deliver the defendant, shall execute the judgment at a specified time. The warden shall execute the judgment accordingly.

From an order fixing the time for and directing the execution of a judgment, as provided in this section, there shall be no appeal.

§ 4461. Mode of inflicting punishment of death

The punishment of death shall be inflicted by hanging the defendant by the neck until he is dead.

§ 4462. Place of execution of judgment of death; persons present

A judgment of death shall be executed within the walls of the penitentiary. The warden of the penitentiary shall be present at the execution, and shall invite the presence of a physician, the United States attorney, and at least 12 reputable residents of the Canal Zone, to be selected by him; and he shall, at the request of the defendant, permit such ministers of the Gospel, not exceeding two, as the defendant may name, and any persons, relatives or friends, not to exceed five, to be present at the execution, together with such peace officers as he may think expedient, to witness the execution. No other persons than those mentioned in this section may be present at the execution, nor may any person under 21 years of age be allowed to witness it.

§ 4463. Return upon death warrant

After the execution of a judgment of death, the warden shall make a return upon the death warrant to the district court, showing the time and the mode in which it was executed.

CHAPTER 221-PROBATION

Sec.

SUBCHAPTER I-DISTRICT COURT

4491. Suspension of sentence and probation.

4492. Report of probation officer and arrest of probationer.

SUBCHAPTER II—MAGISTRATES' COURTS

4511. Suspension of sentence and probation.

4512. Conditions which may be imposed upon probationer.

Subchapter I-District Court

§ 4491. Suspension of sentence and probation

Section 3651 of Title 18, United States Code, applies to the United States District Court for the District of the Canal Zone. For such purpose, the references in that section to "any court having jurisdiction to try offenses against the United States" and "court" include the United States District Court for the District of the Canal Zone and all offenses of which it has jurisdiction; and the references therein to "defendant" include defendants convicted of offenses in that court.

§ 4492. Report of probation officer and arrest of probationer

Section 3653 of Title 18, United States Code, applies to the United States District Court for the District of the Canal Zone, to probationers under the jurisdiction of that court, to the probation officer for the Canal Zone, and, insofar as it also relates to powers and duties of United States marshals, to the United States marshal for the District of the Canal Zone. For such purpose, the references in that section to "court", "court for the district", and "court for the other district", include the United States District Court for the District of the Canal Zone; and the references therein to "district" include the Canal Zone.

Subchapter II-Magistrates' Courts

§ 4511. Suspension of sentence and probation

(a) After a conviction of, or a plea of guilty to, an offense tried in a magistrate's court, that court may, when it appears 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: (1) suspend the imposition or execution of sentence and place the defendant upon probation; or

(2) impose a fine and also place the defendant upon probation. (b) Probation granted under this section shall be upon such terms and conditions and for such period of time as the court deems best, but the period of probation, together with any extension thereof, may not exceed one year.

(c) The court may revoke or modify any condition of probation granted under this section or change the period thereof.

§ 4512. Conditions which may be imposed upon probationer A magistrate's court, in placing a defendant upon probation pursuant to section 4511 of this title, may require the probationer to:

Sec.

(1) pay in one or several sums a fine imposed at the time of being placed upon probation;

(2) make restitution or reparation to the aggrieved party for actual damages or loss caused by the offense for which conviction was had; and

(3) provide for the support of persons for whose support he is legally responsible.

