§ 4233. Service of subpoena

(a) A subpoena shall be served as provided by Rule 17(d) of the Federal Rules of Criminal Procedure.

(b) A peace officer shall serve a subpoena delivered to him for service, either on the part of the Government or of the defendant, and shall, without delay, make a written return of the service, subscribed by him, stating the time and place of service.

§ 4234. Tendering fees and mileage

(a) Notwithstanding Rule 17 (d) of the Federal Rules of Criminal Procedure, fees and mileage need not be tendered to the witness upon service of a subpoena issued on behalf of the Government of the Canal Zone.

(b) When a person attends before a court or magistrate as a witness in a criminal action, 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 his attendance, the court or magistrate, in its or his discretion, by an order upon the minutes if the attendance of the witness is upon a trial and by a written order in any other case, may direct the payment to the witness of a reasonable sum to pay his expenses, which sum shall be charged against his per diem.

§ 4235. Place of service; subpoena for taking deposition

(a) In criminal actions originally triable in the district court, a subpoena requiring the attendance of a witness at a hearing or trial may be served at any place within the United States.

(b) In criminal actions triable in a magistrate's court, and in trials in the district court on appeal from a magistrate's court, a subpoena requiring the attendance of a witness at a hearing or trial may be served at any place within the Canal Zone.

(c) Notwithstanding Rule 17 (f) (2) of the Federal Rules of Criminal Procedure, a subpoena for a deposition to be taken in the Canal Zone may be served, and attendance of the witness may be required, anywhere within the Canal Zone.

§ 4236. Civil liability for disobedience

A witness disobeying a subpoena in a criminal action issued on the part of the defendant, unless he shows good cause for his nonattendance, is liable to the defendant in the sum of $100, which may be recovered in a civil action.

§ 4237. Summoning witnesses for trial in magistrate's court

(a) When 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 them to testify in the cause. The subpoenas shall state the day, hour and place of trial.

(b) Rule 17(b) of the Federal Rules of Criminal Procedure applies to the issuance of subpoenas by a magistrate's court at the request of an indigent defendant, and the payment of costs and fees therefor.

(c) When a day is set for trial by the magistrate, the witnesses for the prosecution shall immediately be summoned. Subpoenas being issued and served upon them, they shall appear before the magistrate where the trial is to take place.

§ 4238. Prisoner as witness

(a) When the testimony of a material witness for the Government or the defendant is required before a court in a criminal action and the witness is a prisoner in the penitentiary, or in jail, an order for his

temporary removal from the penitentiary or jail, and for his production before the court, may be made by the court in which the action is pending, or by the judge thereof. The order may only be made upon the affidavit of the United States attorney or other person on behalf of the Government, or of the defendant or his counsel, showing that the testimony is material and necessary.

(b) The order shall be directed to the warden of the penitentiary or the keeper of the jail in which the prisoner is confined and the warden or keeper or their designees shall bring the prisoner before the proper court and safely keep him, and when he is no longer required as a witness, return him to the penitentiary or jail. The expense of executing the order shall be paid from the funds of the Canal Zone Government.

(c) When the testimony of a material witness who is a prisoner is required in an investigation being conducted by the United States attorney, an order may be made pursuant to this section by the district judge or, in his absence, by a magistrate.

Subchapter IV-Depositions

Article A-Depositions Generally

§ 4271. Depositions on motion of defendant

(a) Except as provided by this section, Rule 15 of the Federal Rules of Criminal Procedure, relating to depositions, applies to criminal actions in the district court and the magistrates' courts.

(b) An order to take a deposition may be made at any time after the filing of a complaint. Prior to the filing of the information in an action triable in the district court, or prior to the filing of the complaint on appeal in the district court in an action triable in a magistrate's court, the order shall be made by a magistrate. After the filing of the information or complaint in the district court, the order shall be made by the district court.

(c) In addition to the provisions of Rule 15 (e) of the Federal Rules of Criminal Procedure, a deposition taken under Rule 15 may be used in the Canal Zone at a trial or upon any hearing if it appears that the witness is out of the Canal Zone, unless it appears that the absence of the witness was procured by the party offering the deposition.

