Page:United States Statutes at Large Volume 30.djvu/1349

FIFTY·FIFTH CONGRESS. Sess. III. Ch. 429. 1899. 13] 1 CHAPTER TWENTY-THREE. OF DEPOSIT INSTEAD OF BAIL. Sec. gw_ 229. Deposit in lieu of bail, when and | 231. Bail may be given after deposit. how made. _ 232. Deposit to be applied in payment 230. May be made after bail given and of ju gment for hue. before forfeiture. . Sec. 229. That the defendant, at any time after an order admitting Deposit in lieu ¤f him to bail, instead of giving bail may deposit with the clerk of the },',“§§’,,_'"¥°“ ““° *‘°" court at which he is held to answer, or in which the action is pending or the judgment appealed from is given, the sum of money mentioned in the order; and upon delivering to the officer in whose custody he is the (cl1erk’s certificate of such deposit he must be discharged from oust y._ Sec. 230. That if the defendant have given bail, he may, at any time MI5; be mule sim before the forfeiture of their undertaking of it, in like manner deposit }‘§},§§§ '“‘° "°'°" the sum of money mentioned in the undertaking; and upon the deposit being made and the certificate thereof given, the bail is exonerated. Sec. 231. That if money be deposited, as provided in the last two Bail ¤¤¤>t be given sections, bail may be given in the same manner as if it had been origi- ""°' °°*’°"*‘ nally given upon the order for admission to bail, at any time before the forfeiture of the deposit, and the court or magistrate before whom the bail is taken must thereupon direct, in the order of allowance, that the money deposited be refunded by the clerk to the defendant; and it must be refunded accordingly. Sec. 232. That when any money has been deposited in lieu of bail, if i D¤1¤>¤i¢wb¤¤m¤H¤•1 it remain on deposit at the time of a judgment for the payment of ..`I...}’€‘iZ,'I,’$i’}$.,°fJ“°" money, the clerk must, under the direction of the court, apply the money in satisfaction thereof, and after satisfying the same must refund the surplus, if any, to the defendant. CHAPTER Twmvrr-noun. OF THE SUBBENDEB OF THE DEFENDANT. seo. Sw. 233. Surrender, by whom, when, and how I 235. On surrender, if money deposited, made. must be refunded. 234. Bail may arrest defendant for the 236. Notice to the district attorney to purpose of surrender. obtain order for deposit. Sec. 233. That at any time before the forfeiture of their undertaking, Wg-;?::;??; rpg;. the bail may surrender the defendant in their exoneration, or he may ’ surrender himself to the officer to whose custody he was committed at the time of giving bail in the following manner: First. A certified copy of the undertaking of the bail must be delivered to the officer, who must detain the defendant in his custody thereon, as upon a commitment, and by a certificate signed with his name of otilce acknowledge the surrender. Second. At any time after the surrender of the defendant, either by his bail or himself, the court or judge thereof, at which the defendant is bound to appear, or where the action is pending or the judgment appealed from is given, as the case may be, may, upon reasonable notice to the district attorney, order that the bail be exonerated, and, upon the entry or tiling of such order, they are exonerated accordingly. Sec. 234. That for the purpose of surrendering the defendant, the BM! my ¤rr¤¤¤ ·¤•> bail, at any time before the forfeiture of their undertaking, and at any f,°§,%°,f,‘;‘Q._,§,’},‘j,,}’“" place within the district, may themselves arrest him, or by a written authority, indorsed on a certined copy of the undertaking, may empower any other person to do so.