Page:United States Statutes at Large Volume 47 Part 1.djvu/907

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72d C ONGRESS . SESS . II. CH. 110 . F EBRUAR Y 21, 1933 .

883 SEC. 17. That section 26 of the Code of Criminal Procedure for the Canal Zone is hereby amended to read as follows " SEC. 26. A private person who has arrested another for the Arrests by private commiss ion of an of fense must w ithout unnece ssary delay, take the pe1Sens' person arrested before a magistrate or deliver him to a peace officer ." SEC . 18. That section 30 of the Code of Criminal Procedure for the Canal Zone is hereby amended to read as follows : " SEC. 30. If the offense charged is bailable and the defendant is anE ~miision of defend- arrested in another division or subdivision, the officer must, upon being required by the defendant, take him before the magistrate in that subdivision who may admit the defendant to bail to answer before the magistrate issuing the warrant within a reasonable time ." SEC . 19. That section 32 of the Code of Criminal Procedure for the Canal Zone is hereby amended to read as follows : " SEC. 32. If, on the admission of the defendant to bail, the bail for en bail not given is not forthwith given, the officer must take the defendant before the magistrate who issued the warrant or to whom it is made returnable ." SEC. 20. That section 33 of the Code of Criminal Procedure for the Canal Zoile'is hereby amended to read as follows : " SEC . 33 . When a magistrate order`s the defendant to be held to Commitment, when answer, after preliminary investigation in cases triable in the district de~feedant held to court, he mus t make out a commi tment signed by him , with his n ame 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 officer, who must deliver the defendant to the proper custody, together with the commitment ." SEC . 21 . That section 40 of the Code of Criminal Procedure for the Canal Zone is hereby amended to read as follows : " SEC . 40 . Any attorney at law entitled to practice in the courts counsel of person of the Canal Zone may, at the request of a prisoner, after his arrest, under a rrest . visit the person so arrested ." SEC . 22. That section 41 of the Code of Criminal Procedure for the Canal Zone is hereby amended to read as follows " SEC . 41 . Whenever any person is charged, other than by informa- before Preliminary earing tion direct, with an offense not triable before the magistrate, the said magistrate shall hold a preliminary hearing, and if the magis- trate be satisfied that the offense has been committed, and there exists when probable cause probable cause that the defendant has committed the same, he shall established . remand the defendant to jail, or admit him to bail, as the case may be, for his appearance before the district court to answer said charge . If there be no evidence that an offense has been committed, or no probable cause showing the defendant's connection therewith, he shall be discharged ." SEC. 23. That section 44 of the Code of Criminal Procedure for the Ca nal Zo ne is hereby amend ed to read as follo ws " SEC. 44 . An appeal from the judgment of a magistrate's court Appeals. may be taken by the defendant by giving notice in open court of his Notice in open courtL intention so to do at the time the judgment is rendered . Upon the perfection of such an appeal the magistrate shall forthwith transmit Perfect ion of . the warrant and the complaint to the clerk of the district court ." SEC . 24 . That section 50 of the Code of Criminal Procedure for the Canal Zone is hereby amended to read as follows " SEC. 50. When a judgment is rendered against a defendant that faucoo P 0 t ffdo. he pay a fine and the cost of said proceeding, should he fail to do so at once, the magistrate shall commit him to jail, to be confined one day for each $1 fine and costs remaining unpaid : Provided, however, Pod-o. That such i mpriso nment shall not ex ceed th irty d ays in any c ase ." Period limite d .