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Code · STATUTES-AT-LARGE · Vol. 47 STAT. · Public Law 366

Public Law 366.

27,729 words·~126 min read·/statutes-at-large/vol-47/public-law-366·

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(/us/pl/72/365).] *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, * That section 1 ofCriminal Code of the Canal Zone. the Penal Code of the Canal Zone is hereby amended to read as follows: " “Section 1. That this Act shall hereafter be known as the ‘Criminal Code of the Canal Zone.’ ” " Sec. 2. That section 4 of the Penal Code of the Canal Zone isSections repealed. hereby repealed. Sec. 3. That section 6 of the Penal Code of the Canal Zone is hereby repealed.
Sec. 4. That section 14 of the Penal Code is hereby amended to read as follows: " “Sec. 14. As to all offenses included in this code, a felony is a“Felony” and “misdemeanor” defined. crime which is punishable with death or by imprisonment in the penitentiary. Every other crime is a misdemeanor. When a crime punishable by imprisonment in the penitentiary is also punishable by fine or imprisonment in jail, in the discretion of the court, it shall be deemed a misdemeanor for all purposes after a judgment imposing a punishment other than imprisonment in the penitentiary.
“As to all offenses against the general laws of the United States applicable to the Canal Zone, a felony is a crime which may be punished by death or imprisonment for a term exceeding one year, and all other such offenses shall be- deemed misdemeanors.” " Sec. 5. That section 15 of the Penal Code is hereby amended to read as follows: " “Sec. 15. Except in cases where a different punishment is prescribedPunishment for. by law, every offense declared to be a felony is punishable by imprisonment in the penitentiary not exceeding five years or by a fine not exceeding $5,000 or by both such fine and imprisonment.
” " Sec. 6. That section 16 of the Penal Code of the Canal Zone is hereby amended to read as follows: " “Sec. 16. Except in cases where a different punishment is prescribed by law, every offense declared to be a misdemeanor is punishable by imprisonment in jail not exceeding thirty days or by a fine not exceeding $100, or by both.” " Sec. 7. That section 20 of the Penal Code of the Canal Zone is hereby repealed. Sec. 8. That Title II of the Penal Code of the Canal Zone is hereby amended by inserting therein after section 23 a new section numbered 23a to read as follows:860 " “Sec. 23a.
Probation after conviction in trial court. Any trial court of the Canal Zone, in exercise of its jurisdiction of criminal actions, when it shall appear to the satisfaction of the court that the ends of justice and the best interests of the public, as well as the defendant, will be subserved thereby, shall have power, after conviction or after a plea of guilty for any crime or offense not punishable by death or life imprisonment, to suspend the imposition or execution of sentence and to place the defendant upon probation for such period and upon such terms and conditions as Discretionary revocation by court.the court deems best; or the court may impose a fine and may also place the defendant upon probation in the manner aforesaid.
The court may revoke or modify any condition of probation, or may Period of probation.change the period of probation. The period of probation, together with any extension thereof, shall not exceed five years in the district court, or one year in a magistrate court. Payments by defendant during probationary status."While on probation the defendant may be required to pay in one or several sums a fine imposed at the time of being placed on probation and may also be required to make restitution or reparation Restitution for loss, etc.to the aggrieved party or parties for actual damages or loss caused by the offense for which conviction was had, and may also be required to provide for the support of any person or persons for whose support he is legally responsible.
” " Sec. 9. That section 26 of the Penal Code of the Canal Zone is hereby amended to read as follows: " “Sec. 26. Confinement after sentence of imprisonment. A sentence of imprisonment in jail, when imposed, may be executed by confinement in any jail of the Canal Zone.” " Sec. 10. That section 29 of the Penal Code of the Canal Zone is hereby amended to read as follows: " “Sec. 29. Determination of period. Whenever any person is declared punishable for a crime by imprisonment in the penitentiary for a term not less than any specified number of years, and no limit of the duration of such imprisonment is declared, the court authorized to pronounce judgment upon such conviction may, in its discretion, sentence such offender to imprisonment for any number of years not less than that prescribed.
” " Sec. 11. Persons liable to prosecution, etc. That subdivision 2 of section 34 of the Penal Code of the Canal Zone is hereby amended to read as follows: " “2. All who commit any offense without the Canal Zone which, if committed within the Canal Zone, would be larceny, robbery, or embezzlement under the laws of the Canal Zone, and bring the property stolen or embezzled, or any part of it, or are found with it, or any part of it, within the Canal Zone.” " Sec. 12. Consideration of intoxication by jury when intent, etc., essential element.
That section 37 of the Penal Code is hereby amended by adding, after the word “court” in sentence two, the words “or jury.” Sec. 13. That Title III of the Penal Code of the Canal Zone is hereby amended by inserting therein after section 43 a new section numbered 43a to read as follows: " “Sec. 43a. Postal penal laws, etc., of United States extended to Canal Zone. The Postal Laws and Regulations of the United States, not locally inapplicable, which define crimes against the Postal Service, and prescribe punishments therefor, are hereby extended to the Canal Zone and shall be enforceable in the courts of the Canal Zone in the manner and form prescribed for other criminal cases by the Canal Zone laws.
” " Sec. 14. Conviction of attempt to commit crime. That the word “intent” in section 44 of the Penal Code is hereby amended to read “attempt.” Sec. 15. That section 49 of the Penal Code of the Canal Zone is hereby amended to read as follows: " “Sec. 49. Right of self defense. The right of self-defense in no case extends to the infliction of more harm than is necessary for the purpose of defense.”861 " Sec. 16. That the word “magistrate” in sections 58, 59, and 60“Magistrate,” use of word.Vol. 37, p. 564. shall hereafter be deemed to refer to the magistrates authorized by section 7 of the Panama Canal Act, approved August 24, 1912, as amended.
Sec. 16a. That Title VIII of the Penal Code of the Canal Zone is hereby amended by inserting therein, preceding section 75, a new section numbered 74a, to read, as follows: " “Sec. 74a. The words ‘executive office’ as used in this title shall“Executive office,” “executive officer” construed. be construed to mean such offices as are occupied and administered by the Governor of the Panama Canal and the heads of the various departments or divisions of the Panama Canal and the Panama Railroad Company, and the words ‘executive officer’ to mean the Governor of the Panama Canal and the heads of the various departments or divisions of the Panama Canal and the Panama Railroad Company.
” " Sec. 17. That section 79 of the Penal Code of the Canal Zone is hereby amended to read as follows: " “Sec. 79. Every executive or ministerial officer who knowinglyReceiving, etc., unauthorized rewards by officials a felony. asks or receives any emolument, gratuity or reward, or any promise thereof, excepting such as may be authorized by law, for doing any official act, is guilty of a felony.” " Sec. 17a. That section 80 of the Penal Code of the Canal Zone is hereby amended to read as follows:
" “Sec. 80. No officer or agent of any corporation, joint-stock company,Interested persons prohibited to act as government agents. or association, and no member or agent of any firm, or person directly or indirectly interested in the pecuniary profits or contracts of such corporation, joint-stock company, association, or firm, shall be employed or shall act as an officer or agent of the United States, the Panama Canal, or the Panama Railroad Company, for the transaction of business with such corporation, joint-stock company, association, or firm.
Whoever shall violate the provisions of this sectionPunishment for violations. shall be fined not more than $2,000 and imprisoned in the penitentiary not more than two years.” " Sec. 18. That section 83 of the Penal Code of the Canal Zone is hereby amended to read as follows: " “Sec. 83. Every public officer who, for any gratuity, or reward,Appointments to public office for gratuity a felony. appoints another person to a public office, or permits another person to exercise or discharge any of the duties of his office, is guilty of a felony, and in addition thereto forfeits his office, and is foreverForfeiture of office. disqualified from holding any office in the Government of the Canal Zone.
” " Sec. 19. That section 89, section 90, section 91, section 92, andRepeal of obsolete sections.Crimes against legislative power. section 93 of the Penal Code of the Canal Zone, defining under Title IX crimes against the legislative power, are hereby repealed. Sec. 20. That section 94 of the Penal Code of the Canal Zone is hereby amended to read as follows: " “Sec. 94. Every person who gives or offers to give a bribe to anyBribing judicial officers. judicial officer, juror, referee, arbitrator, or umpire, or to any person who may be authorized by law to hear or determine any question or controversy, with intent to influence his vote, opinion, or decision upon any matter or question which is brought before him for a decision, is punishable by imprisonment in the penitentiary not morePunishment for. than ten years.
” " Sec. 21. That section 95 of the Penal Code of the Canal Zone is hereby amended to read as follows: " “Sec. 95. Every judicial officer, juror, referee, arbitrator, orPunishment of judicial officer receiving, etc., bribe. umpire, and every person authorized by law to hear or determine any question or controversy, who asks, receives, or agrees to receive, any bribe, upon any agreement or understanding that his vote, 862opinion, or decision upon any matter or question which is or may be brought before him for decision, shall be influenced thereby, is punishable by imprisonment in the penitentiary not more than ten years.
” " Sec. 22. That section 96 of the Penal Code of the Canal Zone is hereby amended to read as follows: " “Sec. 96. Receiving unauthorized reward, etc., by judicial officer a felony. Every judicial officer who asks or receives any emolument, gratuity, or reward, or any promise thereof, except such as may be authorized by law, for doing an official act, is guilty of a felony.” " Sec. 23. That section 98 of the Penal Code of the Canal Zone is hereby amended to read as follows: " “Sec. 98.
Attempts to influence jurors. Every person who corruptly attempts to influence a juror, or any person summoned or drawn as a juror, or chosen as an arbitrator, or umpire, or appointed a referee, in respect to his verdict in, or decision of any cause, or proceeding, pending, or about to be brought before him, either: “1. By means of any communication, oral or written, had with him except in the regular course of proceedings; “2. By means of any book, paper, or instrument exhibited, otherwise than in the regular course of proceedings;
“3. By means of any threat, intimidation, persuasion, or entreaty; or, “4. By means of any promise, or assurance of any pecuniary or other advantage; Punishment for.“Is punishable by a fine not exceeding $5,000, or by imprisonment in the penitentiary not exceeding five years.” " Sec. 24. That section 99 of the Penal Code of the Canal Zone is hereby amended to read as follows: " “Sec. 99. Corrupt conduct of judicial officers and jurors. Every juror, or person drawn or summoned as a juror, or chosen arbitrator or umpire, or appointed referee, who either:
“1. Makes any promise or agreement to give a verdict or decision for or against any party; or, “2. Willfully and corruptly permits any communication to be made to him, or receives any book, paper, instrument, or information relating to any cause or matter pending before him, except according Punishment for.to the regular course of proceedings, is punishable by fine not exceeding $5,000, or by imprisonment in the penitentiary not exceeding five years.” " Sec. 25. That section 102 of the Penal Code of the Canal Zone is hereby amended to read as follows:
" “Sec. 102. Punishment of persons not referred to. Every person, not an officer referred to in the preceding section, who is guilty of any of the acts specified in that section, is punishable by imprisonment either in the penitentiary not exceeding five years, or in jail not exceeding one year, or by a fine not exceeding $1,000, or both such fine and imprisonment.” " Sec. 26. That Chapter II of Title X of the Penal Code of the Canal Zone is hereby amended by inserting therein after section 103 a new section numbered 103a to read as follows:
" “Sec. 103a. Adding names, etc., to jury lists a felony. Every person who adds any names to the list of persons selected to serve as jurors, either by placing the same in the jury-box, or otherwise, or extracts any name therefrom, or destroys the jury-box or any of the pieces of paper containing the names of jurors, or mutilates or defaces such names so that the same can not be read, or changes such names on the pieces of paper, except in cases allowed by law, is guilty of a felony.
” " Sec. 27. That Chapter II of Title X of the Penal Code of the Canal Zone is hereby amended by inserting therein after section 103a a new section numbered 103b, to read as follows:863 " “Sec. 103b. Every officer or person required by law to certify toFalsifying jury lists, etc. the list of persons selected as jurors who maliciously, corruptly, or willfully certifies to a false or incorrect list, or a list containing other names than those selected, or who, being required by law to write down the names placed on the certified lists on separate pieces of paper, does not write down and place in the jury box the same names that are on the certified list, and no more and no less than are on such list, is guilty of a felony.
” " Sec. 28. That Chapter III of Title X of the Penal Code of the Canal Zone is hereby amended by inserting therein after section 104 a new section numbered 104a to read as follows: " “Sec. 104a. Any person who, in any affidavit taken before anyPerjury.False affidavits. person authorized to administer oaths, swears, affirms, declares, deposes, or certifies that he will testify, declare, depose, or certify before any competent tribunal, officer, or person, in any case then pending or thereafter to be instituted, in any particular manner, or to any particular fact, and in such affidavit willfully and contrary to such oath states as true any material matter which he knows to be false, is guilty of perjury.
In any prosecution under this section,Subsequent testimony of affiant to determine. the subsequent testimony of such person, in any action involving the matters in such affidavit contained, which is contrary to any of the matters in such affidavit contained, shall be prima facie evidence that the matters in such affidavit were false.” " Sec. 29. That section 110 of the Penal Code of the Canal Zone is hereby amended to read as follows: " “Sec. 110. Perjury is punishable by imprisonment in the penitentiaryPunishment for. for a term not exceeding ten years.
” " Sec. 30. That section 113 of the Penal Code of the Canal Zone is hereby amended to read as follows: " “Sec. 113. Every person who practices any fraud or deceit, orFalsifying evidence to deceive witness a felony. knowingly makes or exhibits any false statement, representation, token, or writing, to any witness, or person about to be called as a witness upon any trial, proceeding, inquiry, or investigation whatever, authorized by law, with intent to affect the testimony of such witness, is guilty of a felony.
” " Sec. 31. That section 115 of the Penal Code of the Canal Zone is hereby amended to read as follows: " “Sec. 115. Every person who, knowing that any book, paper,Destroying evidence. record, instrument in writing or other matter or thing, is about to be produced in evidence upon any trial, inquiry, or investigation whatever authorized by law, willfully destroys or conceals the same, with intent thereby to prevent it from being produced, is guilty of a felony.” " Sec. 32. That section 116 of the Penal Code of the Canal Zone is hereby amended to read as follows:
" “Sec. 116. Every person who willfully prevents or dissuades anyPreventing, etc., attendance of witness. person who is or may become a witness from attending upon any trial, proceeding or inquiry, authorized by law, is guilty of a felony.” " Sec. 33. That section 122 of the Penal Code of the Canal Zone is hereby amended to read as follows: " “Sec. 122. Every officer, warden or jailer, or guard who is guiltyInhuman treatment of prisoner. of willful inhumanity toward any prisoner under his care or in his custody, is punishable by imprisonment in jail not exceeding one year, or by a fine not exceeding $2,000, or by both such fine and imprisonment, and by removal from office.
” " Sec. 34. That section 123 of the Penal Code of the Canal Zone is hereby amended to read as follows:864 " “Sec. 123. Resisting public officer in discharge of duty. Every person who willfully resists, delays, or obstructs any public officer in the discharge, or attempt to discharge any duty of his office, when no other punishment is prescribed, is punishable by fine not exceeding $5,000, or imprisonment in jail not exceeding one year, or by both such fine and imprisonment.” " Sec. 35.
That section 124 of the Penal Code of the Canal Zone is hereby amended to read as follows: " “Sec. 124. Assaults, etc., by public officer. Every public officer who, under color of authority, without lawful necessity, assaults, wrongs, oppresses, or beats any person, is guilty of a felony.” " Sec. 36. That section 127 of the Penal Code of the Canal Zone is hereby amended to read as follows: " “Sec. 127. Removal of property by debtor in fraud of creditors. Every debtor who fraudulently removes his property or effects beyond the jurisdiction of the courts, or fraudulently sells, conveys, assigns, or conceals his property, with intent to defraud, hinder, or delay his creditors of their rights, claims, or demands, is Punishment for.punishable by imprisonment in the penitentiary not exceeding one year, or by a fine not exceeding $5,000, or by both.