Article B-Examination of Witness Conditionally

§ 4291. Right to have witnesses examined conditionally

At any time after the preliminary examination in an action triable in the district court, or after the defendant's arrest in an action triable in a magistrate's court, either or both the defendant and the Government may have witnesses examined conditionally in his or its behalf, as prescribed by sections 4291-4301 of this title.

§ 4292. Grounds for examination

When a material witness for the defendant, or for the 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.

§ 4293. Form of application for order

The application for conditional examination shall be made upon affidavit stating:

(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; and

(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.

§ 4294. Application for order to district court or magistrate

(a) Prior to the filing of the information in an action triable in the district court, or prior to the filing of the complaint on appeal in the district court in an action triable in a magistrate's court, the application for conditional examination may be made to a magistrate. After the filing of the information or complaint in the district court, the application may be made to the district court or the judge thereof, or in case of his absence or inability to act to a magistrate.

(b) Three days notice of the application shall be given to the adverse party.

§ 4295. Order for examination

If the court, judge or magistrate is satisfied that the examination of the witness is necessary, an order shall be made that the witness be examined conditionally, at a specified time and place, and before a judge or magistrate designated therein.

§ 4296. Examination not to take place when grounds nonexistent If, at the time and place designated, it is shown to the satisfaction of the court, judge or magistrate that the witness is not about to leave the Canal Zone, or is not sick or infirm, or that the application was made to avoid the examination of the witness on the trial, the examination may not take place.

§ 4297. Presence of defendant at examination

The defendant has the right to be present in person and with counsel at the examination, and if the defendant is in custody, the officer in whose custody he is, shall be informed of the time and place of the examination and shall take the defendant thereto and keep him in the presence and hearing of the witness during the examination. § 4298. Subpoena for witness

(a) The attendance of the witness may be enforced by a subpoena, issued by the judge or magistrate before whom the examination is to be taken.

(b) The subpoena may be served, and attendance of the witness may be required, anywhere within the Canal Zone.

84299. Testimony; reduction to writing; authentication

The testimony given by the witness shall be reduced to writing and properly authenticated.

§ 4300. Transmittal of deposition to court

The judge or magistrate shall seal up the deposition taken and transmit it to the clerk of the court in which the action is pending or may come for trial.

§ 4301. Use of deposition in evidence

The deposition, or a certified copy thereof, may be read in evidence by either party on the trial, upon its appearing that the witness is unable to attend, by reason of his death, insanity, sickness or infirmity, or of his continued absence from the Canal Zone. Upon reading the deposition in evidence, the same objections may be taken to a question or answer contained therein as if the witness had been examined orally in court.

Subchapter V-Securing the Attendance of Witnesses from Without a State in Criminal Proceedings

§ 4331. Definitions

As used in this subchapter:

"witness" includes a person whose testimony is desired in any proceeding or investigation by a grand jury or in a criminal action, prosecution or proceeding;

"State" includes any territory of the United States, the Canal Zone, the District of Columbia, and the Commonwealth of Puerto Rico; and

"summons" includes a subpoena, order or other notice requiring the appearance of a witness.

§ 4332. Summoning witness in Canal Zone to testify in another State

If a judge of a court of record in any State which by its laws has made provision for commanding persons within that State to attend and testify in the Canal Zone certifies under the seal of the court that there is a criminal prosecution pending in that court, or that a grand jury investigation has commenced or is about to commence, that a person being within the Canal Zone is a material witness in the prosecution or grand jury investigation, and that his presence will be required for a specified number of days, upon presentation of the certificate to the judge of the district court, the judge shall fix a time and place for a hearing, and shall make an order directing the witness to appear at a time and place certain for the hearing.

