Page:United States Statutes at Large Volume 30.djvu/1354

13].6 FIFTY-FIFTH CONGRESS. Sess. III. Ch. 429. 1899. property, must sell it as upon an execution, and after paying the expenses of the sale and preservation of the property, to be ascertained and certified by the clerk of the court, pay the proceeds to the clerk of the court, to be deposited by him as in the case of moneys collected upon judgments in favor of the United States. CHAPTER. THmTY—oNE. OF THE INFORMATION AND BY WHOM TAKEN. Sec. Sec. 270. Infomation defined. . \ 272. Who are magistrates. 271. Magistrate dehned. I“'°“°°**°“d°*‘”°**· Sec. 270. That an information is the allegation or statement made before a magistrate, and verified by the oath of the party making it, _ that a person has been guilty of some designated crime. ` ““g““`“*° ‘*"““‘°‘· Sec. 271. That a magistrate is an officer having power to issue a warrant for the arrest of a person charged with the commission of a cmme. mln? ¤¤ ¤=¤zi¤· SEc. 272. That the following persons are magistrates: ' First. The jndge of the district court. Second. The commissioners authorized by Act of Congress to exer- _ cise the powers and duties of justices of the peace. ' CHAPTER THIBTY·TWO. OF THE WARBANT OF ARBEST. sw. see. 273. Examination of informant and his , 278. Duty of onicer making arrest. witnesses. 279. Statement and depositionsto be sent 274. When warrant of arrest to issue. to magistrate who makes exami- 275.. Definition and form of warrant. nation. 276. What warrant is to contain. 280. Defendant must be taken before 277. Peace onicer defined. magistrate without delay. fofmmgmgéwmsf SEO. 273. That when complaint is made to a magistrate of the com- ,8.,..,, mission of a crime he must examine the informant on oath, and reduce his statement to writing and cause the same to be subscribed by him, and also take the depositions of any witnesses that the informant may produce in support thereof mX*,;f’gs;Y:;f°¤*°'*'· Sec. 274. That thereupon, if the magistrate be satistied that the crime complained of has been committed, and that there is probable cause to believe that the person charged has committed it, he must issue a warrant of arrest. _,,I},°,","§§f:“ °”** im Sec. 275. That a warrant of arrest is an order in writing, in the ` name of the United States, signed by a magistrate with his name of office, commanding the arrest of the defendant, and may be substantially in the following form: “District of Alaska, division No. . “ In the name of the United States of America. “To the United States marshal of the District of Alaska or any deputy, greeting: “Information upon oath having been this day laid before me that the critme of (designating it) has been committed, and accusing C D t ereo : “ You are, therefore, hereby commanded forthwith to arrest the above-named C D and bring him before me at (naming the place), or, in case of my absence or inability to act, before the nearest or most accessible magistrate. •‘ Dated at , this day of , eighteen hundred and . 44E F “ Commissioner, ex oihcio Justice of the Peace?