” " Sec. 37. That section 131 of the Penal Code of the Canal Zone is hereby amended to read as follows: " “Sec. 131. Contempt of court. A person guilty of misbehavior in the presence of or so near a court, judge, or magistrate as to obstruct the administration of justice, including the refusal of a person present in court to be sworn as a witness or to answer as a witness when lawfully Punishment for.required, shall be guilty of contempt, which the court may punish summarily, by imprisonment in jail not exceeding ten days, or by fine not exceeding $100, or by both such fine and imprisonment.
” " Sec. 38. That the Penal Code of the Canal Zone is hereby amended by inserting section 131a, to read as follows: " “Sec. 131a. Offenses punishable as contempt of court. A person guilty of any of the following acts may be punished as for contempt: “1. Disobedience of or resistance to a lawful writ, process, order, judgment, or command of the district or a magistrate’s court, or injunction granted by the district court or judge; “2. Misbehavior of an officer of a court in the performance of his official duties, or in his official transactions;
“3. A failure to obey a subpoena duly served; “4. The rescue, or attempted rescue, of a person or property in the custody of an officer by virtue of an order or process of a court held by him.” " Sec. 39. That the Penal Code of the Canal Zone is hereby amended by inserting section 131b, to read as follows: " “Sec. 131b. Determination of guilt. The court shall determine whether the accused is guilty of contempt, and, if he be adjudged guilty, he may be fined not Violation of injunction.exceeding $100, or imprisoned not more than ten days, or both.
If the contempt consists in the violation of an injunction, the person guilty of such contempt may also be ordered to make complete restitution to the party injured by such violation.” " Sec. 40. That section 132 of the Penal Code of the Canal Zone is hereby amended to read as follows: " “Sec. 132. False certificates by public officer. Every public officer authorized by law to make or give any certificate or other writing, who makes and delivers as true any such certificate or writing containing statements which he knows to be false, is guilty of a felony.
” " Sec. 41. That section 133 of the Penal Code of the Canal Zone is hereby amended to read as follows: " “Sec. 133. Disclosing fact that presentment, etc., made. Every district attorney, clerk, judge, or other officer, who, except by issuing or in executing a warrant of arrest, willfully discloses the facts of a presentment or information having been made 865for a felony, until the defendant has been arrested, is guilty of a felony.” " Sec. 42. That section 135 of the Penal Code of the Canal Zone is hereby amended to read as follows:
" “Sec. 135. Every captain, master of a vessel, or other person, whoImporting foreign convicts. willfully imports, brings, or sends, or causes or procures to be brought or sent into the Canal Zone, any person who is a foreign convict of any crime which, if committed within the Canal Zone, would be punishable as a felony, or who is delivered or sent to him from any prison or place of confinement in any place without the Canal Zone, is guilty of a felony, and every person so landing shall also be guilty of a felony.
” " Sec. 43. That section 136 of the Penal Code of the Canal Zone isPunishment for attempting to rescue prisoner. hereby amended by adding after the word “imprisonment,” in subsection 3 thereof, the words “in the penitentiary.” Sec. 44. That section 137 of the Penal Code of the Canal Zone is hereby amended to read as follows: " “Sec. 137. Every person who willfully injures or destroys, or takesDestroying, etc., property held under process of law. or attempts to take, or assists any person in taking or attempting to take, from the custody of any officer or person, any personal property which such officer or person has in charge under any process of law, is guilty of a felony.
” " Sec. 45. That Chapter V of Title X of the Penal Code of the Canal Zone is hereby amended by inserting therein after section 141 a new section numbered 141a to read as follows: " “Sec. 141a. Any person who willfully assists any person legallyAssisting escape of person legally confined in hospital. confined in a hospital of the Government of the Canal Zone to escape, or in an attempt to escape therefrom, is guilty of a misdemeanor.” " Sec. 46. That section 142 of the Penal Code of the Canal Zone is hereby amended to read as follows:
" “Sec. 142. Every officer or person to whom a writ of habeas corpusHabeas corpus.Refusal to obey, a felony. may be directed who, after service thereof, neglects or refuses to obey the command thereof, is guilty of a felony.” " Sec. 47. That section 143 of the Penal Code of the Canal Zone is hereby amended to read as follows: " “Sec. 143. Every person who, either solely or as a member of aReconfining person discharged upon. court, knowingly and unlawfully recommits, imprisons, or restrains of his liberty, for the same cause, any person who has been discharged upon a writ of habeas corpus, is guilty of a felony.
” " Sec. 48. That section 144 of the Penal Code of the Canal Zone is hereby amended to read as follows: " “Sec. 144. Every person having in his custody, or under hisConcealing persons entitled to benefits of. restraint or power, any person for whose relief a writ of habeas corpus has been issued, who, with intent to elude the service of such writ, or to avoid the effect thereof, transfers such person to the custody of another, or places him under the power or control of another, or conceals or changes the place of confinement or restraint, or removes him without the jurisdiction of the court or judge issuing the writ, is guilty of a felony.
” " Sec. 49. That chapter 5 of Title X of the Penal Code of the Canal Zone is hereby amended by adding thereto the following sections: " “145a. Every attorney who, whether as attorney or as counselor,Attorneys. either— “1. Is guilty of any deceit or collusion, or consents or any party;11 So in original.Misconduct of. or “2. Willfully delays his client’s suit with a view to his own gain; or866 “3. Willfully receives any money or allowance for or on account of any money which he has not laid out or to any deceit or collusion, with intent to deceive the court become answerable for, is guilty of a felony.
“145b. Buying evidence of debt, etc., by. Every attorney who, either directly or indirectly, buys or is interested in buying any evidence of debt or thing in action, with intent to bring suit thereon, is guilty of a misdemeanor. “145c. Who may advertise as attorney. Any person other than one regularly admitted to the bar of the district court of the Canal Zone who advertises or represents himself as practicing or entitled to practice law in any court of the Canal Zone, other than for himself, is guilty of a misdemeanor.
” " Sec. 50. That section 148 of the Penal Code of the Canal Zone is hereby amended to read as follows: " “Sec. 148. Murder.Degrees of. Murder which is perpetrated by means of poison, lying in wait, torture, or by other willful, deliberate, or premeditated act or acts, or which is committed in the perpetration or attempt to perpetrate arson, rape, robbery, burglary or mayhem, is murder of the first degree, and all other kinds of murders are of the second degree.” " Sec. 50a. That section 162 of the Penal Code of the Canal Zone is hereby amended to read as follows:
" “Sec. 162. Kidnapping. Kidnapping is punishable by imprisonment in the penitentiary not more than fifty years.” " Sec. 50b. That section 163 of the Penal Code of the Canal Zone is hereby amended to read as follows: " “Sec. 163. Child stealing.Punishment for. Every person who maliciously, forcibly or fraudulently takes or entices away any child under the age of twelve years, with intent to detain and conceal such child from its parent, guardian, or other person having the lawful charge of such child, is punishable by imprisonment in the penitentiary for not more than fifty years.
” " Sec. 50c . That section 164 of the Penal Code of the Canal Zone is hereby amended to read as follows: " “Sec. 164. Attempts to kill.Administering poisons. Every person who, with intent to kill, administers, or causes or procures to be administered to another, any poison or other noxious or destructive substance or liquid, but by which death is not caused, is punishable by imprisonment in the penitentiary not more than twenty years.” " Sec. 50d. That section 165 of the Penal Code of the Canal Zone is hereby amended to read as follows:
" “Sec. 165. Assaults. Every person who assaults another with intent to commit murder is punishable by imprisonment in the penitentiary not more than twenty years.” " Sec. 50e. That section 166 of the Penal Code of the Canal Zone is hereby amended to read as follows: " “Sec. 166. Train wrecking. Every person who shall unlawfully throw out a switch, remove a rail, or place any obstruction on any railroad, tramway, or electric railway, with the intent of derailing any passenger, freight, or other car, or who shall unlawfully board any passenger train with intent of robbing the same, or who shall unlawfully place any dynamite or any other explosive material or any obstruction on the track of any railroad, tramway, or electric railway, with the intent of blowing up or derailing any passenger, freight, or other car, or who shall unlawfully set fire to any railroad, tramway, or electric railway, Punishment for.bridge or trestle, over which any passenger, freight or other car must pass, with intent of wrecking said car, upon conviction thereof shall be adjudged guilty of a felony, and shall be punishable by imprisonment in the penitentiary for not more than forty years.
” " Sec. 51. That section 167 of the Penal Code of the Canal Zone is hereby amended to read as follows:867 " “Sec. 167. Every physician who, in a state of intoxication, doesPhysicians.Liability when intoxicated. any act as such physician to another person by which the life of such other person is endangered, is guilty of a felony.” " Sec. 51a. That section 168 of the Penal Code of the Canal Zone is hereby amended to read as follows: " “Sec. 168. Poisoning of food, medicine, etc.
Every person who willfully mingles any poison with any food, drink, or medicine, with intent that the same shall be taken by any human being, to his injury, and every person who willfully poisons any spring, well, or reservoir of water, is punishable by imprisonment in the penitentiary for a term not more than twenty years.” " Sec. 51b. That section 169 of the Penal Code of the Canal Zone is hereby amended to read as follows: " “Sec. 169. Every person who assaults another with intent to commitAssault with Intent to commit rape, etc. rape, the infamous crime against nature, mayhem, robbery or grand larcency, is punishable by imprisonment in the penitentiary not more than fourteen years.
” " Sec. 51c . That section 182 of the Penal Code of the Canal Zone is hereby amended to read as follows: " “Sec. 182. Every person who willfully and maliciously places orAssault with disfiguring acids, chemicals, etc. throws, or causes to be placed or thrown, upon the person of another any vitriol, corrosive acid, or caustic chemical of any nature with the intent to injure the flesh or disfigure the body of such person is punishable by imprisonment in the penitentiary not more than fourteen years.
” " Sec. 52. That section 188 of the Penal Code of the Canal Zone is hereby amended to read as follows: " “Sec. 188. False imprisonment is punishable by fine not exceedingFalse imprisonment. $5,000, or by imprisonment in the penitentiary not more than one year, or both.” " Sec. 53. That section 190 of the Penal Code of the Canal Zone is hereby amended to read as follows: " “Sec. 190. Every person who willfully and with a malicious intentLibel. to injure another publishes or procures to be published any libel is punishable by a fine not exceeding $5,000, or imprisonment in the penitentiary not exceeding one year.
” " Sec. 54. That section 192 of the Penal Code of the Canal Zone is hereby amended to read as follows: " “Sec. 192. In all criminal prosecutions for libel the truth may beTruth as defense in evidence. given in evidence to the jury, and if it appears to the jury that the matter charged as libelous is true and was published with good motives and for justifiable ends the party shall be acquitted.” " Sec. 55. That section 198 of the Penal Code of the Canal Zone is hereby amended to read as follows:
" “Sec. 198. Every person who threatens another to publish a libelThreatening to publish libel. concerning him, or any parent, husband, wife, or child of such person or member of his family, and every person who offers to prevent theOffering to prevent publication, with intent to extort money. publication of any libel upon another person, with intent to extort any money or other valuable consideration from any person, is guilty of a felony.” " Sec. 56. That section 204 of the Penal Code of the Canal Zone is hereby amended to read as follows:
" “Sec. 204. Rape is punishable by imprisonment in the penitentiaryRape.Punishment for. not more than fifty years, except where the offense is under subdivision one of section 201 of the Penal Code, in which case the punishment shall be either by imprisonment in jail for not more than one year or in the penitentiary for not more than fifty years, and in such case the jury shall recommend by their verdict whether the 868punishment shall be by imprisonment in jail or in the penitentiary; provided that when the defendant pleads guilty of an offense under subdivision one of section 201 of the Penal Code the punishment shall be in the discretion of the trial court, either by imprisonment in jail for not more than one year or in the penitentiary for not more than fifty years.
” " Sec. 56a. That section 205 of the Penal Code of the Canal Zone is hereby amended to read as follows: " “Sec. 205. Abduction of women. Every person who takes any woman unlawfully, against her will, and by force, menace, or duress, compels her to marry him, or to marry any other person, or to be defiled, is punishable by imprisonment in the penitentiary not more than fourteen years.” " Sec. 56b. That section 211 of the Penal Code of the Canal Zone is hereby amended to read as follows:
" “Sec. 211. Administering drugs, etc., with intent to procure miscarriage. Every person who provides, supplies, or administers to any pregnant woman, or procures any such woman to take any medicine, drug or substance, or uses or employs any instrument or other means whatever, with intent thereby to procure the miscarriage of such woman, unless the same is necessary to preserve her life, is punishable by imprisonment in the penitentiary not more than five years.” " Sec. 56c .
That section 212 of the Penal Code of the Canal Zone is hereby amended to read as follows: " “Sec. 212. Attempting to produce miscarriage. Every woman who solicits of any person any medicine, drug, or substance whatever, and takes the same, or who submits to any operation, or to the use of any means whatever, with intent thereby to procure a miscarriage, unless the same is necessary to preserve her life, is punishable by imprisonment in the penitentiary not more than five years.
” " Sec. 56d. That section 218 of the Penal Code of the Canal Zone is hereby amended to read as follows: " “Sec. 218. Bigamy. Bigamy is punishable as a felony.” " Sec. 57. That section 220 of the Penal Code of the Canal Zone is hereby amended to read as follows: " “Sec. 220. Incest.Punishment for. Persons being within the degrees of consanguinity within which marriages are declared by this section to be incestuous, who intermarry with each other, or who commit fornication or adultery with each other, are punishable by imprisonment in the “Incest” defined.penitentiary not exceeding ten years.
Marriages between parents and children, ancestors and descendants of every degree, and between brothers and sisters of the half as well as the whole blood, and between uncles and nieces, or aunts and nephews, are incestuous, whether the relationship is legitimate or illegitimate.” " Sec. 58. Sections repealed.Solemnizing marriages forbidden by law; making false return. That section 221 and section 222 of the Penal Code of the Canal Zone are hereby repealed. Sec. 59. That chapter V of title XII of the Penal Code of the Canal Zone is hereby amended by inserting therein after section 223 a new section numbered 223a to read as follows:
" “Sec. 223a. Crimes against children. Any person who shall willfully and lewdly commit any lewd or lascivious act other than the acts constituting other crimes provided for in this code upon or with the body, or any part or member thereof, of a child under the age of thirteen years, with the intent of arousing, appealing to, or gratifying the lust or passions or sexual Punishment for.desires of such person or of such child, shall be guilty of a felony and shall be imprisoned in the penitentiary for a term not exceeding ten years.
” " Sec. 60. That section 227 of the Penal Code of the Canal Zone is hereby amended to read as follows:869 " “Sec. 227. Every person who shall bury or inter, or cause to beInterments in other than designated cemetery. buried or interred, the dead body of any human being, or any human remains, in any place other than in a cemetery or place of burial now existing under the laws of the Canal Zone, and in which interments have been made or that is now or may hereafter be established or organized, except with the permission of the Governor of the Panama Canal, shall be guilty of a misdemeanor.
” " Sec. 61. That section 229 of the Penal Code of the Canal Zone is hereby amended to read as follows: " “Sec. 229. Every person who is authorized or enjoined to arrestObscene books, writings.Seizure of. any person for a violation of subdivision 3 of the preceding section is equally authorized and enjoined to seize any obscene or indecent writing, paper, book, picture, print, or figure found in possession or under the control of the person so arrested, and to deliver the same to the magistrate before whom the person so arrested is required to be taken.
” " Sec. 62. That section 230 of the Penal Code of the Canal Zone is hereby amended to read as follows: " “Sec. 230. The magistrate to whom any obscene or indecentDelivery to district attorney. writing, paper, book, picture, print, or figure is delivered, pursuant to the foregoing section, must, upon the examination of the accused, or if the examination is delayed or prevented, without awaiting such examination, determine the character of such writing, paper, book, picture, print, or figure, and if he finds it to be obscene or indecent, he must deliver one copy to the district attorney.
