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SEC. 304. The sureties must possess the qualifications, and the bail must be put in, in all respects [hereinbefore] as provided in sections 292 to 296 except that the undertaking must be conditioned as prescribed in section 290 for undertakings of bail on appeal.
SEC. 305. The defendant [at any time after an order admitting him to bail, instead of giving bail, may deposit with the clerk of the court in which he is held to answer, the sum mentioned in the order, and upon delivering to the officer in whose custody he is a certificate of deposit, must be discharged from custody] in a criminal proceeding may make a cash deposit in lieu of a bail bond and a certificate of deposit shall be issued to the defendant in each case by the magistrate or clerk of the district court as the case may be.
SEC. 307. When money has been deposited, if it remains on deposit at the time of a judgment for the payment of a fine, the magistrate or the clerk of the district court [must] under the direction of the court, as the case may be, must apply the money in satisfaction thereof, and after satisfying the fine and costs, must refund the surplus, if any, to the defendant. If the defendant be not found within a period of two years from the date of the judgment, the magistrate or the clerk of the district court, as the case may be, shall turn over such surplus to the collector of the Panama Canal to be accounted for by him in the same manner as fines are accounted for.
SEC. 313. If, by reason of the neglect of the defendant to appear, money deposited instead of bail is forfeited, and the forfeiture is not discharged or remitted, the magistrate or the clerk of the district court, as the case may be, with whom it is deposited must [within twenty days after the same has been forfeited] pay over the same to the [treasurer] collector of the Panama Canal [Zone] in the manner prescribed for the paying over of other funds.
SEC. 315. The court to which the [municipal judge returns the depositions] magistrate commits the defendant, or in which an information or appeal is pending, or to which a judgment on appeal is remitted to be carried into effect, may, by an order entered upon its minutes, direct the arrest of the defendant and his commitment to the officer to whose custody he was committed at the time of giving bail, and his detention until legally discharged, in the following cases:
1. When, by reason of his failure to appear, he has incurred a forfeiture of his bail, or of money deposited instead thereof.
2. When it satisfactorily appears to the court that his bail, or either of them are dead or insufficient, or have removed from the Canal Zone.
[3. Upon an information filed in the cases provided in section 132.]
SEC. 320. When the defendant is admitted to bail, the bail may be taken by any [municipal judge in the circuit having authority in a similar case to admit to bail, upon the holding of the defendant to answer before an information is filed, or by any other municipal judge designated by the court] magistrate.
SEC. 322. The process by which the attendance of a witness before a court or [municipal judge] magistrate is required is a subpoena. It may be signed and
1. A municipal judge] magistrate before whom a complant is made, for witnesses in the Canal Zone, either on behalf of the Government or of the defendant. [2. The prosecuting attorney, for witnesses in support of the prosecution, or for such other witnesses as the court, upon a trial pending before it, may direct.]
[3.] 2. [A] The judge of [any] the district court [may order a subpoena for any witness].
[4. The prosecuting attorney, for witnesses in support of an information to appear before the court in which it is to be tried.]
[5.] 3. The clerk of the district court [in which an information is to be tried, and he must, at any time] upon application of either the district attorney or the defendant [, and without charge, issue subpoenas for witnesses for him].
SEC. 323. A subpoena authorized by the preceding section must be substantially in the following form:
"THE GOVERNMENT OF THE CANAL ZONE
"You are commanded to appear before_(the [circuit] district court or [a municipal judge] the magistrate) of [circuit] (division or subdivision) (or as the case may be) at (naming the place) on (stating the day and hour), as a witness in a criminal action prosecuted by the Government of the Canal Zone. "Given under my hand this day of A. D. 19-· ([municipal judge, prosecuting attorney] magistrate or 'By order of the court, clerk,
or as the case may be).' If books, papers, or documents are required, a direction to the following effect must be contained in the subpoena: 'And you are required also to bring with you the following (describing intelligibly the books, papers, or documents required).?
SEC. 325. When a person attends before a [municipal judge, prosecuting attorney] magistrate or court as a witness in a criminal case, upon a subpoena or in pursuance of an undertaking to testify on behalf of the prosecution, and it appears that he has come from a place [outside of the municipality] more than three miles distant from the place where he is to appear, or that he is poor and unable to pay the expenses of such attendance, the court, in its discretion, if the attendance of the witness be upon a trial, by an order upon its minutes, or in any other case, the judge, at his discretion, by a written order, may direct the clerk of the court to pay the witness a reasonable sum to pay his expenses, which shall be charged against his per diem.
