Page:United States Statutes at Large Volume 30.djvu/1357

FIFTY-FIFTH CONGRESS. Sess. III. OH. 429. 1899. 131Q sec- · Sec. 325. Order for bail on commitment. 329. Witness refusing to give undertak- 326. Undertaking for material witnesses. ing must be committed. 327. Secuntyfor appearance of witnesses, 330. Magistrate to return proceedings when may be required. and papers. 328. Infants an married women may be required to give security. Szc. 299. That when the defendant is brought before a magistrate Magistrate to su. upon an arrest, either with or without warrant, on a charge of having §‘{,§{.‘g,,°§;°,§'($“,j‘,f,°f,*}’1'; committed a crime, the magistrate must immediately inform him of the ¤>•=<>¤¤¤•1- g charge against him and of his right to the aid of counsel before any further proceedings are had. Sec. 300. That he must allow the defendant a reasonable time to Tgme *0 ¤¤¤d. ml send for counsel, and adjourn the examination for that purpose; and °°° mg M °°“"°°" may, upon the request of the defendant, require a peace officer to take a message to such counsel in the precinct, town, or village as the defendant may name. The officer, when required by the magistrate, must take the message without delay. Sm:. 301. That immediately after the appearance of counsel, or if, Exnmimion, when after waiting a reasonable time, none appear, or if the defendant do *'°’”°°°°'l not require counsel, the magistrate must proceed to examine the case. Sec. 302. That the examination must be completed at one session, nxmnmuon, when unless the magistrate, for good can e shown by affidavit, adjourn it ; §’,§’§'},*f}°‘°°’ “‘”°“"" and the adjournment can not be for more than one day at each time, nor more than six days in all, unless by consent or on motion of the defendant. Sec. 303. That if an adjournment be had for any cause, the magis- I 0¤¤¤.|¤¤r¤mu=t ee trate must commit the defendant for examination, or may, in his dis- .ZS‘i,T"§£’.B°b§?f‘”‘”' cretion, discharge him from custody until the close of the examination, upon his giving bail or depositing money in lieu thereof, as provided in this Act, for his appearance at the time to which the examination is adjourned. ‘ Sec. 304. That the commitment for examination is by an indorse- Form of c¤¤¤mnment, signed by the magistrate, on a warrant of arrest, to the following '"°'"` effect: “The within-named A B, having been brought before me under this warrant, is committed for examination to the custody of the officer having him in charge." Sec. 305. That at the examination the magistrate must, in the iirst when witnesses tt place, read to the defendant the statement and aflidavits upon which ""’“"*"“""°"- the warrant of arrest is issued, and if the defendant request it, must subpoena the informant and witnesses so examined, if they be within fifty miles of the place where the magistrate sits, and if they be within such distance he must issue subpoenas for additional witnesses when required by the informant or the defendant. Sec. 306. That the witnesses must be examined in the presence of the Witnesses to be exdefendant, and may be cross-examined in his behalf or against him, ,*§‘,§‘,{,’§,‘},‘},§,‘}_"°”°“°° °‘ Sec. 307. That when the examination of the witnesses on the part of f Drfrlndlgqs ¢<>_¥>; 1¤— the United States is closed, the magistrate must inform the defendant nig?. Zatthxtt °° that it is his right to make a statement in relation to the charge against him; that the statement is designed to enable him, if he sees fit, to answer the charge and explain the facts alleged against him; that he is at liberty to waive making a statement, and that his waiver can not be used against him on the trial. _ Sno, 308. That if the defendant waive his nght to make a statement, nyngqp gg gis fight the magistrate must make a memorandum thereof in the proceedings; " ° " ° °"‘ but the fact of his waiver can not be used against the defendant on the trial. Sno, 309. That if the defendant choose to make a statement, the m{¢g:¤:¤m:;¤¤f¤M~ magistrate must proceed to take it in writing, and must put to the' defendant the following questions only: First. What is your name and age? Second. Where were you born! Third. Where do you reside, and how long have you resided there! Fourth. What is your business or occupation Q