” " Sec. 63. That section 235 of the Penal Code of the Canal Zone is hereby amended to read as follows: " “Sec. 235. Whoever, through invitation or device, prevails uponPrevailing upon person to visit place kept for prostitution. any person to visit any room, building, or other places kept for the purposes of prostitution, is guilty of a misdemeanor; and upon conviction thereof shall be imprisoned in jail not exceeding six months, or fined not exceeding $500, or be punished by both such fine and imprisonment.
” " Sec. 64. That sections 236 to 241, inclusive, of the Penal CodeSection repealed.Pawnbrokers. of the Canal Zone, are hereby repealed. Sec. 65. That section 243 of the Penal Code of the Canal Zone is hereby amended to read as follows: " “Sec. 243. Every member of a partnership who commits anyFraud upon other partnership members. fraud upon the other members in the affairs of the partnership is punishable by imprisonment in the penitentiary for not more than one year.” " Sec. 66.
That section 244 of the Penal Code of the Canal Zone is hereby amended to read as follows: " “Sec. 244. Every person guilty of any harsh, cruel, or unkindCruel treatment of lunatics, etc. treatment of, or any neglect of duty toward any idiot, lunatic, or insane person, is guilty of a felony.” " Sec. 67. That section 245 of the Penal Code of the Canal Zone is hereby amended to read as follows: " “Sec. 245. Every person who makes, issues, or puts in circulationMaking, etc., fictitious bills, etc. any bill, check, ticket, certificate, promissory note, or the paper of any bank, to circulate as money, except as authorized by the laws of the United States or the Canal Zone, is guilty of a felony.
” " Sec. 67a. That section 248 of the Penal Code of the Canal Zone is hereby amended to read as follows: " “Sec. 248. Mismanagement of steam boiler. Every person having charge of any steam boiler or steam engine, or other apparatus for generating or employing steam used in any manufactory, or on any railroad, or in any vessel, or in any kind of mechanical work, who willfully or from ignorance or neglect, creates, or allows to be created, such an undue quantity of 870steam as to burst or break the boiler, engine, or apparatus, or to cause any other accident whereby the death of a human being is produced, is punishable by imprisonment in the penitentiary for not more than ten years.
” " Sec. 67b. That section 250 of the Penal Code of the Canal Zone is hereby amended to read as follows: " “Sec. 250. Collision on railroads.Punishment for negligently causing. Every conductor, engineer, brakeman, switchman, or other person having charge, wholly or in part, of any railroad car, locomotive, or train, which is used as a common carrier, who willfully or negligently suffers or causes the same to collide with another car, locomotive, or train, or with any other object or thing whereby the death of a human being is produced, is punishable by imprisonment in the penitentiary not more than ten years.
” " Sec. 68. That Title XIII of the Penal Code of the Canal Zone is hereby amended by inserting therein after section 250, a new section numbered 250a to read as follows: " “Sec. 250a. Collision of vehicles.Duties of drivers. Whenever an automobile, motor cycle, or other motor vehicle, or any vehicle whatsoever, regardless of the power by which the same may be propelled or drawn, strikes any person, or collides with any vehicle containing a person, the driver of, and all persons in, such automobile, motor cycle, or other motor vehicle, or other vehicle, who have or assume authority over such driver, shall immediately cause such automobile, motor cycle, or other motor vehicle, or other vehicle, to stop and shall render to the person struck, or to the occupants of the vehicle collided with, all necessary assistance including the carrying of such person or occupant to a physician or surgeon for medical or surgical treatment, if such treatment be required, or if such carrying is requested by the person struck or the occupant of the vehicle struck; and such driver, and person having or assuming authority over such driver, shall either remain at the scene of the accident until the arrival of the police authorities, or shall communicate without delay to the nearest police authorities a full report of the accident.
Punishment for violation.“Any person violating any of the provisions of this section is punishable by imprisonment in the penitentiary not exceeding five years or in jail not exceeding one year, or by fine not exceeding $5,000, or by both such fine and imprisonment.” " Sec. 69. That Title XIII of the Penal Code of the Canal Zone is hereby amended by inserting therein after section 250a a new section numbered 250b to read as follows: " “Sec. 250b. Driving motor vehicle while intoxicated Any person operating or driving an automobile, motorcycle or other motor vehicle who becomes or is intoxicated while so engaged in operating or driving such automobile, motorcycle or other motor vehicle shall be guilty of a misdemeanor.
” " Sec. 70. That Title XIII of the Penal Code of the Canal Zone is hereby amended by inserting therein after section 250b a new section numbered 250c to read as follows: " “Sec. 250c. Intoxicated driver o motor vehicle commit ting negligent acts Any person operating or driving an automobile, motorcycle or other motor vehicle who becomes or is intoxicated while so engaged in operating or driving such automobile, motorcycle or other motor vehicle, and who by reason of such intoxication does any act, or neglects any duty imposed by law, which act or neglect of duty causes the death of, or bodily injury to, any person, shall be punishable by imprisonment in the penitentiary not exceeding ten years, or in jail not exceeding one year, or by fine not exceeding $500, or by both such fine and imprisonment.
” " Sec. 71. That section 255 of the Penal Code of the Canal Zone is hereby amended to read as follows;871 " “Sec. 255. Every person who makes or keeps on the zone or transportsTransporting explosives. on or across the zone more than five pounds of gunpowder, nitroglycerine, or other highly explosive substance without a permit from the governor so to do, is guilty of a misdemeanor.” " Sec. 72. That section 258 of the Penal Code of the Canal Zone is hereby amended to read as follows:
" “Sec. 258. Any person who places in bales, bags, boxes, barrels,Placing extraneous materials in containers, etc., to increase salable weight. or other packages of sugar, tobacco, coffee, rice, or other goods usually sold in bales, bags, boxes, barrels, or other packages, by weight or otherwise, and conceals therein anything whatever for the purposes of increasing the weight or measurement of such bales, bags, boxes, barrels, or other packages, with intent thereby to sell the goods therein, or to enable another to sell the same for an increased weight or measurement, is guilty of a misdemeanor.
” " Sec. 73. That section 269 of the Penal Code of the Canal Zone isSection repealed.Sale of intoxicating liquors to habitual drunkard. hereby repealed. Sec. 74. That section 270 of the Penal Code of the Canal Zone is hereby amended to read as follows: " “Sec. 270. If the owner of a ferocious, vicious, or mischievousAllowing ferocious, etc., animal to go at large. animal, knowing its propensities, willfully suffers it to go at large, or keeps it without ordinary care, and such animal, while so at large, or while not kept with ordinary care, kills any human being who hasDeaths caused by. taken all the precautions which the circumstances permitted, or which a reasonable person would ordinarily take in the same situation, such owner is guilty of a felony.
” " Sec. 75. That Title XIII of the Penal Code of the Canal Zone is hereby amended by inserting therein a new section numbered 270a to read as follows: " “Sec. 270a. If the owner of a ferocious, vicious, or mischievousOther injuries. animal, knowing its propensities, willfully suffers it to go at large, or keeps it without ordinary care, and such animal, while so at large, or while not kept with ordinary care, attacks, bites or maims any human being who has taken all the precautions which the circumstances permitted, or which a reasonable person would ordinarily take in the same situation, such owner is punishable by imprisonment in jail not exceeding one year, or by fine not exceeding $500, or both.
” " Sec. 76. That section 276 of the Penal Code of the Canal Zone is hereby amended to read as follows: " “Sec. 276. Every person who brings into the Canal Zone any cattle,Importing quarantined animals. horses, mules, or asses, after the governor has made proclamation holding in quarantine, for the purpose of inspection for contagious or infectious diseases, such animals, and allows the same or any of them to leave the place of their first arrival in the Canal Zone until they have been examined by the health department, and a certificate has been obtained therefrom that such animals are free from disease, or permits any such animals to run at large, or to be removed, or to escape, before such certificate has been received, is punishable by a fine not exceeding $500.
” " Sec. 77. That section 279 of the Penal Code of the Canal Zone is hereby repealed. Sec. 78. That section 282 of the Penal Code of the Canal Zone is hereby amended to read as follows: " “Sec. 282. Every person who participates in any riot is punishableParticipating in riots. by imprisonment in the penitentiary not exceeding two years, or by fine not exceeding $2,000, or both.” " Sec. 79. That section 283 of the Penal Code of the Canal Zone is hereby amended to read as follows:
" “Sec. 283. Whenever two or more persons, assembled and acting“Rout” construed. together, make any attempt or advance toward the commission of an 872act which would be a riot if actually committed, such assembly is a rout.” " Sec. 80. Participating in rout. That section 285 of the Penal Code of the Canal Zone is hereby amended to read as follows: " “Sec. 285. Every person who participates in any rout or unlawful assembly is guilty of a misdemeanor.” " Sec. 81. That section 286 of the Penal Code of the Canal Zone is hereby amended to read as follows:
" “Sec. 286. Refusing to disperse upon lawful warning. Every person remaining present at the place of any riot, rout, or unlawful assembly, after the same has been lawfully warned to disperse, except public officers and persons assisting them in attempting to disperse the same, is guilty of a misdemeanor.” " Sec. 82. That section 293a of the Penal Code of the Canal Zone, as added by the Executive order of January 9, 1908, is hereby amended to read as follows: " “Sec. 293a. Vagrancy.
Every vagrant or person found within the Canal Zone without legitimate business or visible means of support; and “2. Every mendicant or habitual beggar found within the Canal Zone; and “3. Every person found within or loitering about any laborers’ camp, mess house, quarters, or other Canal Zone building, or any railroad car, or station, or other building of the Panama Railroad Company, or any dwelling or other building owned by any private person without due and proper authority and permission so to be; or peddling goods or merchandise about any laborers’ camp or mess house during hours when laborers are ordinarily employed at work, or in or about places where groups of men are at work; and “4.
Every person found in any public place in such a state of intoxication as to disturb others, or unable, by reason of his condition,Punishment for. to care for his own safety or the safety of others; shall, upon conviction thereof, be punished by a fine of not to exceed $25, or by imprisonment in jail not to exceed thirty days, or by both such fine and imprisonment.” " Sec. 82a. Crimes against the revenue of the Canal Zone.Punishment for. That the last paragraph of section 294 of the Penal Code of the Canal Zone is hereby amended to read as follows:
" “Is punishable by imprisonment in the penitentiary for not more than ten years, and is disqualified from holding any office in the Canal Zone.” " Sec. 83. That section 295 of the Penal Code of the Canal Zone is hereby amended to read as follows: " “Sec. 295. Failing to account, etc., for collected revenues. Any employee of the United States, the Panama Canal, or the Panama Railroad Company, who collects or receives public moneys: “1. Who fails, fully and promptly, to account for any and all public funds, fines, internal revenue stamps, licenses, receipts, books, documents, records, papers, or any other form of public property; or, “2.
Who is guilty of any extortion or willful oppression under color of law; or, “3. Who, knowingly, demands other or greater sums than are authorized by law, or receives any fee, compensation or award, except as herein provided for the performance of any duty; or, “4. Who willfully neglects to perform any of the duties enjoined upon him by laws; or, “5. Who conspires or colludes with any person to defraud the public revenues; or, “6. Who makes opportunities for any person to defraud the public revenues; or, “7.
Who does, or omits to do, any act with intent to enable any other person to defraud the public revenues; or,873 “8. Who, negligently or designedly, permits any violation of the law by any person; or, “9. Who makes or signs any false entry in any book, or makes or signs any false certificate or return in any case where he is required by law to make any entry, certificate or return; or, “10. Who, having knowledge or information of the violation of any provision of the laws respecting public revenues by any person, or of fraud committed by any person against the public revenues, fails to report in writing such violation or fraud to the designated authority; or “11.
Who demands, accepts, or attempts to collect, directly or indirectly, as payment, gift, or otherwise, any sum of money or other thing of value for the compromise, adjustment, or settlement of any charge or complaint for any violation or alleged violation of the laws respecting public revenues; or “12. Who shall divulge or make known, in any manner whatsoever not provided by law, to any persons, the accounts, condition of business affairs, or manner of conducting the same of any person, association, or corporation whose books, accounts, and business operations may have been investigated in the discharge of their duties, shall be dismissed from office and shall be guilty of a felony, and,Punishment for. upon conviction, shall be fined not more than $2,000, or be imprisoned in the penitentiary not more than five years, or both, at the discretion of the court.
For the purpose of this section, all funds, moneys, and properties of the Panama Railroad Company shall be deemed public funds.” " Sec. 84. That section 297 of the Penal Code of the Canal Zone is hereby amended to read as follows: " “Sec. 297. The phrase 4 public moneys,’ as used in the preceding“Public moneys” construed. sections, includes all bonds and evidences of indebtedness, and all moneys belonging to the United States, the government of the Canal Zone, the Panama Canal, or the Panama Railroad Company, and all moneys, bonds, and evidences of indebtedness received or held by Canal Zone or Panama Railroad officers or employees in their official capacity.
” " Sec. 85. That section 298 of the Penal Code of the Canal Zone is hereby amended to read as follows: " “Sec. 298. If any clerk, marshal, or other officer, who receives anyOfficer failing to pay over fines, etc. fine or forfeiture or other moneys, refuses or neglects to pay over the same according to law, and within thirty days after the receipt thereof, he is punishable by imprisonment in jail not exceeding six months, or by a fine not exceeding $500, or by both.” " Sec. 86.
That sections 299, 300, 301, and 302 of the Penal Code ofSections repealed.Tax collections. the Canal Zone are hereby repealed. Sec. 87. That section 305 of the Penal Code of the Canal Zone is hereby repealed. Sec. 88. That section 306 of the Penal Code of the Canal Zone is hereby amended to read as follows: " “Sec. 306. Arson is the willful and malicious burning of a building“Arson” defined. with intent to destroy it.” " Sec. 88a. That section 311 of the Penal Code of the Canal Zone isSection repealed.Ownership of building set on fire. hereby repealed.
Sec. 89. That section 324 of the Penal Code of the Canal Zone is hereby amended to read as follows: " “Sec. 324. Forgery is punishable by imprisonment in the penitentiaryForgery. for a term not exceeding fourteen years.” " Sec. 90. That section 325 of the Penal Code of the Canal Zone is hereby amended to read as follows:874 " “Sec. 325. Forging telegraph, etc., messages. Every person who knowingly and willfully sends by telegraph or telephone to any person a false or forged message, purporting to be from a telegraph or telephone office, or from any other person, or who willfully delivers or causes to be delivered to any person any such message falsely purporting to have been received by telegraph or telephone, or who furnishes, or conspires to furnish, or causes to be furnished to any agent, operator, or employee, to be sent by telegraph or telephone, or to be delivered, any such message, knowing the same to be false or forged, with the intent to deceive, injure, or defraud another, is punishable by. imprisonment in the penitentiary not exceeding five years, or in jail not exceeding one year, or by fine not exceeding $5,000, or by both such fine and imprisonment.
” " Sec. 91. That section 326 of the Penal Code of the Canal Zone is hereby amended to read as follows: " “Sec. 326. Passing or receiving forged notes. Every person who has in his possession, or receives from another person, any forged promissory note or bank bill, or bills for payment of money or property, with the intention to pass the same or to permit, cause, or procure the same to be uttered or passed, with the intention to defraud any person, knowing the same to be forged or counterfeited, or has or keeps in his possession any blank or unfinished note or bill made in the form or similitude of any promissory note or bill for payment of money or property, made to be issued by any incorporated bank or banking company, with intention to fill up and complete such blank and unfinished note or bill, or to permit, or cause, or procure the same to be filled up and completed, in order to utter or pass the same, or to permit, or cause, or procure the same to be uttered or passed, or to defraud any person, is punishable by a fine of not more than $1,000 or by imprisonment at hard labor in the penitentiary not more than five years, or by both.