CHAPTER 223-BAIL

SUBCHAPTER I-GENERAL PROVISIONS

4551. Admission to bail defined; authority to admit to bail.

4552. Taking of bail defined; excessive bail.

4553. Notice to United States attorney when bail discretionary.

4554. Time and terms of admission to bail.

4555. Qualifications of sureties.

4556. Bail upon being held to answer before information.

4557. Bail upon an information before conviction; continuation of prior bail.

4558. Fixing, increase or reduction of bail after information filed.

4559. Holding defendant in custody after appearance for trial.

SUBCHAPTER II-OFFENSES TRIABLE IN MAGISTRATES' COURTS

4591. Admission to bail.

4592. Form of bond; sureties.

4593. Commitment to jail on failure to furnish bond.

4594. Admission to bail by officer in charge of police station.

4595. Bail on appeal to the district court.

4596. Forfeiture and exoneration of bail.

SUBCHAPTER III-CASH DEPOSIT

4631. Right to make cash deposit.

4632. Certificate of deposit.

4633. Deposit in exoneration of bail.

4634. Application of deposit to fine and costs; surplus. 4635. Forfeiture and exoneration of deposit; disposition.

SUBCHAPTER IV-SURRENDER OF DEFENDANT

4671. Surrender of defendant and exoneration of bail or deposit. 4672. Arrest by bail or depositor.

4673. Return of deposit on surrender.

SUBCHAPTER V-RECOMMITMENT OF DEFENDANT; BENCH WARRANT

4701. Failure to appear; insufficient bail; bench warrant.

4702. Issuance and execution of bench warrant.

4703. Form and execution of bench warrant.

4704. Commitment or admission to bail.

Subchapter I-General Provisions

§ 4551. Admission to bail defined; authority to admit to bail (a) Admission to bail is the order by a competent court judge or magistrate that the defendant be discharged from actual custody upon bail.

(b) In the case of an offense punishable by death, admission to bail before conviction in the exercise of discretion as provided by Rule 46(a)(1) of the Federal Rules of Criminal Procedure may be by the magistrate or district judge before whom the proceeding is pending, or by a judge who has power to issue a writ of habeas corpus. § 4552. Taking of bail defined; excessive bail

The taking of bail consists in the acceptance by a competent court of the undertaking of sufficient bail for the appearance of the defendant, according to the terms of the undertaking, or that the bail will pay to the Government of the Canal Zone a specified sum. Excessive bail may not be required in any case.

§ 4553. Notice to United States attorney when bail discretionary When the admission to bail is a matter of discretion the court or officer to whom the application is made shall require reasonable notice thereof to be given to the United States attorney.

§ 4554. Time and terms of admission to bail

A defendant may be admitted to bail before conviction:

(1) for his appearance before a magistrate for trial or for preliminary examination in cases triable in the district court; (2) to appear in the district court to which the magistrate is required to return the complaint, upon the defendant being held to answer after preliminary examination; or

(3) after the information is filed either before a bench warrant is issued for his arrest, or upon an order of the court committing him, or enlarging the amount of bail, or upon his being surrendered by his bail to answer the information in the court in which it is found or to which it may be transferred for trial. 4555. Qualifications of sureties

(a) The qualifications of sureties, other than corporate sureties, are as follows:

(1) each of them must be a resident of the Canal Zone; and (2) each must be worth the amount specified in the undertaking, exclusive of property exempt from execution; but the court or judge, on taking bail, may allow more than two sureties to justify severally in amounts less than that expressed in the undertaking, if the whole justification is equivalent to that of sufficient bail.

(b) Corporate sureties are governed by sections 432 and 433 of Title 3.

§ 4556. Bail upon being held to answer before information

(a) When a defendant has been held to answer upon a preliminary examination for a public offense, the admission to bail may be by the magistrate by whom he is so held, or by any judge who has power to issue the writ of habeas corpus. The power of the magistrate to admit to bail extends to the time of filing of an information, and the magistrate may increase or reduce the amount of the bail in the manner provided by section 4558 of this title.

(b) Upon the allowance of bail and the execution of the undertaking, the magistrate or judge shall, if the defendant is in custody, make and sign an order for his discharge, upon the delivery of which to the proper officer the defendant shall be discharged.

§ 4557. Bail upon an information before conviction; continuation of prior bail

The bail fixed pursuant to section 4556 of this title, upon holding the defendant to answer for an offense triable in the district court, shall be construed to continue so as to require the defendant:

(1) to appear and answer the information filed in the district court;

(2) to render himself at all times amenable to the orders and process of the court; and

(3) if convicted to appear for judgment and render himself in execution thereof.

§ 4558. Fixing, increase or reduction of bail after information filed

After the filing of an information, the district court may fix, or, upon good cause shown, either increase or reduce the amount of bail. If the amount is increased the court may order the defendant to be committed to actual custody unless he gives bail in the increased amount. If application is made by the defendant for a reduction of the amount, notice of the application shall be served on the United States attorney.

