Section 7. That whenever a warrant
shall be issued by a ot mmissiouer or
other Judicial officer having Jurisdiction
lor the arrest of any person charged
with a criminal offense, such warrant ac
companied by the affidavit on which the
same was issued, shall be returnable bo
fore some Judicial named officer in sec
tion 1014 of th* revised statutes residing
in the county of the arrest, or, if there
be no such judicial officer in that county
before some such Judicial officer residing
in another county nearest to the place of
arrest. And the Judicial officer, before
whom the warrant is made returnable, ns
herein provided, shall have exclusive
authority to make the preliminary exam
ination of every person arrested ns afore
said. and to discharge him, admit him to
ball, or commit him to prison, as the case
may require; provided that this section
shall not apply fo the Indian territory.
Section 8. That the circuit courts of
the United States and the district courts
or judges thereof, exercising circuit
court powers, and the district courts of
tks territories are anthorzed to appoint
in differen parts of the several districts
in which said courts are held, as many
discreet persons to be commissioners of
th* circuit courts as may be deemed nec
essary. And raid courts, or the Judges
thereof, shall have authority to remove
a. pleasure any commissioners heretofore
or hereafter appointed in Raid districts.
