Page:United States Statutes at Large Volume 31.djvu/402

 350 FIFTY-SIXTH CONGRESS. Sess. I. Ch. 786. 1900.. the arrest is made, the notice may be servejfupon the person, and in the manner provided for serving the copy c the undertaking in the _ section last preceding. In case other bail be given there shall be a new underta in, in the form and to the effect prescribed in section one hundred and two. m%¤¤li¤·>¤*i<>¤S 0* Sec. 109. The qualifications of bail shall be as follows: ` First. Each of them shall be a resident within the district; but no counselor or attorney at law, marshal, deputy marshal, commissioner, clerk of any court, or other officer of any court shall be permitted to become bail in any action. I Second. Each of them shall be worth the amount specified in the writ of arrest, or the amount to which the same may be reduced as rovided in this chapter, over and aboveall debts and liabilities, and excllusive of property exempt from execution; but the judge, clerk, or commissioner on justification may allow more than two sureties to justify severally in amounts less than that expressed in the writ, if the whole justification shall be equivalent to that of two suf1icient.bail. J¤~¤¤¤¤¤¤¤ of bail- SEc. 110. For the purpose of justification each of the bail shall attend before the judge, commissioner, or clerk at the time and place mentioned in the notice, and may be examined on oath, on the part of the plaintiff, touching his sufficiency, in such manner as the judge, commissioner, or clerk in his discretion may think proper. The examination shall be reduced to writing and subscribed by the bail, if required by the plaintiff. Allowance of bail- Sec. 111. If the judge, commissioner, or clerk shall find the bail sufficient, he shall annex the examination to the undertaking, indorse his allowance thereon, and cause them to be filed with the clerk of the court in which the action is pending; and the marshal shall thereupon be exonerated from liability. _Dep0sitofmoneyin Sec. 112. The defendant may, at the time of his arrest, instead of “°“ °fb"H· giving bail, deposit with the marshal the amount mentioned in the writ. Thereupon the marshal shall ive the defendant a certiiicate of the deposit made and the defendant siall be discharged out of custody. Sh1;?r¤(?¤¤E1€bgSi€my; Sec. 113. The marshal shall, within ten days after the deposit, pay the mk. P same into the court, and take from the clerk receivin the same two certificates of such payment, the one of which he sha§. deliver to the plaintiff or his attorney and the other to the defendant. For any default in making such payment, the same proceedings may be had on the official bond of the marshal to collect the sum deposited as in other cases of delin uency. Bail may be siren Sec. 114. If money be deposited, as provided in the last two sections, and deposit refunded. . . . . . . . . bail may be given and justified upon notice, as prescribed in section one hundred and two, at any time before judgment, and on the iilin of the undertaking and justification with the clerk the money deposited shall be refunded by such clerk to the defendant. Or§§§§g;%g%y¤PP‘i€d Sec. 115. When money shall have been so deposited, if it remain ' on deposit at the time of an order or judgment for the payment of money to the plaintiH, the clerk shall, under the direction of the court, apply the same in satisfaction thereof, and, after satisfying the judgment, shall refund the surplus, if any, to the defendant. I the judgment be in favor of the de endant, the clerk shall. refund to him the whole sum de osited and remainin unapplied. ‘ mwhw ¤¤>mh¤1 Ha- Sec. 116. lf, after being arrested, tie defendant escape or be rese as bail and how. . _. . . . discharged from such cued, or bail be not given or justified, or a deposit be not made instead ““'°““Y· thereof, the marshal himself shall be liable as bail; but he may discharge himself from such liability by the givin and justification of bail, as provided in sections one hundred and eigit, one hundred and nine, one hundred and ten, and one hundred and eleven, at any time before process aglainst the person of the defendant to enforce an·order or judgment in the action.