Page:United States Statutes at Large Volume 76A.djvu/620

–524– -524temporary removal from the penitentiary or jail, and for his production before the court, may be made by the court in which the action is pending, or by the judge thereof. The order may only be made upon the affidavit of the United States attorney or other person on behalf of the Government, or of the defendant or his counsel, showing that the testimony is material and necessary. (b) The order shall be directed to the warden of the penitentiary or the keeper of the jail in which the prisoner is confined and the warden or keeper or their designees shall bring the prisoner before the proper court and safely keep him, and when he is no longer required as a witness, return him to the penitentiary or jail. The expense of executing the order shall be paid from the funds of the Canal Zone Government. (c) When the testimony of a material witness who is a prisoner is required in an investigation being conducted by the United States attorney, an order may be made pursuant to this section by the district judge or, in his absence, by a magistrate. Subchapter IV—Depositions Article A—Depositions Generally § 4271. Depositions on motion of defendant (a) Except as provided by this section, Rule 15 of the Federal Rules of Criminal Procedure, relating to depositions, applies to criminal actions in the district court and the magistrates' courts. (b) An order to take a deposition may be made at any time after the filing of a complaint. Prior to the filing of the information in an action triable in the district court, or prior to the filing of the complaint on appeal in the district court in an action triable in a magistrate's court, the order shall be made by a magistrate. After the filing of the information or complaint in the district court, the order shall be made by the district court. (c) In addition to the provisions of Rule 15 (e) of the Federal Rules of Criminal Procedure, a deposition taken under Rule 15 may be used in the Canal Zone at a trial or upon any hearing if it appears that the witness is out of the Canal Zone, unless it appears that the absence of the witness was procured by the party offering the deposition. Article B—Examination of Witness Conditionally

§ 4291. Right to have witnesses examined conditionally At any time after the preliminary examination in an action triable in the district court, or after the defendant's arrest in an action triable in a magistrate's court, either or both the defendant and the Government may have witnesses examined conditionally in his or its behalf, as prescribed by sections 4291^301 of this title. § 4292. Grounds for examination When a material witness for the defendant, or for the Government, is about to leave the Canal Zone, or is so sick or infirm as to afford reasonable grounds for apprehension that he will be unable to attend the trial, the defendant or the Government may apply for an order that the witness be examined conditionally. § 4293. For m of application for order The application for conditional examination shall be made upon affidavit stating: (1) the nature of the offense charged; (2) the state of the proceedings in the action;

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