Page:United States Statutes at Large Volume 47 Part 1.djvu/906

 882 72d CONGRESS. SESS. II. CH. 110. FEBRUARY 21, 1933 . SEC. 12. That the Co de of Crimin al Pro cedure for th e Cana l Zone is hereby amended by inserting therein, following section 21a, a new section numbered 21b, to read as follows Pea ce officers ; wbo "SEC. 21b. The following are peace officers : The marshal and dep- ar e. uty marshals of the Canal Zone, constables of the magistrate courts,, and all officers and members of the police force of the Canal Zone ." SEc. 13 . That section 22 of the Code of Criminal Procedure for the Canal Zone is hereby amended to read as follows Admission to bail . " SEC . 22. In the event tha t the off ense char ged again st the pe rson be triable in the magistrate's court, the defendant may be admitted to bail upon executing a bond in a sum to be fixed by the magistrate Bond . not exceeding $500 . Such bond shall be in favor of the' Government of the Canal Zone' upon c onditi on tha t the d efenda nt sha ll be and appear before said magistrate at a certain date therein mentioned ; said bond shall be signed by the defendant and two or more good and sufficient sureties . The date of the appearance shall not be later than three days from the signing of the bond . Should the defend- ant fail to enter into such bond, the said magistrate shall commit him to jail awaiting trial ." SEc. 14. That section 23 of the Code of Criminal Procedure for the Canal Zone is hereby amended to read as follows s~f as. "SEc . 23. Whenever a person arrested charged with an offense cognizable by a magistrate is placed on trial, he shall give the names of his witnesses, if he has any, and their places of abode ; and the magistrat e shall f orthwith issue sub poenas fo r the sam e to test ify in said cause . The subpoenas shall state the day, hour, and place of trial ." SEC. 15. That section 24 of the Code of Criminal Procedure for the Canal Zone is hereby amended to read as follows : Pleadings of defend- tc ant . SEC. 24. When a defendant is put upon trial in a magistrate's court, the magistrate shall read the complaint to the defendant, whereupon the defendant may plead to the same, which plea shall be `gu ilty' or `not guilty'. Should the defendant refuse to answer or plead to the same, the magistrate shall enter a plea of not guilty. Should the defendant plead guilty, the magistrate shall, after hearing testi mony t o dete rmine the gr avity o f the offens e, wit hin twenty-four hours thereafter render his decision as to the amount of punishment to be inflicted ." SEc. 16 . That sect ion 25 of the Code of Crimi nal Proc edure for the Canal Zone is hereby amended to read as follows Proceedings if pl ea "SEc. 25 . After having heard the charge, if the defendant plead . not g uilty. " ` not guilty', the proceedings shall be as follows : "First. The witnesses for the prosecution shall be examined under oath. The oath shall be as follows : `You do solemnly swear before Almighty God that you will tell the truth, the whole truth, and nothing but the truth, in the matter now pending, before me .' Examination of wit- " Second . The wit nesses fo r the def endant, i ncluding the defen dant nesses . himself if he wishes to testify, shall be examined under oath ; if the defendant does not testify, that fact can not be used against him . Rebuttal . " Third. Witne sses f or the prose cution may b e calle d to t estify in rebuttal only of testimony given by the defendant or his witnesses. Consideration of evi- " Fourth . The court shall then consider the evidence, and within deuce. twenty-four hours thereafter render his decision . The trial must be had and a decision rendered in the presence of the defendant . When a decisi on is in fav or of the de fendant by ac quitti ng him of the charge, lie shall be at once released . Should the deci sion be t hat the defen dant is g uilty, th e court s hall, wit hin the t ime limit, fine or commit the defendant to jail, or both, as the case may be ."