Page:United States Statutes at Large Volume 76A.djvu/647

–551– -551§ 5035. Commitment to await requisition; bail If from the examination before the judge or magistrate it appears that the person held is the person charged with having committed the crime alleged and, except in cases arising under section 6026 of this title, that he has fled from justice, the judge or magistrate shall, by a warrant reciting the accusation, commit him to jail for such time not exceeding 30 days and specified in the warrant, as will enable the arrest of the accused to be made under a warrant of the Governor on a requisition of the Executive Authority of the State having jurisdiction of the offense, unless the accused gives bail as provided by section 6036 of this title, or until he is legally discharged. § 5036. Bail; in what cases; conditions of bond Unless the offense with which the prisoner is charged is shown to be an offense punishable by death or life imprisonment under the laws of the State in which it was committed, a judge or magistrate in the Canal Zone may admit the person arrested to bail by bond, with sufficient sureties, and in such sum as he deems proper, conditioned for his appearance before him at a time specified in the bond, and for his surrender, to be arrested upon the warrant of the Governor of the Canal Zone. § 5037. Extension of time of commitment; adjournment If the accused is not arrested under warrant of the Governor by the expiration of the time specified in the warrant or bond, a judge or magistrate may discharge him or may recommit him for a further period not to exceed 60 days, or a judge or magistrate may again take bail for his appearance and surrender, as provided by section 6036 of this title, but within a period not to exceed 60 days after the date of the new bond. § 5038. Forfeiture of bail If the prisoner is admitted to bail, and fails to appear and surrender himself according to the conditions of his bond, the judge, or magistrate by proper order, shall declare the bond forfeited and order his immediate arrest without warrant if he is within the Canal Zone. Recovery may be had on the bond as in the case of other bonds given by the accused in criminal proceedings within the Canal Zone. § 5039. Persons under criminal prosecution in Canal Zone at time of requisition If a criminal prosecution has been instituted against the person under the laws applicable in the Canal Zone and is still pending the Governor, in his discretion, may either surrender him on demand of the Executive Authority of a State or hold him until he has been tried and discharged or convicted and punished in the Canal Zone. § 5040. Guilt or innocence of accused, when inquired into The guilt or innocence of the accused as to the crime of which he is charged may not be inquired into by the Governor or in any proceeding after the demand for extradition accompanied by a charge of crime in legal form as above provided has been presented to the Governor, except as it may be involved in identifying the person held as the person charged with the crime. § 5041. Governor may recall warrant or issue alias The Governor may recall his warrant of arrest or may issue another warrant whenever he deems it proper. § 5042. Fugitives from Canal Zone; duty of Governor When the Governor of the Canal Zone demands a person charged with crime, other than an offense against the tjnited States,

