Page:United States Statutes at Large Volume 76A.djvu/619

–523– -523§ 4233. Service of subpoena (a) A subpoena shall be served as provided by Rule 17(d) of the Federal Rules of Criminal Procedure. (b) A peace officer shall serve a subpoena delivered to him for service, either on the part of the Government or of the defendant, and shall, without delay, make a written return of the service, subscribed by him, stating the time and place of service. § 4234. Tendering fees and mileage (a) Notwithstanding Rule 17(d) of the Federal Rules of Criminal Procedure, fees and mileage need not be tendered to the witness upon service of a subpoena issued on behalf of the Government of the Canal Zone. (b) When a person attends before a court or magistrate as a witness in a criminal action, 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 expenses of his attendance, the court or magistrate, in its or his discretion, by an order upon the minutes if the attendance of the witness is upon a trial and by a written order in any other case, may direct the payment to the witness of a reasonable sum to pay his expenses, which sum shall be charged against his per diem. § 4235. Place of service; subpoena for taking deposition / (a) In criminal actions originally triable in the district court, a subpoena requiring the attendance of a witness at a hearing or trial may be served at any place within the United States. (b) I n criminal actions triable in a magistrate's court, and in trials in the district court on appeal from a magistrate's court, a subpoena requiring the attendance of a witness at a hearing or trial may be served at any place within the Canal Zone. (c) Notwithstanding Rule 17(f)(2) of the Federal Rules of Criminal Procedure, a subpoena for a deposition to be taken in the Canal Zone may be served, and attendance of the witness may be required, anywhere within the Canal Zone. § 4236. Civil liability for disobedience A witness disobeying a subpoena in a criminal action issued on the part of the defendant, unless he shows good cause for his nonattendance, is liable to the defendant in the sum of $100, which may be recovered in a civil action. § 4237. Summoning witnesses for trial in magistrate's court (a) When 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 magistrate shall forthwith issue subpoenas for them to testify in the cause. The subpoenas shall state the day, hour and place of trial. (b) Rule 17(b) of the Federal Rules of Criminal Procedure applies to the issuance of subpoenas by a magistrate's court at the request of an indigent defendant, and the payment of costs and fees therefor. (c) When a day is set for trial by the magistrate, the witnesses for the prosecution shall immediately be summoned. Subpoenas being issued and served upon them, they shall appear before the magistrate where the trial is to take place. § 4238. Prisoner as witness (a) When the testimony of a material witness for the Government or the defendant is required before a court in a criminal action and the witness is a prisoner in the penitentiary, or in jail, an order for his

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