Page:United States Statutes at Large Volume 76A.djvu/631
-535Subchapter I—General Provisions § 4551. Admission to bail defined; authority to admit to bail (a) Admission to bail is the order by a competent court judge or magistrate that the defendant be discharged from actual custody upon bail. (b) In the case of an offense punishable by death, admission to bail before conviction in the exercise of discretion as provided by Kule 46(a)(1) of the Federal Kules of Criminal Procedure may be by the magistrate or district judge before whom the proceeding is pending, or by a judge who has power to issue a writ of habeas corpus. § 4552. Taking of bail defined; excessive bail The taking of bail consists in the acceptance by a competent court of the undertaking of sufficient bail for the appearance of the defendant, according to the terms of the undertaking, or that the bail will pay to the Government of the Canal Zone a specified sum. Excessive bail may not be required in any case. § 4553. Notice to United States attorney when bail discretionary When the admission to bail is a matter of discretion the court or officer to whom the application is made shall require reasonable notice thereof to be given to the United States attorney. § 4554. Time and terms of admission to bail A defendant may be admitted to bail before conviction: (1) for his appearance before a magistrate for trial or for preliminary examination in cases triable in the district court; (2) to appear in the district court to which the magistrate is required to return the complaint, upon the defendant being held to answer after preliminary examination; or (3) after the information is filed either before a bench warrant is issued for his arrest, or upon an order of the court committing him, or enlarging the amount of bail, or upon his being surrendered by his bail to answer the information in the court m which it is found or to which it may be transferred for trial. § 4555. Qualifications of sureties (a) The qualifications of sureties, other than corporate sureties, are as follows: (1) each of them must be a resident of the Canal Zone; and (2) each must be worth the amount specified in the undertaking, exclusive of property exempt from execution; but the court or judge, on taking bail, may allow more than two sureties to justify severally in amounts less than that expressed in the undertaking, if the whole justification is equivalent to that of sufficient bail. (b) Corporate sureties are governed by sections 432 and 433 of Title 3. § 4556. Bail upon being held to answer before information (a) When a defendant has been held to answer upon a preliminary examination for a public offense, the admission to bail may be by the magistrate by whom he is so held, or by any judge who has power to issue the writ of habeas corpus. The power of the magistrate to admit to bail extends to the time of filing of an information, and the magistrate may increase or reduce the amount of the bail in the manner provided by section 4558 of this title. (b) Upon the allowance of bail and the execution of the undertaking, the magistrate or judge shall, if the defendant is in custody, make and sign an order for his discharge, upon the delivery of which to the proper officer the defendant shall be discharged.