” " Sec. 91a. That section 327 of the Penal Code of the Canal Zone is hereby amended to read as follows: " “Sec. 327. Making, uttering, etc., fictitious bills, etc. Every person who makes, passes, utters, or publishes, with the intention to defraud any other person, or who, with the like intention, attempts to pass, utter, or publish, or who has in his possession, with like intent to utter, pass, or publish, any fictitious bill, note, or check, purporting to be the bill, note, or check or other instrument in writing for the payment of money or property of some bank, corporation, copartnership, or individual, when, in fact, there is no such bank, corporation, copartnership, or individual in existence, knowing the bill, note, check, or instrument in writing to be fictitious, is punishable by imprisonment in the penitentiary for not more than five years.
” " Sec. 92. That Chapter IV of Title XVI of the Penal Code of the Canal Zone is hereby amended by inserting therein after section 327 a new section numbered 327a to read as follows: " “Sec. 327a. Issuing bank check, etc., with intent to defraud. Every person who for himself or as the agent or representative of another or as an officer of a corporation, willfully, with intent to defraud, makes or draws or utters or delivers to another person any check or draft on a bank, banker, or depositary for .the payment of money, knowing at the time of such making, drawing, uttering, or delivery, that he or his principal or the corporation of Punishment for.which he is an officer has not sufficient funds in, or credit with such bank, banker, or depositary, to meet such check or draft in full upon its presentation, is punishable by imprisonment in jail for not more than one year or in the penitentiary for not more than fourteen years.
“Credit” construed.The word ‘credit’ as herein used shall be construed to be an arrange-875ment or understanding with, the bank or depositary for the payment of such check or draft.” " Sec. 92a. That section 329 of the Penal Code of the Canal Zone is hereby amended to read as follows: " “Sec. 329. Counterfeiting is punishable by imprisonment in theCounterfeiting. penitentiary for not more than five years.” " Sec. 92b. That section 330 of the Penal Code of the Canal Zone is hereby amended to read as follows:
" “Sec. 330. Every person who has in his possession, or receivesPossessing or receiving counterfeit coins, bullion, etc. from any other person, any counterfeit gold or silver coin of the species current in the Canal Zone, or any counterfeit gold dust, gold or silver bullion, or bars, lumps, pieces, or nuggets, with the intention to sell, utter, put off, or pass the same, or permits, causes, or procures the same to be sold, uttered, or passed, with intention to defraud any person, knowing the same to be counterfeit, is punishable by imprisonment in the penitentiary not more than five years.
” " Sec. 93. That section 336 of the Penal Code of the Canal Zone is hereby amended to read as follows: " “Sec. 336. That every person who, within the Canal Zone, shallPossessing counterfeited bond, etc. have in his possession any such false, forged or counterfeited bond, certificate, obligation, security, Treasury note, bill, promise to pay, bank note, or bill issued by a bank or other corporation of the United States, State, or Territory thereof, or any foreign country, with intent to utter, pass, or put off the same, or to deliver the same to any other person with intent that the same may thereafter be uttered, passed, or put off as true, or who shall knowingly deliver the same to any other person, with such intent, shall, upon conviction thereof as aforesaid, be punished by a fine of not more than $1,000, or by imprisonment at hard labor in the penitentiary not more than five years, or by both.
” " Sec. 94. That section 339 of the Penal Code of the Canal Zone is hereby amended to read as follows: " “Sec. 339. Every person who, for the purpose of restoring to itsRestoring canceled railroad tickets. original appearance and nominal value in whole or in part, removes, conceals, fills up, or obliterates the cuts, marks, punch holes, or other evidence of cancellation, from any ticket, check, order, coupon, receipt for fare, or pass, issued by any railroad company, or any lessee or manager thereof, canceled in whole or in part, with intent to dispose of by sale or gift, or to circulate the same, or with intent to defraud the railroad company, or lessees thereof, or any other person, or who, with like intent to defraud, offers for sale, or in payment of fare on the railroad of the company, such ticket, check, order, coupon, or pass, knowing the same to have been so restored, in whole or in part, is punishable by imprisonment in jail not exceeding six months or by fine not exceeding $1,000, or by both imprisonment and fine.
” " Sec. 94a. That the Penal Code of the Canal Zone is hereby amended by inserting after section 339 thereof, a new section numbered 339a, reading as follows: " “Sec. 339a. Every person who, with intent to defraud, alters anyAltering clubhouse, etc., check. clubhouse, commissary, or restaurant check, ticket, coupon, or other evidence of a transaction with such clubhouse, commissary, or restaurant, is guilty of a misdemeanor punishable by imprisonment in jail not exceeding six months or by fine not exceeding $1,000, or by both such fine and imprisonment.
” " Sec. 95. That section 345 of the Penal Code of the Canal Zone isSection repealed.Larceny after severance from real property. hereby repealed. Sec. 96. That section 352 of the Penal Code of the Canal Zone is hereby amended to read as follows:876 " “Sec. 352. Receiving property stolen in another country, etc. Every person who, in any country or State of the United States, embezzles or steals the property of another, or receives such property, knowing it to have been embezzled or stolen, and brings the same into the Canal Zone, may be convicted and punished in the same manner as if such embezzlement, larceny, or receiving had been committed in the Canal Zone.
” " Sec. 97. That Chapter V of Title XVI of the Penal Code of the Canal Zone is hereby amended by inserting therein after section 354 a new section numbered 354a to read as follows: " “Sec. 354a. Taking motor vehicle, etc., temporarily. Any person who shall, without the permission of the owner thereof, take any automobile, bicycle, motor cycle, or other vehicle, for the purpose of temporarily using or operating the same, shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be punished by a fine not exceeding $200, or by imprisonment in jail not exceeding three months, or by both such fine and imprisonment.
” " Sec. 98. That Chapter V of Title XVI of the Penal Code of the Canal Zone is hereby amended by inserting therein after section 354a a new section numbered 354b to read as follows: " “Sec. 354b. Unlawful use of automobile. Every owner or manager of an automobile garage, or agent or employee of such owner or manager, or any other person, having the care, custody, or possession of any automobile, who takes, hires, runs, drives, or uses such automobile, or who takes or removes therefrom any part thereof, without the owner’s consent, is punishable by a fine not exceeding $1,000, or by imprisonment in jail not exceeding one year, or by both such fine and imprisonment.
” " Sec. 98a. That section 355 of the Penal Code of the Canal Zone is hereby amended to read as follows: " “Sec. 355. Keeping property saved from fire. Every person who saves from fire, or from a building endangered by fire, any property, and for two days thereafter corruptly neglects to notify the owner thereof, is punishable by imprisonment in the penitentiary not more than ten years.” " Sec. 99. That section 359 of the Penal Code of the Canal Zone is hereby amended to read as follows:
" “Sec. 359. Embezzlement.Appropriation by trustee of trust property to own use. Every officer of the government of the Canal Zone, and every deputy, clerk, or servant of any such officer, and every officer, director, trustee, clerk, servant, attorney, or agent of any association, society, or corporation (public or private), and any other person who fraudulently appropriates to any use or purpose not in the due and lawful execution of his trust, any property which he has in his possession or under his control by virtue of his trust, or secretes it with a fraudulent intent to appropriate it to such use or purpose, is guilty of embezzlement.
” " Sec. 100. That section 366 of the Penal Code of the Canal Zone is hereby amended to read as follows: " “Sec. 366. Intention to restore as defense. The fact that the accused intended to restore the property embezzled is no ground of defense or of mitigation of punishment, if it has not been restored before a complaint has been laid before a magistrate or an information has been filed before the district court, charging the commission of the offense.” " Sec. 101. That section 367 of the Penal Code of the Canal Zone is hereby amended to read as follows:
" “Sec. 367. Actual restoration a ground for mitigation of punishment. Whenever, prior to any complaint laid before a magistrate or an information filed in the district court, charging the commission of embezzlement, the person accused voluntarily and actually restored or tendered restoration of the property alleged to have been embezzled, or any part thereof, such fact is not a ground of defense, but it authorizes the court to mitigate punishment, in its discretion.”877 " Sec. 101a.
That section 383 of the Penal Code of the Canal Zone is hereby amended to read as follows: " “Sec. 383. Every person who, after once selling, bartering, or disposingSubsequent sales with intent to deceive prior vendee, etc. of any property, real or personal, or any interest therein, or after executing any bond or agreement for the sale of any of such property, again willfully and with intent to defraud previous or subsequent purchasers, sells, barters, or disposes of the same property, or any part thereof, or interest therein, or willfully and with intent to defraud previous or subsequent purchasers, executes any bond or agreement to sell, barter, or dispose of the same property, or any part thereof, or interest therein, to any other person for a valuable consideration, is punishable by imprisonment in the penitentiary not more than ten years.
” " Sec. 102. That section 386 of the Penal Code of the Canal Zone is hereby amended to read as follows: " “Sec. 386. Every commission merchant, broker, agent, factor, orFalse statements by factors, etc. consignee, who shall willfully and corruptly make, or cause to be made, to the principal or consignor of such commission merchant, agent, broker, factor, or consignee, a false statement concerning the price obtained for or the quality or quantity of any property consigned or intrusted to such commission merchant, agent, broker, factor, or consignee, for sale, shall be deemed guilty of a misdemeanor, and on conviction thereof shall be punished by fine not exceeding $500, or imprisonment in jail not exceeding six months, or by both such fine and imprisonment.
” " Sec. 102a. That the Penal Code of the Canal Zone is hereby amended by adding thereto, after section 389, a new section reading as follows: " “Sec. 389a. Every person who, after mortgaging any personalRemoving mortgaged personal property. property, during the existence of such mortgage, with intent to defraud the mortgagee, his representative or assigns, takes, drives, carries away, or otherwise removes or permits the taking, driving, or carrying away, or other removal of the mortgaged property, or any part thereof from the Canal Zone, without the written consent of the mortgagee; or who sells, transfers, or in any manner further incumbers the said mortgaged property, or any part thereof, or causes the same to be sold, transferred, or further incumbered, is guilty of larceny and is punishable accordingly; unless at or before the time of making such sale, transfer, or incumbrance, such mortgagor informs the person to whom such sale, transfer, or incumbrance is made, of the existence of the prior mortgage, and also informs the prior mortgagee of the intended sale, transfer, or incumbrance, in writing, by giving the name and place of residence of the party to whom the sale, transfer, or incumbrance is to be made.
” " Sec. 102b. That section 390 of the Penal Code of the Canal Zone is hereby amended to read as follows: " “Sec. 390. Every person who willfully burns or in any other mannerWillfully destroying property to defraud insurer. injures or destroys any property which is at the time insured against loss or damage by fire, or by any other casualty, with intent to defraud or prejudice the insurer, whether the same be the property of or in the possession of such person, or of any other, is punishable by imprisonment in the penitentiary not more than ten years.
” " Sec. 102c. That section 401 of the Penal Code of the Canal Zone is hereby amended to read as follows: " “Sec. 401. Every director, officer, or agent of any corporation orBooks, accounts, etc., of corporations, etc.Frauds in keeping. joint-stock association who knowingly receives or possesses himself of any property of such corporation or association otherwise than in payment of a just demand, and who, with intent to defraud, omits 878to make, or to cause or direct to be made, a full and true entry thereof in the books or accounts of such corporations or associations, and every director, officer, agent, or member of any corporation or joint-stock association, who, with intent to defraud, destroys, alters, mutilates, or falsifies any of the books, papers, writings, or securities belonging to such corporation or association, or makes, or concurs in making, any false entries, or omits, or concurs in omitting, to make any material entry in any book of accounts, or other record or document kept by such corporation or association, is punishable by imprisonment in the penitentiary not more than ten years or a fine not exceeding $500, or by both such fine and imprisonment.
” " Sec. 103. That Chapter XIII of Title XVI of the Penal Code of the Canal Zone is hereby amended by inserting therein after section 420 a new section numbered 420a to read as follows: " “Sec. 420a. Highways.Throwing glass, etc., upon. Any person who throws or deposits any glass bottle, glass, nails, tacks, hoops, wire, cans or any other substance likely to injure any person, animal, or vehicle upon any public highway in the Canal Zone shall be guilty of a misdemeanor.” " Sec. 104.
Section repealed.Killing birds within public parks. That section 424 of the Penal Code of the Canal Zone is hereby repealed. Sec. 105. Trespasses to property. That subsections 4, 5, and 6, of section 426 of the Penal Code of the Canal Zone are hereby amended to read as follows: " “Every person who willfully commits any trespass by either— “4. Digging, taking, or carrying away from any lot situated within the Canal Zone, without the license of the owner or legal occupant thereof, any earth, soil or stone; or, “5.
Digging, taking, or carrying away from any land in the Canal Zone, recognized or established as a street, alley, avenue or park, without the license of the proper authorities, any earth, soil or stone; or “6. Putting up, affixing, fastening, printing, or painting upon any property of any person, without license from the owner, any notice, advertisement, or designation of, or any name for any commodity, whether for sale or otherwise, or any picture, sign, or device intended to call attention thereto, is guilty of a misdemeanor.
” " Sec. 106. That section 431 of the Penal Code of the Canal Zone is hereby amended to read as follows: " “Sec. 431. Destroying irrigation, etc., construction. Every person who willfully and maliciously cuts, breaks, injures, or destroys any bridge, dam, canal, flume, aqueduct, levee, embankment, reservoir, or other structure erected to create hydraulic power, or to drain or reclaim any swamp and overflowed tide or marsh land, or to store or conduct water for agricultural or other purposes, or for the supply of the inhabitants of any city or town, or any embankment necessary to the same, or either of them, or willfully or maliciously makes, or causes to be made, any aperture in such dam, canal, flume, aqueduct, reservoir, embankment, levee, or structure, with intent to injure or destroy the same, or draws up, cuts, or injures any piles fixed in the ground for the purpose of securing any seabank, or sea-walls, or any dock, quay, or jetty, lock, or sea-wall, is guilty of a felony, and upon conviction, punishable by a fine not exceeding $1,000, or by imprisonment in the penitentiary not exceeding two years, or by both.
” " Sec. 107. Section repealed.Throwing ballast overboard in port. That section 434 of the Penal Code of the Canal Zone is hereby repealed. Sec. 108. Mooring to buoy. That section 435 of the Penal Code of the Canal Zone is hereby repealed. Sec. 109. That section 436 of the Penal Code of the Canal Zone, as amended by the Executive order of April 24, 1908, is hereby amended to read as follows:879 " “Sec. 436. Every person who willfully injures, defaces, or removesDefacing Federal, etc., monuments, etc. any signal, monument, building, or appurtenance thereto, placed, erected, or used by persons engaged in the United States Coast and Geodetic Survey, the Military Survey of the United States Army, the Hydrographic Office of the United States Navy, or any other Government surveys, or the Panama Canal, or any public service company within the Canal Zone, knowing the same to be a boundary or survey monument, is guilty of a felony.
” " Sec. 110. That section 438 of the Penal Code of the Canal Zone is hereby amended to read as follows: " “Sec. 438. Every person who maliciously mutilates, tears, defaces,Mutilating written instruments. obliterates, or destroys any written instrument, the property of another, the false making of which would be forgery, is punishable by imprisonment in the penitentiary for a term not exceeding five years.” " Sec. 111. That section 440 of the Penal Code of the Canal Zone is hereby amended to read as follows:
" “Sec. 440. Every person, not the owner thereof, who willfullyDisfiguring works of art, etc. injures, disfigures, or destroys any monument, work of art, or useful or ornamental improvement within the limits of the Canal Zone, or any shade tree or ornamental plant growing therein, whether situated upon private grounds or on any street, sidewalk, or public park, or place, is guilty of a misdemeanor.” " Sec. 112. That section 444 of the Penal Code of the Canal Zone is hereby amended to read as follows:
" “Sec. 444. Every person who, by means of any machine, instrument,Fraudulent reading of messages over telegraph lines. or contrivance, or in any other manner, willfully and fraudulently reads, or attempts to read, any message, or to learn the contents thereof, whilst the same is being sent over any telegraph line, or willfully and fraudulently, or clandestinely learns, or attempts to learn, the contents or meaning of any message while the same is in any telegraph or cable office, or is being received thereat or sent therefrom, or who uses or attempts to use, or communicates to others, any information so obtained, is punishable by imprisonment in the penitentiary for not more than five years, or by fine of not to exceed $5,000, or both.
