Page:United States Statutes at Large Volume 31.djvu/401

 FIFTY-SIXTH CONGRESS. SnSS. I. Ch. 786. 1900. 349 Sec. 102. The defendant may give bail by causing a written under· B¤“· h°“’ ¤“’*=¤· taking to be executed in°favor of `the plaintiff by sufficient sureties, stating their places of residence, to the effect that the defendant Shall at all times render himself amenable to the process of the court during the pendency of the action, and to such as may be issued to enforce the ]udgment therein, or if he be arrested for the cause mentioned in the third subdivision of section ninety-nine, an undertaking to the same effect as that provided by section one hundred and twenty-seven. Sec. 103. At any time before failure to com ly with the under- ,€;g;§{*d°’ of ds taking the bail may surrender the defendant in their exoneration, or ` he may surrender himself to the marshal in the following manner: First. A certified co y of the undertakin of the bail shall be delivered to the marshal? who shall detain the gefendant in his custody thereon as upon a writ of arrest, and shall, by a certificate in writing, acknowledge the surrender., Second. Upon a production of a copy of the undertaking and marshal’s certificate, the court may, upon a notice to the plaintiff of eight-days, with a copy of the certificate, order that the bail be exonerated, and on filing the order and the papers used on the application with the clerk of the court where the action is pending they shall be exonerated accordingly. But this section shall not apply to an arrest for cause mentioned in the third subdivision of section ninety-nine so far as todischarge the bail from an- undertaking given to the effect provided by section one hundred and twenty-eight. 4 Sec. 104. For the purpose of surrendering the defendant, the bail SME Subjectat any time and plasce, before they are finally charged, may themselves arrest him, or by a written authority, indorsed on a certified copy of the undertakin, may empower the marshal or any other person of suitable age an§ discretion to do So. ‘ Sec. 105. In case of the failure to comply with the undertaking, the ug§Lg&t¤¤W¤*¤¤¢¤d¤d bail may be proceeded against by action only.‘ Sec. 106. The bail may beexonerated, either by the death of the HW ¢¤¤¤¤¤m¤· defendant or his imlprisonment in the penitentiary, or by his legal discharge from the ob igation to render himself amenable to the process, or by his surrender to the marshal or any deputy in execution thereof, within twenty days after the commencement of the action against the bail or within such further time as may be granted by the court. Sec. 107.. Within five days after the execution of the undertaking mg*2j§,g;]<>* wry 0* of the bail the marshal or de uty having the defendant in custody g` ‘ g shall deliver to the plaintiff orqiis attorney, or such other person as ` the plaintiff  direct, a certified copy of the undertaking, with the data of the arrest indorsed thereon. In any other case the marshal may mail such co(py within the same time to the plaintiff or his attorney, within the istrict, or to either of them, as the plaintiff may direct. The plaintiff, within ten days from the delivery of such copy, or fifteen days from the mailing of the same, if sent by mail, may serve upon the marshal or deputy for the defendant in custody a noticethat he does not accept the bail, or he shall be deemed to have accepted it, and the marshal shall be exonerated from liability. If no notice be served within ten days, the original undertaki.ng,,shall be filed with the court where the action is pending. Sno; 108. On the receipt of such notice the marshal or defendant tiglvgggagf i¤¤¤¤<>¤» may, within ten days thereafter, give to the [plaintiff or his attorney ' notice of the justification of the same or other bail, specifying the _ lace of residence and occupation of the latter, before a judge of the district court or clerk of the court where the action is pending, or a commissioner, at a specified time and place, the time to be not less than Eve nor more than ten days thereafter. In case neither the plaintiff nor his attorney reside within one hundred miles from where