SEC. 328a. The rules for determining the competency of witnesses in civil actions are applicable also to criminal actions and proceedings except as otherwise provided in this code.
SEC. 3286. Neither husband nor wife is a competent witness for or against the other in a criminal action or proceeding to which one or both are parties, except with the consent of both, or in case of criminal actions or proceedings for a crime committed by one against the person or property of the other, or in cases of criminal violence upon one by the other or in cases of criminal actions or proceedings for bigamy, or adultery, or in cases of criminal actions or proceedings brought under provisions of law requiring the husband to furnish proper maintenance and support to wife and minor children and providing for punishment for abandonment of wife or minor children.
SEC. 328c. A defendant in a criminal action or proceeding can not be compelled to be a witness against himself; but if he offers himself as a witness, he may be crossexamined by the counsel for the Government as to all matters about which he was examined in chief. His neglect or refusal to be a witness can not in any manner prejudice him nor be used agains. him on the trial or proceeding.
SEC. 329. When [a] defendant has been held to answer a charge for a public offense [he] either or both defendant and the Government may, either before or after an information [is filed] have witnesses examined [conditionally, on conditionally in his or its behalf, as prescribed in this [chapter, and not otherwise] chapter.
SEC. 330. When a material witness for the defendant, or for the Government, is about to leave the Canal Zone, or is so sick or infirm as to afford reasonable grounds for [apprehending] apprehension that he will be unable to attend the trial, the defendant or the Government may apply for an order that the witness be examined conditionally.
SEC. 331. The application must be made upon affidavit stating:
1. The nature of the offense charged;
2. The state of the proceedings in the action;
3. The name and residence of the witness, and that his testimony is material to the defense or the prosecution of the action.
4. That the witness is about to leave the Canal Zone, or is so sick or infirm as to afford reasonable grounds for apprehending that he will not be able to attend the trial.
The application may be made to the district court or [to a] the judge thereof, and in case of his absence or inability to act may be made to a magistrate, and must be made upon three days' notice to the [prosecuting attorney] opposite party.
SEC. 332. If the court [or] judge or magistrate is satisfied that the examination of the witness is necessary, an order must be made that the witness be examined conditionally, at a specified time and place, and before a magistrate designated therein [and that a copy of the order be served on the prosecuting attorney within a specified time before that fixed for the examination].
SEC. 333. [The order must direct that the examination be taken before a municipal judge named therein, and on proof being furnished to such municipal judge of service upon the prosecuting attorney of a copy of the order, if no counsel appear on the part of the Government, the examination must proceed.] The defendant has the right to be present in person and with counsel at such examination, and if the defendant is in custody, the officer in whose custody he is, must be informed of the time and place of such examination and must take the defendant thereto and keep him in the presence and hearing of the witness during the examination.
SEC. 334. If [the prosecuting attorney or other counsel appear on behalf of the people, and] at the time and place so designated it is shown to the satisfaction of the
[municipal judge by affidavit or other proof, or on examination of the witness] magistrate that [he] the witness is not about to leave the Canal Zone, or is not sick or infirm, or that the application was made to avoid the examination of the witness on the trial, the examination can not take [place, otherwise it must proceed] place.
SEC. 362. The court, unless good cause to the contrary is shown, shall order the prosecution to be dismissed in the following cases:
1. Where a person has been held to answer for a public offense, if an information is not filed against him within [sixty] twenty days thereafter.
SEC. 366. An order for the dismissal of the action, as provided in this chapter, is a bar to any other prosecution for the same offense, if it is a misdemeanor, unless such order is explicitly made for the purpose of amending the complaint in such action, in which instance such order for dismissal of the action shall not act as a bar to a prosecution upon such amended complaint; but [it] an order for the dismissal of the action is not a bar if the offense is a felony.
SEC. 368. The summons must be served at least five days before the day of appearance fixed therein by delivering a copy thereof and showing the original to the president or other head of the corporation, or to the secretary, cashier, or managing agent within [any municipality of] the Canal Zone.