” " Sec. 113. That section 445 of the Penal Code of the Canal Zone is hereby amended to read as follows: " “Sec. 445. Every person who, by the payment or promise of anyBribing cable agents, etc., to obtain disclosure of contents of messages. bribe, inducement, or reward, procures, or attempts to procure, any telegraph or cable agent, operator, or employee to disclose any private message, or the contents, purport, substance, or meaning thereof, or offers to any such agent, operator, or employee any bribe, compensation or reward for the disclosure of any private information received by him by reason of his trust as such agent, operator or employee, or uses, or attempts to use, any such information so obtained, is punishable by imprisonment m the penitentiary for not more than five years, or by fine of not more than $5,000, or both.
” " Sec. 114. That the first subdivision of section 461 of the Penal Code of the Canal Zone, defining the word “willfully,” is hereby amended to read as follows: " “First. The word 4 willfully,’ when applied to the intent with“Willfully” construed. which an act is done or omitted, implies simply a purpose or willingness to commit the act, or make the omission referred to. It does not require any intent to violate law, or to injure another, or to acquire any advantage.” " Sec. 115.
Nothing contained in this Act shall apply to an offenseSaving clause. committed prior to the time when this Act takes effect. Such an 880offense shall be punished according to the provisions of law existing when it was committed in the same manner as if this Act had not been passed. Approved, February 21, 1933. An Act to amend the Code of Criminal Procedure for the Canal Zone. 1933-02-21 110 Chapter 47 Stat. 880 72 2 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
Digitization Vendor 2024-12-27 public [CHAPTER 110.] AN ACT An Act to amend the Code of Criminal Procedure for the Canal Zone.February 21, 1933.[[H. R. 7520](/us/bill/72/hr/7520).][[Public, No. 366](/us/pl/72/366).] *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, * Code of Criminal Procedure, Canal Zone.Amendments. That section 2 of the Code of Criminal Procedure for the Canal Zone is hereby amended to read as follows:
" “Sec. 2. Jury trials. No person can be convicted of a public offense unless by the verdict of a jury, accepted and recorded by the court, or upon Waiver.a plea of guilty, or upon a judgment of the district court, a jury having been waived, or upon the judgment of a magistrate’s court.” " Sec. 2. That section 3 of the Code of Criminal Procedure for the Canal Zone is hereby amended to read as follows: " “Sec. 3. Prosecution by information signed by district attorney. Every offense of which the district court has original jurisdiction must be prosecuted by information signed by the district attorney, or in the case of his absence by an assistant district attorney.
The information must state that it is based upon due investigation of the facts relating to the crime charged therein, and on the sworn testimony of one or more witnesses.” " Sec. 2a. That the Code of Criminal Procedure for the Canal Zone is hereby amended by adding a new section numbered 3a, reading as follows: " “Sec. 3a. “District attorney” to include assistant. Wherever the designation ‘district attorney’ appears in this code, such designation shall include an assistant district *Proviso*.Application.attorney: *Provided*, *however*, That this section shall only apply during the absence or disability of the district attorney or during a vacancy in the office of district attorney.
” " Sec. 3. That section 8 of the Code of Criminal Procedure for the Canal Zone is hereby amended to read as follows: " “Sec. 8. Jurisdiction over offense. The jurisdiction of an offense triable either in the district or magistrates’ courts shall be in the division or subdivision where the offense has been committed.” " Sec. 4. That section 9 of the Code of Criminal Procedure for the Canal Zone is hereby amended to read as follows: " “Sec. 9. Offenses committed within Canal Zone.
Every person is liable to punishment by the law of the Canal Zone, or by the laws of the United States which are made applicable to the Canal Zone, for an offense committed by him therein.” " Sec. 5. That section 11 of the Code of Criminal Procedure for the Canal Zone is hereby amended to read as follows: " “Sec. 11. Rights of defendant. In a criminal action, the defendant is entitled— “1. To a speedy and public trial. “2. To be allowed counsel as in civil actions, or to appear and defend in person and with counsel.
“3. To produce witnesses on his behalf and to be confronted with the witnesses against him, in the presence of the court, except that where the charge has been preliminarily examined before a committing magistrate and the testimony taken down by question and answer in the presence of the defendant, who has, either in person or by counsel, cross-examined or had an opportunity to cross-examine the witness; or where the testimony of a witness on the 881part of the Government, who is unable to give security for his appearance, has been taken conditionally in the like manner in the presence of the defendant, who has, either in person or by counsel, cross-examined or had an opportunity to cross-examine the witness, the deposition of such witness may be read, upon its being satisfactorily shown to the court that he is dead or insane, or can not with due diligence be found within the Canal Zone; and except also that in the case of offenses hereafter committed the testimony on behalf of the Government or the defendant of a witness deceased, insane, out of jurisdiction, or who can not, with due diligence, be found within the Canal Zone, given on a former trial of the action in the presence of the defendant who has, either in person or by counsel, cross-examined or had an opportunity to cross-examine the witness, may be admitted.
” " Sec. 6. That section 12 of the code of Criminal Procedure for the Canal Zone is hereby amended to read as follows: " “Sec. 12. The magistrates and the district attorney shall haveWarrants, power to issue. power to issue warrants for the arrest of persons charged with public offenses.” " Sec. 7. That section 14 of the Code of Criminal Procedure for the Canal Zone is hereby amended to read as follows: " “Sec. 14. One magistrate may conduct the proceedings of the magistrate of the other subdivision upon inability to act, sickness, or any other cause.
In such cases the proper entry of the proceedings of such magistrate so acting shall be made in the docket of the magistrate for whom he so acts.” " Sec. 7a. That section 18 of the Code of Criminal Procedure for the Canal Zone is hereby amended to read as follows: " “Sec. 18. Before a magistrate shall issue a warrant in any case, aComplaint by affidavit before issue of warrant. complaint must be made by affidavit of the complaining witness, clearly charging therein the offense committed, and such affidavit must be signed by said complaining witness.
” " Sec. 8. That section 19 of the Code of Criminal Procedure for the Canal Zone is hereby amended to read as follows: " “Sec. 19. Every affidavit shall contain as particularly as can beContents. done the nature of the offense charged and the particulars as to the time, place, person, and property, so as to enable the defendant to understand the nature and character of such offense.” " Sec. 9. That section 20 of the Code of Criminal Procedure for the Canal Zone is hereby amended to read as follows:
" “Sec. 20. After a complaint has been made charging that an offenseIssue of warrant of arrest. has been committed against the laws of the Canal Zone, and the magistrate before whom such complaint was made is satisfied that the complaint charges an offense, he shall forthwith issue a warrant of arrest for the offending party, directed to any peace officer, commanding the said peace officer to forthwith arrest the offender and bring him before the said magistrate.” " Sec. 11. That the Code of Criminal Procedure for the Canal Zone be amended by inserting therein, following section 21, a new section numbered 21a, to read as follows:
" “Sec. 21a. The warrant must specify the name of the defendant,Contents of warrant. or, if it is unknown to the magistrate, the defendant may be designated therein by any name. It must also state the time of issuing it, and the place where it is issued, and be signed by the magistrate, with his name and office. The warrant must be directed to andExecution of. executed by a peace officer.”882 " Sec. 12. That the Code of Criminal Procedure for the Canal Zone is hereby amended by inserting therein, following section 21a, a new section numbered 21b, to read as follows:
" “Sec. 21b. Peace officers; who are. The following are peace officers: The marshal and deputy marshals of the Canal Zone, constables of the magistrate courts, and all officers and members of the police force of the Canal Zone.” " Sec. 13. That section 22 of the Code of Criminal Procedure for the Canal Zone is hereby amended to read as follows: " “Sec. 22. Admission to bail. In the event that the offense charged against the person be triable in the magistrate’s court, the defendant may be admitted to bail upon executing a bond in a sum to be fixed by the magistrate Bond.not exceeding $500.
Such bond shall be in favor of the ‘Government of the Canal Zone’ upon condition that the defendant shall be and appear before said magistrate at a certain date therein mentioned; said bond shall be signed by the defendant and two or more good and sufficient sureties. The date of the appearance shall not be later than three days from the signing of the bond. Should the defendant fail to enter into such bond, the said magistrate shall commit him to jail awaiting trial.” " Sec. 14.
That section 23 of the Code of Criminal Procedure for the Canal Zone is hereby amended to read as follows: " “Sec. 23. Subpoenas.Issue of. Whenever a person arrested charged with an offense cognizable by a magistrate is placed on trial, he shall give the names of his witnesses, if he has any, and their places of abode; and the magistrate shall forthwith issue subpoenas for the same to testify in said cause. The subpoenas shall state the day, hour, and place of trial.” " Sec. 15.
That section 24 of the Code of Criminal Procedure for the Canal Zone is hereby amended to read as follows: " “Sec. 24. Pleadings of defendant. When a defendant is put upon trial in a magistrate’s court, the magistrate shall read the complaint to the defendant, whereupon the defendant may plead to the same, which plea shall be ‘guilty’ or ‘not guilty’. Should the defendant refuse to answer or plead to the same, the magistrate shall enter a plea of not guilty. Should the defendant plead guilty, the magistrate shall, after hearing testimony to determine the gravity of the offense, within twenty-four hours thereafter render his decision as to the amount of punishment to be inflicted.
” " Sec. 16. That section 25 of the Code of Criminal Procedure for the Canal Zone is hereby amended to read as follows: " “Sec. 25. Proceedings if plea “not guilty.” After having heard the charge, if the defendant plead ‘not guilty’, the proceedings shall be as follows: “First. The witnesses for the prosecution shall be examined under oath. The oath shall be as follows: ‘You do solemnly swear before Almighty God that you will tell the truth, the whole truth, and nothing but the truth, in the matter now pending before me.’ “Second.
Examination of witnesses. The witnesses for the defendant, including the defendant himself if he wishes to testify, shall be examined under oath; if the defendant does not testify, that fact can not be used against him. “Third. Rebuttal. Witnesses for the prosecution may be called to testify in rebuttal only of testimony given by the defendant or his witnesses. “Fourth. Consideration of evidence. The court shall then consider the evidence, and within twenty-four hours thereafter render his decision.
The trial must be had and a decision rendered in the presence of the defendant. When a decision is in favor of the defendant by acquitting him of the charge, he shall be at once released. Should the decision be that the defendant is guilty, the court shall, within the time limit, fine or commit the defendant to jail, or both, as the case may be.”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 theArrests by private persons. commission of an offense must without unnecessary delay, take the 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 isAdmission of defendant to bail. 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 bailWhen bail not given forthwith. 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 Zone is hereby amended to read as follows: " “Sec. 33.
When a magistrate orders the defendant to be held toCommitment, when defendant held to answer. answer, after preliminary investigation in cases triable in the district court, he must make out a commitment signed by him, with his name 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 courtsCounsel of person under arrest. of the Canal Zone may, at the request of a prisoner, after his arrest, 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 informationPreliminary hearing before magistrate. direct, with an offense not triable before the magistrate, the said magistrate shall hold a preliminary hearing, and if the magistrate be satisfied that the offense has been committed, and there existsWhen probable cause established. probable cause that the defendant has committed the same, he shall 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 Canal Zone is hereby amended to read as follows: " “Sec. 44. An appeal from the judgment of a magistrate’s courtAppeals.Notice in open court. may be taken by the defendant by giving notice in open court of his intention so to do at the time the judgment is rendered.
Upon the perfection of such an appeal the magistrate shall forthwith transmitPerfection 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 thatCommitment in default of payment of fine. 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*,*Proviso*.Period limited.
That such imprisonment shall not exceed thirty days in any case.”884 " Sec. 25. That the second and third subsections of section 52 of the Code of Criminal Procedure for the Canal Zone are hereby amended to read, respectively, as follows: " “Sec. 52. * * *Magistrates. “Second. Powers. To enforce order in the proceedings before him. “Third. To provide for the orderly conduct of proceedings before him.” " Sec. 26. That section 59 of the Code of Criminal Procedure for the Canal Zone is hereby amended to read as follows:
" “Sec. 59. Duties.Papers relating to criminal matters. It shall be the duty of magistrates to keep all papers relating to criminal matters in which preliminary examination has been held in good order and on file in their offices for a term not to exceed two days, and within said time to deliver to the district attorney a transcript of all proceedings had in such cases and all papers relating to such cases, including original complaint and warrant, affidavits, and the names of the witnesses.
The district attorney shall return all such papers to the magistrate in every case where the district attorney does not file an information.” " Sec. 27. That section 60 of the Code of Criminal Procedure for the Canal Zone is hereby amended to read as follows: " “Sec. 60. Undertakings, etc., deposited. It shall be the duty of the magistrates, after the filing of an information by the district attorney, to turn over to the clerk of the district court all undertakings or moneys deposited in lieu thereof with the magistrate for appearance in the district court.
” " Sec. 28. That section 62 of the Code of Criminal Procedure for the Canal Zone is hereby amended to read as follows: " “Sec. 62. Information. The first pleading on part of the government in all criminal matters within the original jurisdiction of the district court is the information.” " Sec. 29. That section 64 of the Code of Criminal Procedure for the Canal Zone is hereby amended to read as follows: " “Sec. 64. Filing of. All informations must be filed with the clerk of the district court.
” " Sec. 30. That section 67 of the Code of Criminal Procedure for the Canal Zone is hereby amended to read as follows: " “Sec. 67. Form. It may be substantially in the following form: “ ‘ In the district court in and for the division of , Canal Zone. “ ‘ The government of the Canal Zone against : Information. “ ‘ , district attorney for the Canal Zone, comes into the district court for the said division, and for the government of the Canal Zone gives the court here to be informed and to understand that: on the day of A.
D. 19 , in the division aforesaid, did then and there (here set forth the act or omission charged as an offense) and so did then and there commit the offense of (here state the character of the offense committed, whether it be murder, arson, larceny, or the like, or designating it as a felony or misdemeanor) contrary to the law in such case made and provided and against the peace and dignity of the government of the Canal Zone. “ ‘This information is based upon due investigation of the facts relating to the crime charged therein, and on the sworn testimony of one or more witnesses, and I believe there is just cause for the filing of this information.
“ ‘Signed this day of , A. D. 19 “ ‘District Attorney.’ ” " 885 Sec. 30a. That sections 68 and 69 of the Code of CriminalSections repealed.Issue of bench warrants.Information must be direct. Procedure for the Canal Zone are hereby repealed. Sec. 31. That the word “directed ” in section 70 of the Code of Criminal Procedure for the Canal Zone is hereby amended to read “direct.” Sec. 32. That subdivision 2 of section 77 of the Code of Criminal Procedure for the Canal Zone is hereby amended to read as follows:
" “2. That the information be signed and filed by the district attorneySigning of. of the Canal Zone.” " Sec. 33. That the Code of Criminal Procedure for the Canal Zone be amended by inserting therein, following section 86, a new section numbered 86a, to read as follows: " “Sec. 86a. In charging in an information the fact of a previousPrevious conviction of felony, etc. conviction of felony, or of an attempt to commit an offense which, if perpetrated, would have been a felony, or of petit larceny, it is sufficient to state, ‘That the defendant, before the commission ofIncluding statement of. the offense charged in this information, was in (giving the title of the court in which the conviction was had) convicted of a felony (or attempt, and so forth, or of petit larceny).’ If more than one previous conviction is charged, the date of the judgment upon each conviction must be stated, but not more than two previous convictions must be charged in any one information.
” " Sec. 34. That section 90 of the Code of Criminal Procedure for the Canal Zone is hereby amended to read as follows: " “Sec. 90. The district attorney shall have power to issue subpoenasPower of district attorney to subpoena witnesses. for witnesses.” " Sec. 35. That section 92 of the Code of Criminal Procedure for the Canal Zone is hereby amended to read as follows: " “Sec. 92. When a defendant has been committed as provided inExamination of, after preliminary hearing. sections 33 and 41, the district attorney may, within twenty days thereafter, issue subpoenas for witnesses and examine such witnesses under oath as to the offense charged.