If at a hearing the judge determines that the witness is material and necessary, that it will not cause undue hardship to the witness to be compelled to attend and testify in the prosecution or a grand jury investigation in the other State, and that the laws of the State in which the prosecution is pending or grand jury investigation has commenced or is about to commence, and of any other State through which the witness may be required to pass by ordinary course of travel, will give to him protection from arrest and the service of civil and criminal process, he shall issue a summons, with a copy of the certificate attached, directing the witness to attend and testify in the court where the prosecution is pending or where a grand jury investigation has commenced or is about to commence, at a time and place specified in the summons. In such a hearing the certificate is prima facie evidence of all the facts stated therein.

If the certificate recommends that the witness be taken into immediate custody and delivered to an officer of the requesting State to assure his attendance in the requesting State, the judge may, in lieu of notification of the hearing, direct that the witness be forthwith brought before him for the hearing; and the judge at the hearing being satisfied of the desirability of the custody and delivery, for which determination the certificate shall be prima facie proof of such desirability may, in lieu of issuing subpoena or summons. order that the witness be forthwith taken into custody and delivered to an officer of the requesting State.

If a witness, who is summoned as above provided, after being paid or tendered by a properly authorized person the sum of 10 cents a mile for each mile by the ordinary traveled route to and from the court where the prosecution is pending and five dollars for each day, that he is required to travel and attend as a witness, fails without good cause to attend and testify as directed in the summons, he shall be punished in the manner provided for the punishment of any witness who disobeys a summons issued from the district court.

§ 4333. Witness from another State summoned to testify in the

Canal Zone

If a person in any State, which by its laws has made provision for commanding persons within its borders to attend and testify in criminal prosecutions in the Canal Zone, is a material witness in a prosecution originally triable and pending in the district court, the judge of the district court may issue a certificate under the seal of the court stating these facts and specifying the number of days the witness will be required. The certificate may include a recommendation that the witness be taken into immediate custody and delivered to an officer of the Canal Zone to assure his attendance in the Canal Zone. The certificate shall be presented to a judge of a court of record in the county in which the witness is found.

If a witness is summoned to attend and testify in the Canal Zone he shall be tendered the sum of 10 cents a mile for each mile by the ordinary traveled route to and from the district court and five dollars for each day that he is required to travel and attend as a witness. A witness who has appeared in accordance with the provisions of the summons shall not be required to remain within the Canal Zone a longer period of time than the period mentioned in the certificate, unless otherwise ordered by the court. If the witness, after coming into the Canal Zone, fails without good cause to attend and testify as directed in the summons, he shall be punished in the manner provided for the punishment of any witness who disobeys a summons issued from the district court.

A certificate need not be issued pursuant to this section if it appears that the attendance of the witness can be obtained under Rule 17 of the Federal Rules of Criminal Procedure.

§ 4334. Exemption from arrest and service of process

If a person comes into the Canal Zone in obedience to a summons directing him to attend and testify in the Canal Zone he shall not while in the Canal Zone pursuant to such summons be subject to arrest or the service of process, civil or criminal, in connection with matters which arose before his entrance into the Canal Zone under the summons.

If a person passes through the Canal Zone while going to another State in obedience to a summons to attend and testify in that State or while returning therefrom, he is not while so passing through the Canal Zone subject to arrest or the service of process, civil or criminal, in connection with matters which arose before his entrance into the Canal Zone under the summons.

§ 4335. Uniformity of interpretation

This subchapter shall be so interpreted and construed as to effectuate its general purpose to make uniform the law of the States which enact it.

§ 4336. Short title

This subchapter may be cited as the Uniform Act to Secure the Attendance of Witnesses from Without a State in Criminal Proceedings.

CHAPTER 219-JUDGMENT AND EXECUTION; APPEALS

4371. Circumstances in aggravation or mitigation of punishment. 4372. Imprisonment for nonpayment of fine and costs in district court. 4373. Imprisonment for nonpayment of fine in magistrate's court.

4374. Discharge of indigent prisoner.

4375. Mitigation of punishment when act already punished as contempt. 4376. Discharge or detention of defendant after acquittal.

4377. Appeals by Government of the Canal Zone.