SEC. 379. If the property stolen or embezzled is not claimed by the owner before the expiration of six months from the conviction of a person for stealing or embezzling it, the court [or officer having it in custody must, on the payment of the necessary expenses incurred in its preservation, deliver it to the treasurer of the Canal Zone, by whom it must be] shall order it sold on such terms and under such conditions as the court shall direct [and the proceeds paid into the zone treasury]. The officer making such sale shall return the proceeds into court, whereupon the court shall order the balance of such proceeds, after deducting therefrom the expenses incurred in the preservation and sale of the property, to be delivered to the collector of the Panama Canal to be covered into the Treasury of the United States as miscellaneous receipts.
SEC. 399. Any person who has been committed on a criminal charge may be brought before [a] the district judge on a writ of habeas corpus [if the writ issues out of the proper court].
SEC. 413a. During the absence of the district judge, the powers conferred upon said judge and the jurisdiction conferred upon the district court by this chapter may be exercised by a magistrate or a magistrate's court: Provided, however, That the magistrate herein referred to must be one other than one who has committed the party to jail. In the event the magistrate or magistrate's court denies the writ, the proceedings may be begun and proceeded with de novo before the district judge or district court upon the return of the district judge.
SEC. 427. When the property is delivered to a [municipal judge] court, judge, or magistrate, he must, if it was stolen or embezzled, dispose of it as provided in sections 376 to 381, inclusive. If it was taken on a warrant issued on the grounds stated in the second and third subdivisions of section 415, he must retain it in his possession, subject to the order of the court to which he is required to return the proceedings before him, or of any other court in which the offense in respect to which the property taken is triable.
SEC. 447. In case in any penal institution there should not be sufficient room for the prisoners confined therein, or, in the cases of women prisoners or of prisoners under eighteen years of age, if the governor determines that the public welfare will best be subserved by their imprisonment elsewhere than at Gamboa, they shall be transferred to such penal institutions within the Canal Zone as the governor may designate. This transfer, however, will not aggravate or affect in any way the condition of the prisoners, who will serve in accordance with the penalty to which they have been sentenced.
TO PROVIDE A NEW CODE OF CIVIL PROCEDURE FOR THE CANAL ZONE AND TO REPEAL THE EXISTING CODE OF CIVIL PROCEDURE
FEBRUARY 23, 1931.-Referred to the House Calendar and ordered to be printed
Mr. DENISON, from the Committee on Interstate and Foreign Commerce, submitted the following
[To accompany H. R. 16557]
The Committee on Interstate and Foreign Commerce, to whom was referred the bill (H. R. 16557) to provide a new Code of Civil Procedure for the Canal Zone and to repeal the existing Code of Civil Procedure, having considered and amended the same, report thereon with a recommendation that it pass.
The following amendments are approved by the committee: Page 163, line 13, strike out the word "their" and insert in lieu thereof the word "the".
The bill has the approval of the President and Secretary of War, as will appear by the letters attached, as follows:
WAR DEPARTMENT, Washington, December 22, 1930.
Hon. JAMES S. PARKER,
Chairman Committee on Interstate and Foreign Commerce,
DEAR MR. PARKER: The receipt is acknowledged of your letter of December 8, 1930, inclosing and requesting a report and comment upon bill H. R. 14069, entitled "A bill to provide a new Civil Code for the Canal Zone and to repeal the existing Civil Code," which was introduced by Mr. Denison.
Tais is one of the proposals made for the revision of the laws of the Canal Zone recommended by me in a letter to the President dated June 5, 1930, and, in conformity with the provisions of the Act of May 17, 1928 (45 Stat. 596), entitled "An act to revise and codify the laws of the Canal Zone," forwarded by him to the Congress with his message of June 9, 1930.
The message and report submitted therewith were printed as House Document No. 460, Seventy-first Congress, second session. The reason for the recommendation for the enactment of a new Civil Code for the Canal Zone is that the Civil Code now in force is the Civil Code of Panama. A statement of the scope and source of the text of the new code is set forth on pages 43 and 44 of House Document No. 460.
A reading of the printed bill discloses a number of typographical errors, which are listed on the attached statement and incorporated in a copy of the bill which is returned herewith.