Such examination shall be conducted in private.” " Sec. 36. That section 93 of the Code of Criminal Procedure for the Canal Zone is hereby amended to read as follows: " “Sec. 93. If, after investigation, it appears either that no publicDischarge of defendant if no public offense committed, etc. offense has been committed, or that there is not sufficient cause to believe the defendant guilty, the district attorney must, within such twenty-clay period, order that the defendant be discharged, and shallIndorsement on original proceedings. file with the committing magistrate the original proceedings indorsed thereon as follows: ‘There being no sufficient cause to believe the within named, A.
B., to be guilty of an offense, I order his discharge.’ ” " Sec. 37. That section 94 of the Code of Criminal Procedure for the Canal Zone is hereby amended to read as follows: " “Sec. 94. If, however, it appears from the examination that aInformation filed, if otherwise. public offense has been committed, and that there is sufficient cause to believe the defendant guilty thereof, the district attorney shall, within such twenty-day period, file an information against such person in the division of the district court in which the offense is triable, charging the defendant with such offense.
” " Sec. 38. That section 97 of the Code of Criminal Procedure for the Canal Zone is hereby amended to read as follows: " “Sec. 97. All offenses triable in the magistrates’ courts, whenTrial de novo. appealed to the district court, shall be tried de novo on the original complaint and warrant: *Provided*, *however*, That the complaint may*Proviso*.Amendments. be amended in the district court as to matters of form or substance where the rights of the defendant are not substantially prejudiced thereby; but the amended complaint may not charge a crime different 886from that charged or sought to be charged, in the original complaint.
” " Sec. 38a. That section 103 of the Code of Criminal Procedure for the Canal Zone is hereby amended to read as follows: " “Sec. 103. Criminal docket.Clerk of district court to keep. A docket must be kept by the clerk of the district court denominated a criminal docket, in which he shall enter each criminal action and whatever proceedings are had therein, and a statement Deposit of government revenues.of the costs. The clerk shall at the end of each month turn over to the collector of the Panama Canal all the government revenues collected or paid to him of whatever character or nature.
” " Sec. 39. That section 105 of the Code of Criminal Procedure for the Canal Zone is hereby amended to read as follows: " “Sec. 105. Other duties of clerk. The clerk shall perform such other duties as may from time to time be assigned him by the judge of said court.” " Sec. 40. That section 113 of the Code of Criminal Procedure for the Canal Zone is hereby amended to read as follows: " “Sec. 113. Arrest.When offense a felony.Misdemeanor. If the offense charged is a felony, the arrest may be made on any day and at any time of day or night.
If it is a misdemeanor, the arrest can not be made at night, except upon direction of a magistrate by indorsement on the warrant, or except when the offense is committed in the presence of the arresting officer.” " Sec. 41. That the Code of Criminal Procedure for the Canal Zone is hereby amended by inserting therein, following section 114, a new section numbered 114a, to read as follows: " “Sec. 114a. Execution of warrant. A warrant of arrest may be executed in either division or subdivision of the Canal Zone.
” " Sec. 42. That section 116 of the Code of Criminal Procedure for the Canal Zone is hereby amended to read as follows: " “Sec. 116. Arrest of person resisting or about to flee. If a person about to be arrested either flees or forcibly resists, after he has been informed of the intention of the arresting officer to place him under arrest, the officer may use all reasonable means to effect the arrest.” " Sec. 43. That section 119 of the Code of Criminal Procedure for the Canal Zone is hereby amended to read as follows:
" “Sec. 119. Right to take weapons from person arrested. Any person making an arrest may take from the person arrested all dangerous weapons which he may have about his person.” " Sec. 44. That section 125 of the Code of Criminal Procedure for the Canal Zone is hereby amended to read as follows: " “Sec. 125. Arraignment for felony; presence of defendant required.Misdemeanor. The defendant must be personally present on arraignment for felony. If the offense be a misdemeanor, he need not be arraigned, but when the trial begins the clerk shall read the information.
” " Sec. 45. That section 129 of the Code of Criminal Procedure for the Canal Zone is hereby amended to read as follows: " “Sec. 129. Form of bench warrant. The bench warrant upon the information must be substantially in the following form: In the district court of the Canal Zone Division of The government of the Canal Zone. bench warrant To the Marshal or any Peace Officer of the Canal Zone: An information having been filed on the day of A. D. , in the division of the district court of the Canal Zone, charging with the crime of ________________, you are (deignating it generally) therefore commanded forthwith to arrest the above-named and bring him before the court (or if the information has been sent to the other division, that division must be named as the place to bring the defendant) to answer said information; or if the court 887be not in session, that you deliver him into the custody of the warden of said district.
Given under my hand, with the seal of the court affixed, this day of , A. D. . By order of the Court. [seal] Clerk of the Court.” " Sec. 46. That section 134 of the Code of Criminal Procedure for the Canal Zone is hereby amended to read as follows: " “Sec. 134. If the defendant appears for arraignment withoutRight of defendant appearing for arraignment to have counsel. counsel, he must be informed by the court that it is his right to have counsel before being arraigned, and must be asked if he desires the aid of counsel.
If he desires and is unable to employ counsel, the court may assign counsel to defend him.” " Sec. 47. That section 138 of the Code of Criminal Procedure for the Canal Zone as amended by Executive order of August 16, 1910, is hereby amended to read as follows: " “Sec. 138. When the information is not subscribed by the districtMotion to set aside information not subscribed. attorney, it must be set aside by the court in which the defendant is arraigned, upon his motion.” " Sec. 48.
That section 140 of the Code of Criminal Procedure for the Canal Zone is hereby amended to read as follows: " “Sec. 140. The motion must be heard at the time it is made, unless,Hearing of motion.When denied. for cause, the court postpones the hearing to another time. If the motion is denied, the defendant must immediately answer the information either by demurring or pleading thereto. If the motion isGranted. granted, the court must order that the defendant, if in custody, be discharged therefrom; or, if admitted to bail, that his bail be exonerated; or, if he has deposited money instead of bail, that the same be refunded to him, unless it directs that an information be filed by the district attorney.
” " Sec. 49. That section 150 of the Code of Criminal Procedure for the Canal Zone is hereby amended to read as follows: " “Sec. 150. An information may be amended by the districtAmendment of information. attorney without leave of court, at any time before the defendant pleads. Such amendment may be made at any time thereafter, in the discretion of the court, where it can be done without prejudice to the substantial rights of the defendant. If a demurrer is allowed,Demurrer if allowed, bar to subsequent prosecution for same offense. the judgment is final upon the information demurred to, and is a bar to another prosecution for the same offense, unless the court, being of the opinion that the objection on which the demurrer is sustained may be avoided in a new information, directs a new information to be filed.
” " Sec. 50. That the Code of Criminal Procedure for the Canal Zone is hereby amended by inserting therein, following section 163, a new section numbered 163a, to read as follows: " “Sec. 163a. When a defendant who is charged in the informationPrevious convictions charged in information.*Ante*, p. 885. with having suffered a previous conviction, pleads either guilty or not guilty of the offense for which he is informed against, he must be asked whether he has suffered such previous conviction.
If he answers that he has, his answer must be entered by the clerk in the minutes of the court, and must, unless withdrawn by consent of the court, be conclusive of the fact of his having suffered such previous conviction in all subsequent proceedings. If he answers that he has not, his answer must be entered by the clerk in the minutes of the court, and the question whether or not he has suffered such previous conviction must be tried by the court or jury which tries the issue upon the plea of not guilty, or in case of a plea of guilty, by the court 888or a jury impaneled for that purpose.
The refusal of the defendant to answer is equivalent to a denial that he has suffered such previous conviction. In case the defendant pleads not guilty, and answers that he has suffered the previous conviction, the charge of the previous conviction must not be read to the court or jury, nor alluded to on the trial.” " Sec. 51. That the Code of Criminal Procedure for the Canal Zone is hereby amended by inserting therein, following section 169, a new section numbered 169a, to read as follows:
" “Sec. 169a. Removal of action upon agreement of parties.Mode of trial. The court may also order the removal of the action from one division to the other upon the agreement of the parties.” " Sec. 52. That section 170 of the Code of Criminal Procedure for the Canal Zone is hereby amended to read as follows: " “Sec. 170. Issues of fact. An issue of fact arises: “1. Upon a plea of not guilty. “2. Upon a plea of a former conviction or acquittal of the same offense. “3. Upon a plea of once in jeopardy.
” " Sec. 53. That section 171 of the Code of Criminal Procedure for the Canal Zone is hereby amended to read as follows: " “Sec. 171. Tried by jury in criminal cases. Issues of fact in criminal cases within the original jurisdiction of the district court of the Canal Zone must be tried by jury, unless a trial by jury be waived.” " Sec. 54. That section 175 of the Code of Criminal Procedure for the Canal Zone is hereby amended to read as follows: " “Sec. 175. Right of defendant to prepare.
After his plea the defendant is entitled to at least two days to prepare for trial.” " Sec. 55. That chapter I of title VII of the Code of Criminal Procedure for the Canal Zone is hereby amended by inserting therein, before section 177, new sections numbering 176a, b, c, d, e, f, g, h, i, j, k, l, m, n, o, oo, p, q, r, s, t, u, v, w, x, y, and z, reading as follows: " “Sec. 176a. “Challenge” defined. A challenge is an objection made to the trial jurors, and is of two kinds: “1.
To the panel; “2. To an individual juror.” “Sec. 176b. Several defendants can not sever. When several defendants are tried together they can not sever their challenges, but must join therein.” “Sec. 176c . “Panel” defined. The panel is a list of jurors to serve for a particular period or for the trial of a particular action.” “Sec. 176d. “Challenge to panel” defined. A challenge to the panel is an objection made to all the jurors returned, and may be taken by either party.” “Sec. 176e.
When can be founded. A challenge to the panel can be founded only on a material departure from the forms prescribed in respect to the drawing and return of the jury, or on the intentional omission of the marshal to summon one or more of the jurors drawn.” “Sec. 176f. When and how taken. A challenge to the panel must be taken before a juror is sworn and must be in writing or be noted by the reporter, and must plainly and distinctly state the facts constituting the ground of challenge.
” “Sec. 176g. Exceptions to, when sufficiency denied. If the sufficiency of the facts alleged as ground of the challenge is denied, the adverse party may except to the challenge. The exception need not be in writing, but must be entered on the minutes of the court, or of the reporter, and thereupon the court must proceed to try the sufficiency of the challenge, assuming the facts alleged therein to be true.” “Sec. 176h. Denial allowed if exception overruled. If on exception the court finds the challenge sufficient, it may, if justice requires it, permitAmendment. the party excepting to withdraw his exception and to deny the facts alleged in the challenge.
If 889exception is allowed, the court may, in like manner, permit an amendment of the challenge.” “Sec. 176i. If the challenge is denied, the denial may be oral, andTrial of denial. must be entered on the minutes of the court, or of the reporter, and the court must proceed to try the question of fact; and upon suchExaminations during trial. trial, the officers, whether judicial or ministerial, whose irregularity is complained of, as well as any other persons, may be examined to prove or disprove the facts alleged as the ground of the challenge.
” “Sec. 176j. When the panel is formed from persons whose namesChallenge when jurors summoned but not drawn. are not drawn as jurors, a challenge may be taken to the panel on account of any bias of the officer who summoned them, which would be good ground of challenge to a juror. Such challenge must be made m the same form, and determined in the same manner, as if made to a juror.” “Sec. 176k. If, either upon an exception to the challenge or aDischarge of jury when challenge allowed.Impaneled, when disallowed. denial of the facts, the challenge is allowed, the court must discharge the jury so far as the trial in question is concerned.
If it is disallowed, the court must direct the jury to be impaneled.” “Sec. 176l. Before a juror is called, the defendant must beDefendant to be informed of right to challenge. informed by the court, or under its direction, that if he intends to challenge an individual juror he must do so when the juror appears, and before he is sworn.” “Sec. 176m. A challenge to an individual juror is either—Kinds of challenges to juror. “1. Peremptory; or “2. For cause.” “Sec. 176n. It must be taken when the juror appears, and beforeWhen taken. he is sworn to try the cause; but the court may for cause permit it to be taken after the juror is sworn, and before the jury is completed.
” “Sec. 176o. A peremptory challenge can be taken by either party, and may be oral. It is an objection to a juror for which no reason need be given, but upon which the court must exclude him.” “Sec. 176oo. Upon a trial by jury, each side shall be entitled to six peremptory challenges. A waiver of a challenge by either party shall preclude such party, except by consent of court, from thereafter challenging peremptorily any juror then in the jury box, and the remaining challenges of such party shall be limited to jurors thereafter called.
” “Sec. 176p. A challenge for cause may be taken by either party. It is an objection to a particular juror, and is either— “1. General that the juror is disqualified from serving in any case; or “2. Particular—that he is disqualified from serving in the action on trial.” “Sec. 176q. General causes of challenge are:General causes of challenge. “1. A conviction for felony; “2. A want of any of the qualifications prescribed by law to render a person a competent juror; “3. Unsoundness of mind, or such defect in the faculties of the mind or organs of the body as to render him incapable of performing the duties of a juror.
” “Sec. 176r. Particular causes. Particular causes of challenge are of two kinds: “First. For such a bias as, when the existence of the facts is ascertained, in judgment of law disqualifies the juror, and which is known in this code as implied bias. “Second. For the existence of a state of mind on the part of the juror in reference to the case, or to either of the parties, which will prevent him from acting with entire impartiality and without prejudice to the substantial rights of either party, which is known in this code as actual bias.”890 “Sec. 176s.
Challenges for implied bias. A challenge for implied bias may be taken for all or any of the following causes, and for no other: “1. Consanguinity or affinity within the fourth degree to the person alleged to be injured by the offense charged, or on whose complaint the prosecution was instituted, or to the defendant. “2. Standing in the relation of guardian and ward, attorney and client, master and servant, or landlord and tenant, or being a member of the family of the defendant, or of the person alleged to be injured by the offense charged or on whose complaint the prosecution was instituted, or in his employment on wages.
“3. Being a party adverse to the defendant in a civil action, or having complained against or been accused by him in a criminal prosecution. “4. Having served on a trial jury which has tried another person for the offense charged. “5. Having been one of a jury formerly sworn to try the same charge, and whose verdict was set aside, or which was discharged without a verdict after the case was submitted to it. “6. Having served as a juror in a civil action brought against the defendant for the act charged as an offense.
“7. If the offense charged be punishable with death, the entertaining of such conscientious opinions as would preclude his finding the defendant guilty; in which case he must neither be permitted nor compelled to serve as a juror.” “Sec. 176t. Exemption not cause of. An exemption from service on a jury is not a cause of challenge, but the privilege of the person exempted.” “Sec. 176u. Stating causes of. In a challenge for implied bias, one or more of the causes stated in section 176s must be alleged.
In a challenge for actual bias, the cause stated in the second subdivision of section 176r must be alleged; but no person shall be disqualified as a juror by reason of having formed or expressed an opinion upon the matter or cause to be submitted to such jury, founded upon public rumor, statements in public journals, or common notoriety; provided it appear to the court, upon his declaration, under oath or otherwise, that he can and will, notwithstanding such an opinion, act impartially and fairly upon the matters to be submitted to him.
The challenge may be oral, but must be entered in the minutes of the court or of the reporter.” “Sec. 176v. Exceptions to challenge and denial. The adverse party may except to the challenge in the same manner as to a challenge to the panel, and the same proceedings must be had thereon as are prescribed in section 176g, except that if the exception be allowed the juror must be excluded. The adverse party may also orally deny the facts alleged as the ground of challenge.” “Sec. 176w.
