Page:United States Statutes at Large Volume 30.djvu/1350

 1312 1¤1FTY.F1F·rH concnnss. snss. III. cn. 429. 1899. 0¤ ¤¤"•{:,"· { Sec. 235. That if money have been deposited in lieu of bail and the ¥:lI¤°%lil?•iil` 'mu defendant, at any time before the forfeiture thereof, surrender himself to the officer to whose custody he was committed at the time of making the deposit, in the manner provided in section two hundred and thirty- three, of this Title the court or judge thereof must order a return of _ the deposit to the defendant, upon producing the certificate of the officer showing the surrender, and upon reasonable notice of the application to the district attorney. N¤*i¤¤ W W di; Sec. 236. That the notice to be given to the district attorney, as m.Y°.,:.i°:°}°'ii,°;yqst”§°:is required in this chapter, may be given to him personally or to any person authorized to appear for him, as provided in sections two hundred and twenty-six and two hundred and twenty-seven of this Title. CHAPTER TWENTY-mvn. on THE FOBFEITURE OF THE UNDEBTAKING OF BAIL on TIHB DEPOSIT MONEY. su. sw. 237. Undertaking, when forfeited, and_ 241. Conditions of remission. how ordered. 242. Applications therefor, how made, ' 238. When and how forfeiture may be judgment on final. discharged.243. Deposit of money, how disposed of 239. Forfeiture to be enforced by action. when forfeited. 240. Remission of forfeiture. Uqammni wm Sec. 237. That if, without sufficient excuse, the defendant neglect 01 m “I""' fail to appear for arraignment, or for trial or judgment, or upon any other occasion when his presence in court may be lawfully required, or to surrender himself in execution of the judgment, the court must direct the fact to be entered in its journal ; and the undertaking of bail or the money deposited in lieu thereof, as the case may be, is thereupon forfeited. . _ fjwhn md law gy- Sec. 238. That if, at any time before the final adjournment of the ,,§,f‘§,'§.L‘“°’ “' court, the defendant appear and satisfactorily excuse his neglect or failure, the court may direct the forfeiture of the undertaking or deposit to be discharged, upon such terms as are just. F<>rf·;i¢¤r¤J=<>b¤ w- Sec. 239. That if the forfeiture be not discharged, as provided in the '°'°°° ""’°‘°"‘ last section, the district attorney may, at any time after the adjournment of the court, proceed, by action only, against the bail upon their undertaking. Rommion ¤f for- Sec. 240. That at any time before judgment against the bail, in an '°"“'°‘ action upon the undertaking, they may apply to the court for a remission of the forfeiture, and thereupon the court, upon good cause shown, may remit the forfeiture or any part thereof, upon such terms as may be just and reasonable, according to the circumstances of the case. c¤iam¤¤•¤n•¤¤i• Sec. 241. That the court can only remit the forfeiture, in whole or in '*°"‘ part, upon the payment of the costs and expenses incurred in the proccedings for its enforcement; and if part only be remitted, judgment mustbe given against the bail for the remainder, and such judgment is a bar to an action upon the undertaking, or if one be already commenced, it is thereby abated. f A1>l1»¤i¤¤¤j_:¤_¢g¤;¤; Sec. 242. That the application for remission must be upon at least ,,3,,, §,Y¤'§,',,,_°’J g ten days’ notice to the district attorney, with copies of all aiiidavit and papers on which it is founded. The application must admit the forfeiture and their legal obligation to pay the sum mentioned in the Endlertaking, and the judgment or order of the court in the matter is n . Dssoy it of money. SEO. 243. That if money deposited in lieu of bail is forfeited and the }‘§,.'§e,,§K°“°‘*°""‘°" forfeiture be not discharged, as provided in section two hundred and thirty-eight, of this Title the clerk with whom it is deposited must, after the final adjournment of the court, forthwith deposit the same in the same manner as in the case of moneys collected upon judgments in favor of the United States.