Page:United States Statutes at Large Volume 47 Part 1.djvu/924

 900 72d C ONGRESS. SESS. II. CH. 110 . FEB RU ARY 21, 1933, 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 e xamina tion, When conditions on SEC. 110, That section 3is4 of the Code of Criminal Procedure for which or der f or e xami- nation based do not the Canal Zone is hereby amended to read as follows exist. "SEC . 334. If, at the time and place so designated= it is shown to the satisfaction of the magistrate that the witness is not about to leave the Canal Zone or is not sick or infirm, or that the application Dismissal of actions . was made to avoid tie examination of the witness on the trial, the examin ation can no t take place ." Information not filed SEC. 111. That the word " sixty" in subsection 1 of section 362 of within 20 days, etc. the Code of Criminal Procedure for the Canal Zone is hereby amended to read "twenty ." SEc. 112. T hat se ction 366 of the C ode of Crimi nal Pro cedure for the Canal Zone is hereby amended to read as follows ba O ttubaw~a plea "SEc . 366. An order for the dismissal of the action, as provided e0 ation for game in this chapter, is a bar to any other prosecution for the same offense, offense . if it is a misdemeanor unless such order is explicitly made for the purpose of amending tile complaint in such action, in which instance such order for dismissal of the action shall not act as a bar to a Ifotenseafelony, prosecution upon such amended complaint ; but an order for the dismissal of the action is not a bar if the offense is a felony ." SEc. 113. That section 368 of the Code of Criminal Procedure for the Canal Zone is hereby amended to read as follows Servioeofsummons. "SEo . 368 . The summons must be served at least five days before the day of ap pearan ce fix ed the rein, by deli vering a cop y ther eof and showing the original to the president or other head of the corporation or to the secretary, cashier, or managing agent within the Canal Zone ." SEc. 114. That section 379 of the Code of Criminal Procedure for the Canal Zone is hereby amended to read as follows stoe n ef property unclaimed " & a. 379 . If the property stolen or embezzled is not claimed by after conviction of de- the owner before the expiration of six months from the conviction of fendant . a person for steal ing or em bezzling it, the c ourt shal l order i t sold on such terms and under such conditions as the court shall direct . The officer making such sale shall return the proceeds into court, whereupon the court shall order the balance of such proceeds, after deducti ng the refrom the e xpense s incu rred in the p reserv ation and sale of the property, to be delivered to the collector of the Panama Canal to be covered into the Treasury of the Unit ed S tates as miscellan eous rece ipts ." SEC. 115 . That section 399 of the Code of Criminal Procedure for the Canal Zone is hereby amended to read as follows : Pus. Writ of beh ove cor- " S E c . 399 . Any person who has been committed on a criminal charge may be brought before the district judge on a writ of habeas corpus." SEC. 116. The Code of Criminal Procedure for the Canal Zone is hereby amende d by i nserti ng the rein, followi ng sec tion 4 13, a new section numbered 413a, to read as follows anrfadiction, etc ., °f "SEC, 413a. During the absence of the district judge, the powers of edge to in abs ence conferred upon said judge and the jurisdiction conferred upon the district court by this chapter may be exercised by a magiatrate or a R fictions. magistrate's court : Provided, however, That the magistr a -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