Page:United States Statutes at Large Volume 76A.djvu/390

–294– -294§ 250. Surrender of defendant At any time before judgmentj or within 10 da^s thereafter, the bail may surrender the defendant m their exoneration; or he may surrender himself to the marshal. § 251. Arrest by bail; exoneration and liability of bail For the purpose of surrendering the defendant, the bail, at any time or place before they are finally charged, may themselves arrest himj or, by a written authority indorsed on a certified copy of the undertaking, may empower the marshal to do so. Upon the arrest of defendant by the marshal, or upon his delivery to the marshal by the bail, or upon his own surrender, the bail are exonerated, if the arrest, delivery, or surrender takes place before the expiration of 10 days after judgment; but if the arrest, delivery, or surrender is not made within 10 days after judgment, the bail are finally charged on their undertaking, and bound to pay the amount of the judgment within 10 days thereafter. § 252. Enforcement of liability of bail If the bail neglect or refuse to pay the judgment within 10 days after they are finally charged, the court may, on motion made as provided by section 438 of Title 3, enter judgment against the bail for the amount of the original judgment. § 253. Exoneration of bail The bail are exonerated by the death of the defendant or his imprisonment in jail or in the penitentiary, or by his legal discharge from the obligation to render himself amenable to the process. § 254. Return of marshal; filing of undertaking; acceptance or rejection of bail Within the time limited for that purpose, the marshal shall 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 with a copy of the undertaking of the bail. H e shall retain m his possession the original undertaking until filed, as herein provided. If the plaintiflf, within 10 days thereafter, does not serve upon the marshal a notice that he does not accept the bail, he is deemed to have accepted them, and the marshal is exonerated from liability. If a notice is not served within 10 days, the original undertaking shall be filed with the clerk of the court. § 255. Notice of justification of bail; new undertaking 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 residence and occupations of the latter, before the judge or clerk of the court, at a specified time and place; the time to be not less than five nor more than 10 days thereafter, except by consent of the parties. If other bail is given, there must be a new undertaking. § 256. Qualifications of bail The qualifications of bail are as follows: (1) each must be a resident of the Canal Zone; and (2) each must be worth the amount specified in the order of 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 from execution; but the judge or clerk, on justification, may allow more than two sureties to justify severally, in amounts less than that expressed in the order, if the wnole justification is equivalent to that of two sufficient bail.

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