§ 4559. Holding defendant in custody after appearance for trial When a defendant who has given bail appears for trial, the court may, in its discretion, at any time after his appearance for trial, order him to be committed to the custody of the keeper of the jail, to abide the judgment or further order of the court, and he shall be committed and held in custody accordingly.

Subchapter II-Offenses Triable in Magistrates' Courts

§ 4591. Admission to bail

If the offense charged against a person is triable in a magistrate's court, the defendant shall be admitted to bail upon executing a bond in a sum not exceeding $1,000, to be fixed by the magistrate.

§ 4592. Form of bond; sureties

(a) The bond shall be in favor of the Government of the Canal Zone and shall be conditioned that the defendant is to appear in the magistrate's court in accordance with all orders and directions of the magistrate relating to the appearance of the defendant before the magistrate's court in the case.

(b) The bond shall be signed by the defendant. One or more sureties may be required, cash or bonds or notes of the United States may be accepted and in proper cases no security need be required.

(c) The qualifications and justification of sureties are governed by section 4555 of this title and Rule 46 (e) of the Federal Rules of Criminal Procedure.

§ 4593. Commitment to jail on failure to furnish bond

If the defendant fails to enter into the bond referred to in sections 4591 and 4592 of this title, the magistrate shall commit him to jail awaiting trial.

§ 4594. Admission to bail by officer in charge of police station When an arrest is made either with or without a warrant for a misdemeanor triable in a magistrate's court and for any reason the officer making the arrest is unable to take him forthwith before a magistrate, he may take such offender forthwith to the nearest police station. The officer in charge of the police station may accept bond, or a cash deposit in lieu thereof, in a sum not exceeding $1,000, to se

cure the appearance of the offender before the magistrate having jurisdiction of the case. In lieu of the bond or deposit, the officer in charge may accept the offender's signed agreement to appear before the magistrate. The offender shall then be released from custody and the bond, deposit, or agreement shall be delivered to the magistrate having jurisdiction of the case and a receipt therefor shall be given to the officer by the magistrate.

When a money deposit is made in lieu of bail bond the deposit shall be held and disposed of in accordance with sections 4631-4635 and 4673 of this title.

§ 4595. Bail on appeal to the district court

(a) After conviction of an offense in a magistrate's court, a defendant who has appealed to the district court shall be admitted to bail as a matter of right. Admission to bail may be by the magistrate before whom the trial was had or by any judge having the power to issue a writ of habeas corpus.

(b) The bail is governed by the provisions applicable to bail given in actions originally triable in the district court, except that the undertaking of bail shall be that the defendant will appear in the district court in accordance with all orders and directions of that court relating to the appearance of the defendant before the court in the case, and further, will appear before the magistrate's court from whose judgment he appealed for the purpose of complying with the judgment of that court if he withdraws the appeal as authorized by section 3927 of this title.

§ 4596. Forfeiture and exoneration of bail

Rules 46(f) and 46 (g) of the Federal Rules of Criminal Procedure apply to the forfeiture and exoneration of bail in actions triable in the magistrates' courts.

Subchapter III-Cash Deposit

§ 4631. Right to make cash deposit

The defendant in a criminal proceeding, or any other make a cash deposit in lieu of a bail bond.

§ 4632. Certificate of deposit

person, may

A certificate of deposit shall be issued by the magistrate or the clerk of the district court, as the case may be, to each depositor who makes a cash deposit in lieu of bail.

§ 4633. Deposit in exoneration of bail

If bail has been given, at any time before the forfeiture of the undertaking the defendant or any other person may deposit the sum mentioned in the recognizance, and, upon the deposit being made, the bail is exonerated.

§ 4634. Application of deposit to fine and costs; surplus

(a) If money has been deposited and the certificate of deposit issued in the name of the defendant, and it remains on 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, shall apply the money in satisfaction thereof, and, after satisfying the fine and costs, shall refund the surplus, if any, to the defendant. If the defendant is 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 account for the surplus in the same manner as fines are accounted for.

(b) If the certificate of deposit was issued in the name of a person other than the defendant, the deposit shall be returned to the depositor after judgment.