Page:United States Statutes at Large Volume 47 Part 1.djvu/920

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896

72d C ONGRESS . SESS. II. CH . 110. FEBRUARY 21, 1933 . by his bail, to answer the information in the court in which it is found or to which it may b e transfe rred for trial . "An d aft er c onvic tion, and upon appe al- Upon appeal . "4. If the appeal is from a judgment imposing a fine only, on the undertaking of bail that he will pay the same, or such part of it as the appellate court may direct, if the judgment is armed or modified, or the a ppeal is dismissed . "5 . If judgment of imprisonment has been given, that .he will surre nder himse lf i n exe cutio n of the judgm ent, upon its being affirmed or modified, or that in case the Judgment be reversed and the cause be remanded for a new trial, that he will appear in the court to which said cause may be remanded, and submit himself to the orders and process thereof ." SEC . 88-A . That the Code of Criminal Procedure for the Canal Zone is hereby amended by adding after section 291 thereof a section Deposit of bo nd, reading as follows wben arrest in misde- 11 SEO. 291a . When an arrest is made, either with or without a meanor case• warrant, in a misdemeanor case triable in a magistrate's court, and for any reason the officer making the arrest is unable to take the offende r fort hwith before a mag istrat e, he m ay tak e such offen der forthwi th to the ne arest police stati on and the of ficer in cha rge thereof may accept bond, or a cash deposit in lieu thereof, in a sum not exceeding $500, to secure the appearance of the offender before the magistrate having jurisdiction of the case, and the offender shall then be released from custody, and the bond, or cash deposit in lieu thereof, shall be delivered to the magistrate having jurisdiction of the case, and a receipt for such bond or deposit shall be given to such Dis itionoimoney officer by said magistrate. de ti ..

"When a money deposit is made in lieu of bail bond the deposit Vi1, p. 897 .

shall be held and disposed of in accordance with the provisions of sections 305, 306, 307, 310, and 311 ." SEC . 89 . That section 293 of the Code of Criminal Procedure for the Canal Zone is hereby amended to read as follows : Form of undertaking " SEC. 293. Bail upon being held to answer after a preliminary when held to answer after preliminary hear- investigation is a written undertaking, executed by two sufficient suretie s (wit h or w ithout the d efenda nt, in the di screti on of the court o r magi strate ), and ackno wledge d befor e the court or mag is- trate in 'substant ially the followin g form G1 `An order having been made on the day of A. D. 19-, by (as the officer ma y be), that be held to answer upon a charge of (s tating brief ly the nature of th e offe nse) u pon which he has been admitted to bail in the sum of dollars ; we, and of (stating their place of residence and o ccupa tion) , he reby under take that the above -nam ed , will appear and answer any information growing out of the charge above m ention ed, in whate ver co urt it may be prose cuted, and w ill at all times hold himself amenable to the order and process of the court, an d if conv icted, wi ll appear for judg ment, and render h imself in execution thereof ; or, if he fails to perform either of these condi- tions, that we will pay to the Government of the Canal Zone, the sum of dollars (inserting the sum in which the defendant is QuaiiBcationsoisure- admitted to bail) ."', tie s.

SEC . 90. That subdivision 1 of section 294 of the Code of Criminal Resi den ce .

Procedure for the Canal Zone is hereby amended to read as follows : 11 1 . Each of them must be a resident of the Canal Zone ." SEC . 91 . That sectio n 297 of the Code of Cri minal P rocedu re for the Canal Zone is hereby amended to read as follows Continuance of ball " SEC. 297 . The bail fixed by a magistrate under sections 292 to trio appearance in dis- 296 upon hold ing the defendant to answer for an offense triable in