Page:United States Statutes at Large Volume 76A.djvu/625

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–529–

-529tlie fine, or fine and costs, and after notice to the United States attorney, who may appear, offer evidence, and be heard, the magistrate shall proceed to hear and determine the matter. (b) If on examination it appears to the magistrate that the convict is unable to pay the fine, or fine and costs, and that he has not any property exceeding $20 in value, except such as is by law exempt from being taken on execution for debt, the magistrate shall administer to him the following oath: "1 do solemnly swear that I have not any property, real or personal, exceeding $20, except such as is by law exempt from being taken on civil process for debt; and that I have no property in any way conveyed or concealed, or in any way disposed of, for my future use or benefit. So help me God." Upon taking the oath the convict shall be discharged. (c) If the convict is found by the magistrate to possess property valued at an amount in excess of that exemption, nevertheless, if (he magistrate finds that the retention by the convict of all such property is reasonably necessary for his support or that of his family, the convict shall be discharged without further imprisonment solely for the nonpayment of the fine, or fine and costs; or if he finds that the retention by the convict of any part of the property is reasonably necessary for his support or that of his family, the convict shall tie discharged without further imprisonment solely for nonpayment of the fine, or fine and costs, upon payment on account of his fine, or fine and costs, of that portion of his property in excess of the amount found to be reasonably necessary for his support or that of his family. (d) Upon discharging a convict without further imprisonment solely for nonpayment of a fine, or fine and costs, the magistrate shall file with the penitentiary, prison, or jail in which the convict is confined, a certificate setting forth the facts. § 4375. Mitigation of punishment when act already punished as contempt When it appears at the time of passing sentence upon a person convicted upon an information, that the person has already paid a fine or suffered an imprisonment for the act of which he stands convicted, mider an order adjudging it a contempt, the court authorized to pass sentence may mitigate the punishment to be imposed in its discretion. § 4376. Discharge or detention of defendant after acquittal If judgment of acquittal is given on a verdict, and the defendant is not detained for any other legal cause, he shall be discharged as soou as the judgment is given, except where the acquittal is oecause of a variance between the pleading and proof, which may be obviated by a new information. The court may order his detention, to the end that a new information may be prefen-ed in the same manner and with like effect as provided by law. § 4377. Appeals by Government of the Canal Zone An appeal may be taken by and on behalf of the Government of the Canal Zone from the district court in accordance with section 37B1 of Title 18, United States Code. Subchapter II—Execution Generally § 4411. Furnishing copy of judgment and commitment to officer When a judgment other than death has been pronounced, the clerk shall forthwith furnish a certified copy of the judgment and commitment to the officer whose duty it is to execute the judgment, and no other warrant or authority is necessary to justify or require its execution.