Page:United States Statutes at Large Volume 47 Part 1.djvu/905

 72d C ONGRESS. SESS. II. CH. 110 . FEB RU ARY 21, 1933 . 881 part of the Government, who is unable to gi ve security for his ap peara nce, has b een t aken condi tiona lly 'in the lik e man ner in the presence of the defendant, who has 2 either in person or by counsel, cross-examined or had an opportunity to cross-examine the witness, the deposition of such witness may be read, upon its being satisfac- torily shown to the court that he is dead or insane, or can not with due diligence be found within the Canal Zone ; and except also that in the case of of fense s her eafte r com mitte d the test imony on b ehalf of the Government or the defendant of a witness deceased, insane, out of jurisdiction, or who can not, with due diligence, be found wi thin the C anal Zone, give n on a for mer t rial of the act ion in the presence of the defendant who h as, either in person or by counsel, cross-examined or had an opportunity to cross-examine the witness, may be admit ted. " SEC . 6. That section 12 of the code of Criminal Procedure for the Ca nal Z one is her eby a mende d to read as fo llows : " SEC. 12. The magistrates and the district attorney shall have i~Warrants, power to power to issue warrants for the arrest of persons charged with public offenses ." SEC. 7. T hat s ectio n 14 of the Cod e of Crimi nal P roced ure for the Ca nal Z one is her eby a mende d to read as fo llows " SEC. 14. One mag istra te may con duct the p rocee dings of the ma g- istrate of the other subdivision upon inability to act, sickness, or any other cause. In such cases the proper entry of the proceedings of su ch ma gistr ate so act ing s hall be ma de in the docke t of the m agis- trate for whom he so acts ." SEC. 7a. That section 18 of the Code of Criminal Procedure for the Ca nal Z one is hereby amended to rea d as fo llo ws " SEC. 18. Before a magistrate shall issue a warrant in any case, a comp lain t by af- c ompla int m ust be mad e by affid avit of the com plain ing w itnes s, davitbefore issue of witness, charging therein the offense committed, and such affidavit m ust be signed by said complaining witness ." SEC. 8. That secti on 19 of the Co de of Crim inal Proce dure for the Ca nal Z one is her eby a mende d to read as fo llows " SEC. 19. Every affidavit shall contain as particularly as can be contents. done the nature of the offense charged and the particulars as to the ti me, p lace, pers on, and pr opert y, so as to ena ble the de fenda nt to u nders tand the n ature and chara cter of su ch of fense ." SEC. 9. T hat s ectio n 20 of the Cod e of Crimi nal P roced ure for the Canal Zon e is hereby ame nd ed to re ad as follows " SEC. 20. After a complaint has been made charging that an offense arr a of war rant of has be en committed against the laws of the Canal Zone, and the magistrate before whom such complaint was made is satisfied that the complaint charges an offense, he shall forthwith issue a warrant of arrest for the offending party, directed to any pe ace officer, co m- ma nding the said peace offi cer to for thwit h arr est the of fende r and bring him before the sai d magistrate ." SEC. 11. That the Code of Criminal Procedure for the Canal Zone be amended by inserting therein, following section 21, a new section nu mbere d 21a, to read as fo llows " SEC. 21a. The warrant must specify the name of the defendant, Contents of warrant. or, if it is unk nown to the mag istra te, the de fenda nt may be desig - nated th ere in by any name. It mus t als o sta te the tim e of issui ng it, and the place whe re it is issued, and be signed by the magistrate, w ith his na me and off ice. The warrant must be dir ec ted to and Execution oL executed by a peace officer ." 3051 °-33-50