£hN0tijjldictn1ent shall lje fppnd, por] shall arjypresentment Eresentmentsto made, wi ou e concurrence o a eas we ve gran jurors. y at least twelve grand jurors. 3 Mar., 1865, c. 86, s. 1, v. 13, p. 500. Offenees against Sec. 1022. All crimes and offenses committed against the provisions ij')? °l°l;’""° M"' of chapter seven, Title "CmM1~:s," which are not infamous, may be prosguj;3 °w Pm°°` ecuted either by indictment or by information filed by a district attorney. 31 May, 1870, c. 114, s. 8, v. 16, p. 142. . _ Matterssetiorth Sec. 1023. In prosecutions for perjury committed on examination be- '“ H:;““,;';';’;‘:;°; fore a naval general court-martial, or for the subornation thereof, it shall pm be sufficient to set forth the offense char ed on the defendant without uava court-mar- , . . g ’ . tial. setting forth the author1ty by which the court was held, or the dparticnlar
matters brought before, or intended to be brought before, said court.
204, s. 1,'ai-t. 13; v. 12, p. 604. Charges which Sec. 1024. When there are several charges against any person for g:;Yil;°dj:;“;°L the same act or transaction, or for two or more acts or transactions con- Bhau bam joined_ nected together, or for two or more acts or transactions of the same ———————— class of crimes or offenses, which may be properly joined, instead of a02g {"‘;b¥(j85ii·6;· having several indictments the whole may be joined in one indictment
in separate counts; and if two or more indictments are found in such
12 jj],,gc,,_’ 49]. ’ cases, the court may order them to be consolidated. Indictmenw de_ 'Smo. 1025: No indictment found and presented_by a grand jury in any fem of {0,,,, district or circuit or other court_of the United States shall be deemed ———·————— insufficient, nor shall the trial, judgment, or other roceedin thereon 1 June 1872 e . . . P. g' 255, Q_ 8_*v_ 1.,; P_ be affected by reason of any defect or imperfectnon in matter of form jgg_ only, wh1ch s all not tend to the prejudice of the defendant.
