Page:United States Statutes at Large Volume 76A.djvu/597

–501– -501§ 3574. Finding on charge of previous conviction When the fact of a previous conviction of another offense is charged in an information, the court or jury, if it finds a verdict of guilty of the offense with which he is charged, shall also, unless the answer of the defendant admits the charge, find whether or not he has suffered the previous conviction. The verdict of the jury or finding of the court upon a charge of a previous conviction may be: "The charge of previous conviction is true," or "The charge of previous conviction is not true." C H A P T E R 203—SECURITY TO K E E P THE P E A C E Sec. 3611. 3612. 3613. 3614. 3615. 3616. 3617. 3618. 3619. 3620. 3621. 3622. 3623.

Complaint before magistrate of threatened offense. Examination of informer and witnesses. Warrant of arrest. Taking of testimony. Discharge of person complained of. Requiring security to keep the peace. Effect of giving or failing to give security. Discharge after commitment. Approval and filing of undertaking. Assault or threat in presence of magistrate. Breach of undertaking. Action upon the undertaking. Security to keep peace not otherwise required.

§ 3611. Complaint before magistrate of threatened offense A complaint may be laid before a magistrate that a person has threatened to commit an offense against the person or property of another. § 3612. Examination of informer and witnesses When the complaint is laid before the magistrate he shall: (1) examine under oath the informer and any witness he may produce; (2) take their depositions in writing and cause them to be subscribed by the parties making them; and (3) examine all other proofs that may be presented. § 3613. W a r r a n t of a r r e s t If it appears that there is justx^reason to fear the commission of the offense threatened by the person ^o informed against, the magistrate shall issue a warrant directed to any constable or policeman, reciting the substance of the complaint and commanding the officer forthwith to arrest the person informed of and bring him before the magistrate. § 3614. Taking of testimony When the person informed against is brought before the magistrate and the charge is controverted, the magistrate shall take testimony m relation thereto. The evidence shall he reduced to writing and subscribed by the witnesses. § 3615. Discharge of person complained of If it appears that there is no just reason to fear the commission of the offense alleged to have been threatened, the person complained of shall be discharged and the complaining witness shall pay the costs. § 3616. Requiring security to keep the peace If there is just reason to fear the commission of the offense, the person complained of may be required to enter into an undertaking in a sum fixed by the magistrate, not exceeding $1,000, with one or more sufficient sureties, to keep the peace toward the Government of the Canal Zone and particularly toward the informer. The undertaking shall be valid and binding for six months and may upon the

