Page:United States Statutes at Large Volume 47 Part 1.djvu/921

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72d C ONGRESS . SESS. II. CH. 110. FEBRU ARY 21, 1933 .

897 the district court, shall be construed to continue so as to require the defendant to appear and answer the information filed in the district court and to at all times render himself amenable to the orders and process of the court, and if convicted to appear for judgment and render himsel f in e xecuti on the reof ." SEC. 92. That section 302 ,of the Code of Criminal Procedure for the Canal Zone is hereby amended to read as follows " SEC. 302 . After the filing of an information, the court in which amount inc rea sin g, bail When th e char ge is pendin g, may fix, or, up on good cause shown , eith er Information Sled . increase or reduce the amount of bail . If the amount be increased, the court may order the defendant to be committed to actual custody, unless he give bail in such increased amount . If application be made by the defendant for a ' reduction of the amount, notice of the application must be served on the district attorney ." SEC . 93. That section 304 of the Code of Criminal Procedure for the Canal Zone is hereby amended to read as follows :

Additional re quire- "SEC. 304 . The sureties must possess the qualifications, and the menu. bail must be put in, in all respects as provided in sections 292 to 296 except that the undertaking must be conditioned as prescribed in section 2 90 for un dertaking s of bail on appea l . " SEC. 94. That section 305 of the Code of Criminal Procedure for the Canal Zone is hereby amended to read as follows :

Cash deposit in lieu " SEC . 305. The defendant in a criminal proceeding may make a of ball bond. cash deposit in lieu of a bail bond and a certificate of deposit shall be issued to the defendant in each case by the magistrate or clerk of the district court as the case may be ." SEo. 95 . That section 307 of the Code of Criminal Procedure for the Canal Zone is hereby amended to read as follows

Application of, in " SEC. 3 07 . When money has been deposited, if it remains on sausfaetfon or f i ne . deposit at the time of a Judgment for the payment of a fine, the magistrat e, or the clerk of the dist rict cour t under t he direct ion of the court, as the case may be, must apply the money in satisfaction Refund or deposit of thereof, and after satisfing the fine and costs, must refund the balance. surplus, if any, to the defendant . If the defendant be not found within a period of two years from the date of the judgment, the magistrate or the clerk of the district court, as the case may be, shall turn over such surplus to the collector of the Panama Canal to be accounted for by him in the same manner as fines are accounted for ." SEC . 96 . That section 313 of the Code of Criminal Procedure for the Canal Zone is hereby amended to read as follows :

Forfeiture of deposit " SEC. 313 . If by reason of the neglect of the defendant to appear, on failure to appear . t money deposited instead of bail is forfeited, and the forfeiture is not discharged or remitted the , magist rate, or the clerk of the d istrict court, as the case may be, with whom it is deposited must pay over he same to the collector of the Panama C anal in the manner prescribed for the paying over of other funds ." SEC . 97. That section 315 of the Code of Criminal Procedure for the Canal Zone is hereby amended to read as follows :

Recommitme nt ofde- "SEC. 315. The court to which the magistrate commits the defend- fendant af ter ball given . ant, or in which an information or appeal is pending, or to which a judgment on appeal is remitted to be carried into effect, may, by an order entered upon its minutes, direct the arrest of the defendant and his commitment to the officer to whose custody he was com- mitted at the time of giving bail, and his detention until legally discharged, in the following cases :

in what cases bad . "1 . When, by reason of his failure to appear, he has incurred a forfeitu re of his bail, or of money deposit ed instea d thereof . 8051 ° -83--57