Page:United States Statutes at Large Volume 18 Part 1.djvu/251

 Trru: xr11.—THE J UDlCIARY.—Ch. 18. 179 before the clerk ugion the party’s producing the certificate of the collector 18 Feb-. 1793. <=- of the d1str1ct, o the sufficiency of the securitv olfered; and the same 8-* 35· V- r P- 317- proceedings shall be had in case of said order oi deliver * or of sale as 2 M"" 17% °‘ are had in like cases when ordered in term time: Provided That upon gdb scsi}, v` I` pp` every such application, either for an order of delivery orlof sale, the {April. 1832. ¢~ collector and the attorney of the district shall have reasonable notice in °6· "· 41 P- 503 cages of the Lrnted States, and the party or council in all other cases. _ EC. 941. Vi hen a warrant of arrest or other rocess in rem is issued Deliverybond in in any cause of admiralty jurisdiction, except the cases of seizure for ¤<1¤¤lF¤ltYp¤‘0¢¤¢d— forfeiture under any law of the United States, the marshal shall sta the l"!"- execution of such process, or discharge the property arrested ity the process has been levied, on receiving from the claimant of the propertv 35, s. 6llgv.l p. {Ni a bond or stipulation in double the amount claimed by the libelant, with 31D¢>2-.1192.cli sufficient surety, to be approved by the `udge of the court where the °‘29·"·rl’·298· cause IS pending, or, in is absence, by the collector of the rt, con- 8 :83Ig€:)`]1793§ll,:' ditioned to answer the decree of the court in such cause. Suchobond or '2.Mar.; iiiés ci stipulation shall be returned to the court, and judgment thereon, a inst 2% ¤- 89. v· 1. imboth the principal and sureties, may be recovered at the time of rencidlring 6951 6% the decree in the original cause. 553 vll5·"·# 13,*; · °· Sec. 942. In all suits or prosecutions for the recoverv of duties or ispeciaixbailire. pecucqgry penaggctscprlescribled thy the 1a:s of the United States, com- gvired inguits fir men in any w ere, y e lawst ereof, im risonment for debt .“ “*‘ "“ P°““‘ shall not have been abolished, the person against whgm process is issued ms` Shall be held to special bail, subject to the rules which prevail in civil _—m U- Suits in which special bail is required. 222s1g'y11Z)9%7g· 28 Feb., isss, c. 35, v. 5, p. 321. 14 Jan., 1841, C. 2, v. 5, p. 410.—Udnkl.,-3dB, ais] Sec. 943. When a defendant who has rocured bail to respond to the When defendant judgment in a suit in any court of the Ujnited States in any district is gl"'? 12*1 in °P° afterpardl aillristgdljn any gthler district and is committed to a jail, the ,;t;:gfo:g2;ml° use 0 w ic a een ce e to the United States for the custod of ——+ pgsoners, the judge of the court wherein the suit in which the defendant 322s1l{“:·1179%2,‘;· so procured bail 18 depending, shall,_at the request of the bail, order ’’’p' ' that such defendant  he d in said ja1l, in the custody of the marshal of th?] disgrict in vyhich 1t 15. Lfhe said marshal, upon the delivery of such or er, uly aut enticate, s all receive such erson into his custod and thereupon be char ble for an escape, and ghall forthwith makeial certilicate, under his Eiid and seal, of such commitment, and transmit the same to the court from which the order issued, and, if required, shall make and deliver to such bail or to his attorney a duplicate thereof. Upon the return of said certificate, the court which made the said order, or any judge thereof, may direct that an exoneretur be entered upon the bgillpiece, whenie special bail shall have been found, or otherwise disc argc such bai. Sec. 944. When a defendant is committed by virtue of the order ro- Defendant held vided in the preceding section, he shall, unless sooner discharged) b *****11 l“d81P811l· in law, be holden in jail until final judgment is rendered in the suit in which the H"' ““‘t· he procured bail as aforesaid, and sixty days thereafter, if such judg- 2 Mar., 1799, c. ment is rendered against him, in order t at he may be charged in execu- 32· ¤· 3· V- r P- 727- tion,hwbich ntzy,  such cases, be directed to and served by the marshal in w ose cus v e 1s. Sec. 9-15. Ba] and aliidavits, when required or allowed in any civil _B¤i1 and adidacause in any circuit or district court, may be taken by acommissioner of VM m’·Y l?° ,***1****1 the circuit court for the district; and such acknowledgments of bail and 2{dzEfm" afiidavits shall have the same effect as if taken before any judge of such _._ courts. 20 F b., 1812, . 25, s. 1, v. 2, p. 679. 1 Mar., 1817, c. 30, 3. 3, p.  Sec. 946. When a bail-bond is given for the appearance of any per- _ Calling of bail. son to answer in the district O1' circuit C0\1l‘b fol' the district of Kentucky, m K°“t“°kY- the clerk of such court shall call the party at the time he is bound to 15 May, 1862, c_ appear. If the party fails, the clerk shall enter such failure on his 71, s. 10, v. 12, p. minutes, and on said entry judgment 111ay afterward be made of record 387· by the court; but if the party appears, the clerk shall take another