Page:United States Statutes at Large Volume 47 Part 1.djvu/922

 898 72d C ONGRESS. SESS. II. CH. 110. FEBRUARY. 21, 1933 . "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 ." SEC. 98. That section 320 of the Code of Criminal Procedure for the Canal Zone is hereby amended to read as follows "SEc. 320 . When the defendant is admitted to bail, the bail may be taken by an y magi strate ." SEC. 99 . That section 322 of the Code of Criminal Procedure for "Subpoena" defined. the Canal Zone is hereby amended to read as follows : "SEc. 322. The process by which the attendance of a witness before a court or magistrate is required ,is a subpoena . It may be Who may si gn and signed and issued by Issue. " 1 . A magistrate before whom a complaint is made, for witnesses in the Canal Zone, either on behalf of the Government or of the defendant. "2. The judge of the district court . " 3. The clerk of the distr ict court upon app lication of either the district attorney or the defendant. " 4. A magistrate or the clerk of the district court must, at any time and without charge, issue subpoenas for witnesses for the defendant upon his request ." SEc. 100 . That section 323 of the Code of Criminal Procedure for Form of the Canal Zone is her eby am ended to rea d as fo llows "SEc . 323. A subpoena authorized by the preceding section must be sub stanti ally i n the follow ing fo rm " `The government of the C anal Zone " You a re com manded to ap pear b efore (the di strict court or th e magistrate) of (division or subdivision) (or as the case may be) at (naming the place) on (stating the day and hour), as a wit- ness in a criminal action prosecuted by the government of the Canal Zone. "`Given under my hand this day of A.D.19 . (Mag- istrate, 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. 101. That section 325 of the Code of Criminal Procedure for witness , expenses. the Canal Zone is hereby amended to read as follows : . "SEc. 325 . When a person attends before a 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 more than three miles distant from the place where he is to appear, or that he is poor and unable to pay the expens es of such atten dance, the court, in its discret ion, if the atte nd- anc e of the witness b e 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 expe nses, whi ch shall be charge d against his per diem . SEc. 102. That the Code of Criminal Procedure for the Canal Zone is hereby amended by inserting therein, following section 328, a new Ru les to deter mine section numbered 328a, to read as follows : competency of wit. " SEc. 328a . The rules for determining the competency of witnesses nesses. in civil actions are applicable also to criminal actions and proceedings except as otherwise provided in this code ." SEc. 103 . That the Code of Criminal Procedure for the Canal Zone is hereby am ended by inserting therein, followin g section 328a, a new section numbered 328b, to read as follows