Trial of. If the facts are denied, the challenge must be tried by the court.” “Sec. 176x. Examination of challenged juror. Upon the trial of a challenge to an individual juror, the juror challenged may be examined as a witness to prove or disprove the challenge and must answer every question pertinent to the inquiry.” “Sec. 176y. Rules governing admissibility of evidence. Other witnesses may also be examined on either side, and the rules of evidence applicable to the trial of other issues govern the admission or exclusion of evidence on the trial of the challenge.
” “Sec. 176z . Decision. The court must allow or disallow the challenge, and its decision must be entered in the minutes of the court.” " Sec. 56. Rebutting testimony That the word “respectfully ” in subsection 3 of section 177 of the Code of Criminal Procedure for the Canal Zone is hereby amended to read “respectively.”891 Sec. 57. That the Code of Criminal Procedure for the Canal Zone is hereby amended by inserting therein, following section 184, a new section numbered 184a, to read as follows:
" “Sec. 184a. The rules of evidence in civil actions are applicableRules of evidence. also to criminal actions, except as otherwise provided in this code.” " Sec. 58. That the Code of Criminal Procedure for the Canal Zone is hereby amended by inserting therein, following section 184a, a new section numbered 184b, to read as follows: " “Sec. 184b. Perjury must be proved by the testimony of twoPerjury, how proved. witnesses, or of one witness and corroborating circumstances.” " Sec. 59.
That section 199 of the Code of Criminal Procedure for the Canal Zone is hereby amended to read as follows: " “Sec. 199. Viewing of premises by jury. When, in the opinion of the court, it is proper that the jury should view the place in which the offense is charged to have been committed, or in which any other material fact occurred, it may order the jury to be conducted in a body, in the custody of the marshal, to the place, which must be shown to them by a person appointed by the court for that purpose; and the marshal must be sworn to suffer no person to speak or communicate with the jury, nor to do so himself, on any subject connected with the trial, and to return them into court without unnecessary delay or at a specified time.
” " Sec. 60. That the Code of Criminal Procedure for the Canal Zone is hereby amended by inserting therein, following section 202, a new section numbered 202a, to read as follows: " “Sec. 202a. When the jury have agreed upon their verdict theyReturn of jury when agreement on verdict reached. must be conducted into court by the officer having them in charge. When the jury appear they must be asked by the court, or clerk, whether they have agreed upon their verdict, and if the foreman answers in the affirmative, they must, on being required, declare the same.
” " Sec. 61. That the Code of Criminal Procedure for the Canal Zone is hereby amended by inserting therein, following section 202a, a new section numbered 202b, to read as follows: " “Sec. 202b. The jury may render a general verdict, or, when theyVerdict.General or special. are in doubt as to the legal effects of the facts proved, they may, except upon a trial for libel, find a special verdict.” " Sec. 62. That the Code of Criminal Procedure for the Canal Zone is hereby amended by inserting therein, following section 202b, a new section numbered 202c, to read as follows:
" “Sec. 202c . A special verdict is that by which the jury find the“Special verdict” defined. facts only, leaving the judgment to the court. It must present the conclusions of fact as established by the evidence, and not the evidence to prove them, and these conclusions of fact must be so presented as that nothing remains to the court but to draw conclusions of law upon them.” " Sec. 63. That the Code of Criminal Procedure for the Canal Zone is hereby amended by inserting therein, following section 202c, a new section numbered 202d, to read as follows:
" “Sec. 202d. The special verdict must be reduced to writing by theReduced to writing. jury, or in their presence entered upon the minutes of the court, read to the jury and agreed to by them, before they are discharged.” " Sec. 64. That the Code of Criminal Procedure for the Canal Zone is hereby amended by inserting therein, following section 202d, a new section numbered 202e, to read as follows: " “Sec. 202e. The special verdict need not be in any particular form,Form. but is sufficient if it present intelligibly the facts found by the jury.
” " Sec. 65. That the Code of Criminal Procedure for the Canal Zone is hereby amended by inserting therein, following section 202e, a new section numbered 202f, to read as follows:892 " “Sec. 202f. Judgment upon. The court must give judgment upon the special verdict as follows: “1. If the plea is not guilty, and the facts prove the defendant guilty of the offense charged in the information, or of any other offense of which he could be convicted under that information, judgment must be given accordingly.
But if otherwise, judgment of acquittal must be given. “2. If the plea is a former conviction or acquittal of the same offense, the court must give judgment of acquittal or conviction, as the facts prove or fail to prove the former conviction or acquittal.” " Sec. 66. That the Code of Criminal Procedure for the Canal Zone is hereby amended by inserting therein, following section 202f, a new section numbered 202g, to read as follows: " “Sec. 202g. New trial to be ordered if defective.
If the jury do not, in a special verdict, pronounce affirmatively or negatively on the facts necessary to enable the court to give judgment, or if they find the evidence of facts merely, and not the conclusions of fact, from the evidence, as established to their satisfaction, the court must order a new trial.” " Sec. 67. That the Code of Criminal Procedure for the Canal Zone is hereby amended by inserting therein, following section 202g, a new section numbered 202h, to read as follows:
" “Sec. 202h. Reconsideration by jury. When there is a verdict of conviction, in which it appears to the court that the jury have mistaken the law, the court may explain the reason for that opinion and direct the jury to reconsider their verdict, and if, after the reconsideration, they return the same verdict, it must be entered; but when there is a verdict of acquittal, the court can not require the jury to reconsider it. If the jury render a verdict which is neither general nor special, the court may direct them to reconsider it, and it can not be recorded until it is rendered in some form from which it can be clearly understood that the intent of the jury is either to render a general verdict or to find the facts specially and to leave the judgment to the court.
” " Sec. 68. That the Code of Criminal Procedure for the Canal Zone is hereby amended by inserting therein, following section 202h, a new section numbered 202i, to read as follows: " “Sec. 202i. Judgment on informal verdict. If the jury persist in finding an informal verdict, from which, however, it can be clearly understood that their intention is to find in favor of the defendant upon the issue, it must be entered in the terms in which it is found, and the court must give judgment of acquittal.
But no judgment of conviction can be given unless the jury expressly find against the defendant upon the issue, or judgment is given against him on a special verdict.” " Sec. 69. That the Code of Criminal Procedure for the Canal Zone is hereby amended by inserting therein, following section 202i, a new section numbered 202j, to read as follows: " “Sec. 202j. Polling of jury. When a verdict is rendered, and before it is recorded, the jury may be polled, at the request of either party, in which case they must be severally asked whether it is their verdict, and if anyone answer in the negative, the jury must be sent out for further deliberation.
” " Sec. 70. That the Code of Criminal Procedure for the Canal Zone is hereby amended by inserting therein, following section 202j, a new section numbered 202k, to read as follows: " “Sec. 202k. Recording verdict. When the verdict given is such as the court may receive, the clerk must immediately record it in full upon the minutes, read it to the jury, and inquire of them whether it is their verdict. If any juror disagree, the fact must be entered upon the minutes and the jury again sent out; but if no disagreement is 893expressed, the verdict is complete, and the jury must be dischargee from the case.
” " Sec. 71. That section 206 of the Code of Criminal Procedure for the Canal Zone is hereby amended to read as follows: " “Sec. 206. Whenever the fact of a previous conviction of anotherPrevious convictions.Jury to find on, when charged in information and denied. offense is charged in an information, the court or jury, if it finds a verdict of guilty of the offense with which he is charged, must also unless the answer of the defendant admits the charge, find whether or not he. has suffered such previous conviction.
The verdict of the court or jury upon a charge of a previous conviction may be: 4 The charge of previous conviction is true,’ or ‘The charge of previous conviction is not true.’ ” " Sec. 72. That, section 207 of the Code of Criminal Procedure for the Canal Zone is hereby amended to read as follows: " “Sec. 207. The court or jury may find the defendant guilty of anyConviction for lesser offense, or attempt. offense, the commission of which is necessarily included in that with which he is charged, or of an attempt to commit the offense.
” " Sec. 73. That, section 208 of the Code of Criminal Procedure for the Canal Zone is hereby amended to read as follows: " “Sec. 208. On an information against several, if the court orVerdict as to some defendants. jury can not agree upon a verdict as to all, they may render a verdict as to those in regard to whom they do agree, on which a judgment must be entered accordingly, and the case as to the others may beRetirement as to others. retired.” " Sec. 74. That the Code of Criminal Procedure for the Canal Zone is hereby amended by inserting therein, following section 209, a new section numbered 209a, to read as follows:
" “Sec. 209a. The court may, without regard to the consent orSigning and sealing of verdict. objection of parties, direct the jury, in case they should agree, to sign the verdict, place it in an envelope, and return it into open court, or may direct the marshal to permit the jury, upon agreement, to sign and seal their verdict and return it into open court the following morning, or, upon the jury’s coming into court to report agreement, counsel being absent, may instruct the jury to seal their verdict and return it into court on the following day.
” " Sec. 75. That the Code of Criminal Procedure for the Canal Zone is hereby amended by inserting therein, following section 209a, a new section numbered 209b, to read as follows: " “Sec. 209b. All criminal cases in the district court in which a juryNumber of jurors.Criminal cases. is had, shall be tried by a jury of twelve, all of whom must concur to render a verdict.” " Sec. 76. That, section 210 of the Code of Criminal Procedure for the Canal Zone is hereby amended to read as follows:
" “Sec. 210. An exception is an objection upon a matter of law to a“Exception” defined. decision made by a court, tribunal, judge, or other judicial officer in an action or proceeding. Except as provided in section 212,When taken. the exception must be taken at the time the decision is made. RulingsRulings on minor discretionary matters. of the court upon minor discretionary matters, such as adjournments, postponements of trials, and the like, shall not be subject to exception.
” " Sec. 77. That, section 212 of the Code of Criminal Procedure for the Canal Zone is hereby amended to read as follows: " “Sec. 212. The verdict of the jury, the final decision in an actionWhat deemed to have been excepted to. or proceeding, an interlocutory order or decision finally determining the. rights of the parties or some of them, an order or decision from which an appeal may be taken, an order sustaining or overruling a demurrer,, granting or refusing a motion to set aside an information, a motion in arrest of judgment, a motion for a new trial, making or refusing to make an order after judgment affecting any substantial 894rights of the parties, refusing to grant a change of the place of trial, allowing or refusing to allow an amendment to a pleading, striking out a pleading or a portion thereof, an order made upon ex parte application, an order or decision made in the absence of a party, and instructions given or refused, are deemed to have been excepted to.
” " Sec. 78. That section 214 of the Code of Criminal Procedure for the Canal Zone is hereby amended to read as follows: " “Sec. 214. Bill of exceptions.Preparation, delivery, etc. Where a party desires to have the exceptions settled in a bill of exceptions, the draft of a bill must be prepared by him and presented, upon notice of at least two days to the adverse party, to the judge for settlement within ten days after the announcement of the verdict, unless further time is granted by the judge, or within that period the draft must be delivered to the clerk of the court for the judge.
When received by the clerk, he must deliver it to the judge, or transmit it to him at the earliest period practicable. When settled, the bill must be signed by the judge and filed with the clerk of the court. If the judge in any case refuses to allow an exception in accordance with the facts, the party desiring the bill settled may apply by petition to the United States Circuit Court of Appeals for the Fifth Circuit to prove the same. The application may be made in the mode and manner and under such regulations as that court may prescribe; and the bill, when proven, must be certified by the court as correct, and filed with the clerk of the court in which the action was tried, and when so filed, it has the same force and effect as if settled by the judge who tried the cause.
If the judge who presided at the trial ceases to hold office before the bill is tendered or settled, he may nevertheless settle such bill, or the party may, as provided in this section, apply to the Circuit Court of Appeals for the Fifth Circuit to prove the same.” " Sec. 79. That section 215 of the Code of Criminal Procedure for the Canal Zone is hereby amended to read as follows: " “Sec. 215. Contents and form. A bill of exceptions must contain only so much of the evidence as may be necessary to present clearly the questions of law involved in the rulings to which exceptions are reserved, and such evidence as is embraced therein shall be set forth in condensed and narrative form, save as a proper understanding of the questions presented may require that parts of it be set forth otherwise.
” " Sec. 80. That the Code of Criminal Procedure for the Canal Zone is hereby amended by inserting therein, following section 215, a new section numbered 215a, to read as follows: " “Sec. 215a. Matter not to be included. No bill of exceptions shall be allowed which shall contain the charge of the court at large to the jury, upon any general exception to the whole of such charge. But the party excepting shall be required to state distinctly the several matters of law in such charge to which he excepts; and those matters of law, and those only, shall be inserted in the bill of exceptions and allowed by the court.
” " Sec. 81. That section 219 of the Code of Criminal Procedure for the Canal Zone is hereby amended to read as follows: " “Sec. 219. Motion for new trial.When may be made. A motion for a new trial shall be made only after verdict of the jury or decision by the court, and before judgment. Such motion shall be filed within five days after verdict of the jury or decision by the court, unless, for good cause shown, the court or Writing, etc.judge, within such five-day period, extends such time.
Such motion shall be in writing and must set out specifically the grounds upon which the same is made. When a ground of a motion is the insufficiency of the evidence to justify the verdict or decision, the motion must specify the particulars in which the evidence is alleged to be insufficient. If a ground of the motion be error in law occurring 895at the trial and excepted to by the moving party, the motion must specify the particular errors upon which the party will rely, and in the case of a question as to the admissibility of evidence the question, objection or motion, ruling, and exception thereto must be fully set out.
Such motion shall be heard and determined as speedily as possible after the same is filed.” " Sec. 82. That section 237 of the Code of Criminal Procedure for the Canal Zone is hereby amended to read as follows: " “Sec. 237. A judgment that the defendant pay a fine and costsImprisonment until fine paid. may also direct that he be imprisoned until the fine and costs be satisfied. But the judgment must specify the extent of the imprisonment, which must not exceed one day for every dollar of the fine and costs, nor extend in any case beyond the term for which the defendant might be sentenced to imprisonment for the offense of which he has been convicted.
” " Sec. 84. That subsection 1 of section 241 of the Code of CriminalPapers to be filed. Procedure for the Canal Zone is hereby amended to read as follows: " “Sec. 241. * * * 1. The information, and a copy of the minutes of the plea or demurrer.” " Sec. 84a. That section 242 of the Code of Criminal Procedure forPapers filed when judgment upon conviction rendered.Execution of judgment other than of death. the Canal Zone is hereby amended to read as follows: " “Sec. 242. When a judgment, other than death, has been pronounced, the clerk shall forthwith furnish a mittimus 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.
” " Sec. 85. That section 243 of the Code of Criminal Procedure for the Canal Zone is hereby amended to read as follows: " “Sec. 243. If the judgment is for a fine and costs alone, executionAttachments. may be issued thereon attaching the property of the defendant.” " Sec. 86. That, section 244 of the Code of Criminal Procedure for the Canal Zone is hereby amended to read as follows: " “Sec. 244. If the judgment is for imprisonment, or a fine and costsImprisonment. and imprisonment until they be paid, the defendant must forthwith be committed to the custody of the proper officer, and by him detained until the judgment is complied with.
” " Sec. 87. That section 289 of the Code of Criminal Procedure for the Canal Zone is hereby amended to read as follows: " “Sec. 289. After conviction of an offense not punishable withAdmission to bail, when not judgment of death. death, a defendant who has appealed may be admitted to bail— “1. As a matter of right, when the appeal is from a judgment imposing a fine only. “2. As a matter of right, when the appeal is from a judgment imposing imprisonment in cases of misdemeanor.
“3. As a matter of discretion in all other cases.” " Sec. 88. That section 290 of the Code of Criminal Procedure for the Canal Zone is hereby amended to read as follows: " “Sec. 290. If the offense is bailable, the defendant may be admittedBailable offenses, before conviction. to bail before conviction— “1. For his appearance before a magistrate for trial or for preliminary investigation in cases triable in the district court. “2. To appear at the court to which the magistrate is required to return the complaint and warrant, upon the defendant being held to answer after investigation.
