Page:United States Statutes at Large Volume 76A.djvu/633

–537– -537cure the appearance of the offender before the magistrate having jurisdiction of the case. I n lieu of the bond or deposit, the officer in charge may accept the offender's signed agreement to appear before the magistrate. The offender shall then be released from custody and the bond, deposit, or agreement shall be delivered to the magistrate having jurisdiction of the case and a receipt therefor shall be given to the officer by the magistrate. When a money deposit is made in lieu of bail bond the deposit shall be held and disposed of in accordance with sections 4631^635 and 4673 of this title. § 4595. Bail on appeal to the district court (a) After conviction of an offense in a magistrate's court, a defendant who has appealed to the district court shall be admitted to bail as a matter of right. Admission to bail may be by the magistrate before whom the trial was had or by any judge having the power to issue a writ of habeas corpus. (b) The bail is governed by the provisions applicable to bail given in actions originally triable in the district court, except that the undertaking of bail shall be that the defendant will appear in the district court in accordance with all orders and directions of that court relating to the appearance of the defendant before the court in the case, and further, will appear before the magistrate's court from whose judgment he appealed for the purpose of complying with the judgment of that court if he withdraws the appeal as authorized by section 3927 of this title. § 4596. Forfeiture and exoneration of bail Rules 46(f) and 46(g) of the Federal Rules of Criminal Procedure apply to the forfeiture and exoneration of bail in actions triable in the magistrates' courts. Subchapter III—Cash Deposit § 4631. Right to make cash deposit The defendant in a criminal proceeding, or any other person, may make a cash deposit in lieu of a bail bond. § 4632. Certificate of deposit A certificate of deposit shall be issued by the magistrate or the clerk of the district court, as the case may be, to each depositor who makes a cash deposit in lieu of bail. § 4633. Deposit in exoneration of bail If bail has been given, at any time before the forfeiture of the undertaking the defendant or any other person may deposit the sum mentioned in the recognizance, and, upon the deposit being made, the bail is exonerated. § 4634. Application of deposit to fine and costs; surplus (a) If money has been deposited and the certificate of deposit issued in the name of the defendant, and it remains on deposit at the time of a judgment for the payment of a fine, the magistrate, or the clerk of the district court under the direction of the court, as the case may be, shall apply the money in satisfaction thereof, and, after satisfying the fine and costs, shall refund the surplus, if any, to the defendant. If the defendant is not found within a period of two years from the date of the judgment, the magistrate or the clerk of the district court, as the case may be, shall account for the surplus in the same manner as fines are accounted for. (b) If the certificate of deposit was issued in the name of a person other than the defendant, the deposit shall be returned to the depositor after judgment

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