Page:United States Statutes at Large Volume 47 Part 1.djvu/962

 938 72d CONGRESS. SESS. H. CH. 127. FEB RUARY 27, 1933 . marshal by the bail, or upon his own surrender, the bail are exoner- ated, 'if such arrest, delivery, or surrender take place before the expiration of ten days after judgment ; but if such arrest, delivery, or surrender be not made within ten days after judgment, the bail are finally charged on their unde rtak ing, and bound to pay the am ount of the judg ment within ten days there after. Procedure aga in st SEC. 186 . BAIL, HOW PROCEEDED AGAINST .-If the bail neglect or bail, refuse to pay the judgment within ten days after they are finally charged, an action may be commenced against such bail for the amount of the original judgment. How exonerated. SEC. 187. BAIL, How EXONERATED.-The bail are exonerated by the death of the defendant or his imprisonment in jail or in the peni- tentiary, or by his legal discharge from the obligation to render himself amenable to the process. Delivery of under. SEC. 188. DELIVERY OF UNDERTAKING TO PLAINTIFF, AND ITS ACCEPT- taking to plaintiff ; ac- ANCE OR REJECTION BY HIM .--Within the time limited for that ur- ceptance or rejection. pose, the marshal must file the order of arrest in the office of the clerk of the court in which the action is pending, with his return indorsed thereon, together wi th a copy of the undertaking of the bail. The orig inal und erta king he mus t re tain in his poss essi on until filed, as herein provided. The plaintiff, within ten days there- after, may serve upon the marshal a notice that he does not accept the bail, or he is deemed to have accepted them, and the marshal is exonerated from liability. If no notice be served within ten days, the original undertaking must be filed with the clerk of the court. Notice of iustiflea- SEC. 189 . NOTICE OF JUSTIFICATION ; NEW. UNDERTAKING, IF OTHER tiou; new undertaking, if other bail. BAIL.-Within five days after the receipt of notice, the marshal or defendant may give to the plaintiff or his attorney notice of the justification of the same, or • other bail (specifying the places of reside nce and occupati ons of t he latte r), befor e the ju dge or c lerk of the court, at a specified time and place ; the time to be not less than five nor more than ten days thereafter, except by consent of parties. In case other bail be given, there must be a new undertaking. Qual ifications of bail . SEC. 190. QUALIFICATIONS OF BAIL .-The qualifications of %ail are as follows 1 . Each of them must be a resident of the Canal Zone. 2. Each must be worth the amount specified in the order of the arrest, or the amount to which the order is reduced, as provided in this subchapter, over and above all his debts and liabilities, exclusive of property exempt fr om execution ; but the judge or clerk, on justi- fication, may allow more than two sureties to justify severally, in amounts less than that expressed in the order, if the whole justifica- tion be equivalent to that of two -sufficient bail. Iustiflcationof. SEC. 191 . JUSTIFICATION OF BAIL.-For the purpose of justification, each of the bail must attend before the judge or clerk, at the time and pla ce mentioned in the notice, and may be examined On oa th on the dart of the plain tiff, to uching h is sufl ciency, in such manner as the fudge or clerk, in his discretion, may think proper. The examination must be reduced to writing, and subscribed by the bail, if required b the plaintiff. Allowance Of. SEC. 192. ALLOWANCE of BAIL.-If the judge or clerk find the bail sufficient, he must annex the examination to the undertaking, indorse his allowance thereon, and cause them to be filed, and the marshal is thereupon exonerated from liability. Deposit of money SEC. 193. DEPOSIT OF MONEY WITH MARSHAL .-The defen dant may, with m arshal • at the time of his arrest, instead of giving bail, deposit with the marshal the amount mentioned in the order. In case the amount of the bail be reduced, as provided in this subchapter, the defendant may deposit such amount instead of giving bail. In either case the