Page:United States Statutes at Large Volume 76A.djvu/603

–507– -507admit the defendant to bail as provided in this title and the Federal Rules of Criminal Procedure. (d) The United States attorney may conduct an investigation and present an information to the district court as provided by sections 4012 and 4013 of this title after a defendant has been discharged by a magistrate's court. § 3802. Committing defendant to district court When a magistrate orders the defendant to be held to answer, after preliminary examination in cases triable in the district court, and the defendant is not admitted to bail or does not give bail, the magistrate shall make out a commitment signed by him with his name and office and deliver it with the defendant to the officer to whom he is committed, or if that officer is not present, to a peace c^cer, who shall deliver the defendant to the proper custody, together with the commitment. § 3803. Form of commitment The commitment must be to the following effect: Magistrate's Court, Town and Subdivision of , The Government of the Canal Zone, to the warden of the jail of An order having been this day made by me, that be held to answer upon a charge of (stating briefly the nature of the offense and giving as near as may be the time when and the place where the same was committed), you are commanded to receive him into your custody and detain him until he is legally discharged. Dated this day of, nineteen § 3804. Material witnesses; bail; commitment (a) On holding the defendant to answer, the magistrate may take from each of the material witnesses examined before him on the part of the Government a written undertaking to the effect that he will appear and testify at the court to which the warrant and other proceedings are to be sent, or that he will forfeit the sum of $100. (b) When a magistrate is satisfied by proof on oath that there is reason to believe that a witness referred to by subsection (a) of this section will not appear and testify unless security is required, he may order the witness to enter into a written undertaking, with sureties, in such sum as the magistrate deems proper, for his appearance as prescribed by subsection (a) of this section. (c) If a witness, required to enter into an undertaking to appear and testify, either with or without sureties, refuses compliance with the order for that purpose, the magistrate shall commit him to jail until he complies or is legally discharged. (d) Upon the failure to appear of a witness who has entered into an undertaking to appear, the undertaking is forfeited in the same manner as undertakings of bail. § 3805. Material witnesses; depositions When it satisfactorily appears by examination, on oath, of the witness or any other person, that the witness is unable to procure sureties, he may be forthwith conditionally examined before the magistrate on behalf of the Government. The examination shall be by question and answer, in the presence of the defendant or after notice to him if on bail, and conducted in the manner provided by sections 42964300 of this title, and the witness shall be thereupon aischarged. The deposition may be used upon the trial under the same conditions as prescribed by section 4301 of this title. This section does not apply to an accomplice in the commission of the offense charged.

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