“3. After the information is filed either before the bench warrant is issued for his arrest, or upon any order of the court committing him, or enlarging the amount of bail, or upon his being surrendered 896by his bail, to answer the information in the court in which it is found or to which it may be transferred for trial. “And after conviction, and upon appeal— “4. Upon appeal. If the appeal is from a judgment imposing a fine only, on the undertaking of bail that he will pay the same, or such part of it as the appellate court may direct, if the judgment is affirmed or modified, or the appeal is dismissed.
“5. If judgment of imprisonment has been given, that he will surrender himself in execution of the judgment, upon its being affirmed or modified, or that in case the judgment be reversed and the cause be remanded for a new trial, that he will appear in the court to which said cause may be remanded, and submit himself to the orders and process thereof.” " Sec. 88–A. That the Code of Criminal Procedure for the Canal Zone is hereby amended by adding after section 291 thereof a section reading as follows:
" “Sec. 291a. Deposit of bond, when arrest in misdemeanor case. When an arrest is made, either with or without a warrant, in a misdemeanor case triable in a magistrate’s court, and for any reason the officer making the arrest is unable to take the offender forthwith before a magistrate, he may take such offender forthwith to the nearest police station and the officer in charge thereof may accept bond, or a cash deposit in lieu thereof, in a sum not exceeding $500, to secure the appearance of the offender before the magistrate having jurisdiction of the case, and the offender shall then be released from custody, and the bond, or cash deposit in lieu thereof, shall be delivered to the magistrate having jurisdiction of the case, and a receipt for such bond or deposit shall be given to such officer by said magistrate.
Disposition of money deposit.Post, p. 897.“When a money deposit is made in lieu of bail bond the deposit shall be held and disposed of in accordance with the provisions of sections 305, 306, 307, 310, and 311.” " Sec. 89. That section 293 of the Code of Criminal Procedure for the Canal Zone is hereby amended to read as follows: " “Sec. 293. Form of undertaking when held to answer after preliminary hearing. Bail upon being held to answer after a preliminary investigation is a written undertaking, executed by two sufficient sureties (with or without the defendant, in the discretion of the court or magistrate), and acknowledged before the court or magistrate in substantially the following form:
“ ‘An order having been made on the ______ day of _________ A. D. 19__, by _________ (as the officer may be), that __________ be held to answer upon a charge of (stating briefly the nature of the offense) upon which he has been admitted to bail in the sum of _________ dollars; we, _________ and_________ of _________ (stating their place of residence and occupation), hereby undertake that the above-named _________, will appear and answer any information growing out of the charge above mentioned, in whatever court it may be prosecuted, and will at all times hold himself amenable to the order and process of the court, and if convicted, will appear for judgment, and render himself in execution thereof; or, if he fails to perform either of these conditions, that we will pay to the Government of the Canal Zone, the sum of ________ dollars (inserting the sum in which the defendant is admitted to bail).’ ” " Sec. 90.
Qualifications of sureties.Residence. That subdivision 1 of section 294 of the Code of Criminal Procedure for the Canal Zone is hereby amended to read as follows: " “1. Each of them must be a resident of the Canal Zone.” " Sec. 91. That section 297 of the Code of Criminal Procedure for the Canal Zone is hereby amended to read as follows: " “Sec. 297. Continuance of bail for appearance in district court, etc. The bail fixed by a magistrate under sections 292 to 296 upon holding the defendant to answer for an offense triable in 897the 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 himself in execution thereof.
” " 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 whichIncreasing, etc., amount of bail when information filed. the charge is pending, may fix, or, upon good cause shown, either 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: " “Sec. 304. The sureties must possess the qualifications, and theAdditional requirements. 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 290 for undertakings of bail on appeal.
” " Sec. 94. That section 305 of the Code of Criminal Procedure for the Canal Zone is hereby amended to read as follows: " “Sec. 305. The defendant in a criminal proceeding may make aCash deposit in lieu of bail 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.” " Sec. 95. That section 307 of the Code of Criminal Procedure for the Canal Zone is hereby amended to read as follows:
" “Sec. 307. When money has been deposited, if it remains onApplication of, in satisfaction of fine. deposit at the time of a judgment for the payment of a fine, the magistrate, or the clerk of the district court under the direction of the court, as the case may be, must apply the money in satisfaction thereof, and after satisfying the fine and costs, must refund theRefund or deposit of 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: " “Sec. 313. If, by reason of the neglect of the defendant to appear,Forfeiture of deposit on failure to appear. money deposited instead of bail is forfeited, and the forfeiture is not discharged or remitted, the magistrate, or the clerk of the district court, as the case may be, with whom it is deposited must pay over the same to the collector of the Panama Canal 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: " “Sec. 315. The court to which the magistrate commits the defendant,Recommitment of defendant after bail given. 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 committed at the time of giving bail, and his detention until legally discharged, in the following cases:
“1. When, by reason of his failure to appear, he has incurred aIn what cases had. forfeiture of his bail, or of money deposited instead thereof.898 “2. When it satisfactorily appears to the court that his bail, or either of them, are dead or insufficient, or have removed from the Canal Zone.” " Sec. 98. That section 320 of the Code of Criminal Procedure for the Canal Zone is hereby amended to read as follows: " “Sec. 320. When the defendant is admitted to bail, the bail may be taken by any magistrate.
” " Sec. 99. That section 322 of the Code of Criminal Procedure for the Canal Zone is hereby amended to read as follows: " “Sec. 322. “Subpoena” defined. The process by which the attendance of a witness before a court or magistrate is required is a subpoena. It may be signed and issued by: “1. Who may sign and issue. A magistrate before whom a complaint is made, for witnesses in the Canal Zone, either on behalf of the Government or of the defendant. “2. The judge of the district court.
“3. The clerk of the district court upon application of either the district attorney or the defendant. “4. A magistrate or the clerk of the district court must, at any time and without charge, issue subpoenas for witnesses for the defendant upon his request.” " Sec. 100. That section 323 of the Code of Criminal Procedure for the Canal Zone is hereby amended to read as follows: " “Sec. 323. Form of. A subpoena authorized by the preceding section must be substantially in the following form:
“ ‘ The government of the Canal Zone: “ ‘ You are commanded to appear before (the district court or the magistrate) of (division or subdivision) (or as the case may be) at (naming the place) on (stating the day and hour), as a witness in a criminal action prosecuted by the government of the Canal Zone. “ ‘ Given under my hand this day of A. D. 19 . (Magistrate, or “By order of the court, clerk,” or as the case may be).’ If books, papers or documents are required, a direction to the following effect must be contained in the subpoena: ‘And you are required also to bring with you the following (describing intelligibly the books, papers, or documents required).’ ” " Sec. 101.
That section 325 of the Code of Criminal Procedure for the Canal Zone is hereby amended to read as follows: " “Sec. 325. Witness’ expenses. When a person attends before a magistrate or court as a witness in a criminal case, upon a subpoena or in pursuance of an undertaking to testify on behalf of the prosecution, and it appears that he has come from a place more than three miles distant from the place where he is to appear, or that he is poor and unable to pay the expenses of such attendance, the court, in its discretion, if the attendance of the witness be upon a trial, by an order upon its minutes, or in any other case, the judge, at his discretion, by a written order, may direct the clerk of the court to pay the witness a reasonable sum to pay his expenses, which shall be charged against his per diem.
" Sec. 102. That the Code of Criminal Procedure for the Canal Zone is hereby amended by inserting therein, following section 328, a new section numbered 328a, to read as follows: " “Sec. 328a. Rules to determine competency of witnesses. The rules for determining the competency of witnesses in civil actions are applicable also to criminal actions and proceedings except as otherwise provided in this code.” " Sec. 103. That the Code of Criminal Procedure for the Canal Zone is hereby amended by inserting therein, following section 328a, a new section numbered 328b, to read as follows:899 " “Sec. 328b.
Neither husband nor wife is a competent witness forHusband and wife. or against the other in a criminal action or proceeding to which one or both are parties, except with the consent of both, or in case of criminal actions or proceedings for a crime committed by one against the person or property of the other, or in cases of criminal violence upon one by the other, or in cases of criminal actions or proceedings for bigamy, or adultery, or in cases of criminal actions or proceedings brought under provisions of law requiring the husband to furnish proper maintenance and support to wife and minor children and providing for punishment for abandonment of wife or minor children.
” " Sec. 104. That the Code of Criminal Procedure for the Canal Zone is hereby amended by inserting therein, following section 328b, a new section numbered 328c, to read as follows: " “Sec. 328c. A defendant in a criminal action or proceeding can notDefendant as witness. be compelled to be a witness against himself; but if he offers himself as a witness, he may be cross-examined by the counsel for the government as to all matters about which he was examined in chief. His neglect or refusal to be a witness can not in any manner prejudice him nor be used against him on the trial or proceeding.
” " Sec. 105. That section 329 of the Code of Criminal Procedure for the Canal Zone is hereby amended to read as follows: " “Sec. 329. When defendant has been held to answer a charge forConditional examinations. a public offense either or both defendant and the government may, either before or after an information, have witnesses examined conditionally in his or its behalf, as prescribed in this chapter.” " Sec. 106. That section 330 of the Code of Criminal Procedure for the Canal Zone is hereby amended to read as follows:
" “Sec. 330. When a material witness for the defendant, or for theWhen may be had. Government, is about to leave the Canal Zone, or is so sick or infirm as to afford reasonable grounds for apprehension that he will be unable to attend the trial, the defendant or the Government may apply for an order that the witness be examined conditionally.” " Sec. 107. That section 331 of the Code of Criminal Procedure for the Canal Zone is hereby amended to read as follows: " “Sec. 331. The application must be made upon affidavit stating:Application for.
“1. The nature of the offense charged; “2. The state of the proceedings in the action; “3. The name and residence of the witness, and that his testimony is material to the defense or the prosecution of the action; “4. That the witness is about to leave the Canal Zone, or is so sick or infirm as to afford reasonable grounds for apprehending that he will not be able to attend the trial. “The application may be made to the district court or the judge thereof, and in case of his absence or inability to act may be made to a magistrate, and must be made upon three days’ notice to the opposite party.
” " Sec. 108. That section 332 of the Code of Criminal Procedure for the Canal Zone is hereby amended to read as follows: " “Sec. 332. If the court, judge, or magistrate is satisfied that theOrder to issue. examination of the witness is necessary, an order must be made that the witness be examined conditionally, at a specified time and place, and before a magistrate designated therein.” " Sec. 109. That section 333 of the Code of Criminal Procedure for the Canal Zone is hereby amended to read as follows:
" “Sec. 333. The defendant has the right to be present in personRight of defendant to be present in person. and with counsel at such examination, and if the defendant is in 900custody, the officer in whose custody he is, must be informed of the time and place of such examination and must take the defendant thereto and keep him in the presence and hearing of the witness during the examination.” " Sec. 110. When conditions on which order for examination based do not exist. That section 334 of the Code of Criminal Procedure for the Canal Zone is hereby amended to read as follows:
" “Sec. 334. If, at the time and place so designated, it is shown to the satisfaction of the magistrate that the witness is not about to leave the Canal Zone, or is not sick or infirm, or that the application Dismissal of actions.was made to avoid the examination of the witness on the trial, the examination can not take place.” " Sec. 111. Information not filed within 20 days, etc. That the word “sixty” in subsection 1 of section 362 of the Code of Criminal Procedure for the Canal Zone is hereby amended to read “twenty.
” Sec. 112. That section 366 of the Code of Criminal Procedure for the Canal Zone is hereby amended to read as follows: " “Sec. 366. Order of dismissal as bar to subsequent prosecution for same offense. An order for the dismissal of the action, as provided in this chapter, is a bar to any other prosecution for the same offense, if it is a misdemeanor, unless such order is explicitly made for the purpose of amending the complaint in such action, in which instance such order for dismissal of the action shall not act as a bar to a If offense a felony.prosecution upon such amended complaint; but an order for the dismissal of the action is not a bar if the offense is a felony.
” " Sec. 113. That section 368 of the Code of Criminal Procedure for the Canal Zone is hereby amended to read as follows: " “Sec. 368. Service of summons. The summons must be served at least five days before the day of appearance fixed therein, by delivering a copy thereof and showing the original to the president or other head of the corporation, or to the secretary, cashier, or managing agent within the Canal Zone.” " Sec. 114. That section 379 of the Code of Criminal Procedure for the Canal Zone is hereby amended to read as follows:
" “Sec. 379. Sale of unclaimed stolen, etc., property, after conviction of defendant. If the property stolen or embezzled is not claimed by the owner before the expiration of six months from the conviction of a person for stealing or embezzling it, the court shall order it sold on such terms and under such conditions as the court shall direct. The officer making such sale shall return the proceeds into court, whereupon the court shall order the balance of such proceeds, after deducting therefrom the expenses incurred in the preservation and sale of the property, to be delivered to the collector of the Panama Canal to be covered into the Treasury of the United States as miscellaneous receipts.
” " Sec. 115. That section 399 of the Code of Criminal Procedure for the Canal Zone is hereby amended to read as follows: " “Sec. 399. Writ of habeas corpus. Any person who has been committed on a criminal charge may be brought before the district judge on a writ of habeas corpus.” " Sec. 116. The Code of Criminal Procedure for the Canal Zone is hereby amended by inserting therein, following section 413, a new section numbered 413a, to read as follows: " “Sec. 413a. Jurisdiction, etc., of magistrate in absence of judge.
During the absence of the district judge, the powers conferred upon said judge and the jurisdiction conferred upon the district court by this chapter may be exercised by a magistrate or a *Proviso*.Restrictions.magistrate’s court: *Provided*, *however*, That the magistrate herein referred to must be one other than one who has committed the party to jail. In the event the magistrate or magistrate’s court denies the 901writ, the proceedings may be begun and proceeded with de novo before the district judge or district court upon the return of the district judge.
” " Sec. 117. That section 427 of the Code of Criminal Procedure for the Canal Zone is hereby amended to read as follows: " “Sec. 427. When the property is delivered to a court, judge, orStolen, etc., property.Disposition of. magistrate, he must, if it was stolen or embezzled, dispose of it as provided in sections 376 to 381, inclusive. If it was taken on a warrant issued on the grounds stated in the second and third subdivisions of section 415, he must retain it in his possession, subject to the order of the court to which he is required to return the proceedings before him, or of any other court in which the offense in respect to which the property taken is triable.
” " Sec. 118. That section 447 of the Code of Criminal Procedure for the Canal Zone is hereby amended to read as follows: " “Sec. 447. In case in any penal institution there should not beTransfer of prisoners. sufficient room for the prisoners confined therein, or, in the cases of women prisoners or of prisoners under eighteen years of age, if the governor determines that the public welfare will best be subserved by their imprisonment elsewhere than at Gamboa, they shall be transferred to such penal institutions within the Canal Zone as the governor may designate.
“This transfer, however, will not aggravate or affect in any way the condition of the prisoners, who will serve in accordance with the penalty to which they have been sentenced.” " Sec. 119. That the following sections of the Code of Criminal ProcedureSections repealed. for the Canal Zone be, and they are hereby, repealed: Sections 13, 29, 39, 42, 54, 55, 56, 65, 68, 69, 91, 95, 98, 99,100, 102,104,106,120, 121, 130, 132, 152, 203, 211, 238, 240, 298, 299, 300, and 301. That the Executive order of July 28, 1925, prescribing rules ofRepeal of Executive order, No. 4276. practice and procedure for the District Court of the Canal Zone, be, and it is hereby, repealed.
Sec. 120. This Act shall apply to criminal actions and proceedingsApplicability of Act. from the time it takes effect except that all such actions and proceedings theretofore commenced shall be conducted in the same manner as if this Act had not been passed. Approved, February 21, 1933. Authorizing the acceptance of title to sites for public building projects subject to the reservation of ore and mineral rights. 1933-02-23 113 Chapter 47 Stat. 901 72 2 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
Digitization Vendor 2024-12-27 public [CHAPTER 113.] AN ACT Authorizing the acceptance of title to sites for public building projects subject to the reservation of ore and mineral rights.February 23, 1933.[[S. 5588](/us/bill/72/s/5588).][
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