Page:United States Statutes at Large Volume 76A.djvu/634

–538– -538§ 4635. Forfeiture and exoneration of deposit; disposition (a) Rules 46(f) and 46(g) of the Federal Rules of Criminal Procedure apply to the forfeiture and exoneration of money deposited in lieu of bail. (b) If money deposited in lieu of bail is forfeited, and the forfeiture is not set aside or remitted, the magistrate, or the clerk of the district court, as the case may oe, with whom it is deposited shall pay over the money in the manner prescribed for the paying over of other funds. Subchapter IV—Surrender of Defendant § 4671. Surrender of defendant and exoneration of bail or deposit At any time before the forfeiture of the undertaking of bail or deposit by a third person, the bail or depositor may surrender the defendant in their exoneration, or he may surrender himself, to the officer to whose custody he was committed at the time of giving bail, in the following manner: (1) a certified copy of the undertaking of the bail or a certified copy of the certificate of deposit shall be delivered to the officer, who shall detain the defendant in his custody thereon as upon a commitment, and by a certificate in writing acknowledge the surrender; and (2) upon the undertaking or certificate of deposit, and the certificate of the officer, the court in which the action or appeal is pending may, upon notice of five days to the United States attorney, with a copy of the undertaking or certificate of deposit, and the certificate of the officer, order that the bail or deposit be exonerated, and on filing the order and the papers used on the application, they are exonerated accordingly. § 4672. Arrest by bail or depositor For the purpose of surrendering the defendant, the bail or a person who has made a deposit to secure the release of the defendar^t, at any time before they are finally discharged, and at any place within the Canal Zone, may themselves arrest him, or by a written authority, indorsed on a certified copy of the undertaking or a certified copy of the certificate of deposit, may empower any person of suitable age and discretion to do so. § 4673. Return of deposit on surrender If money has been deposited in lieu of bail and the defendant at any time before the forfeiture thereof surrenders himself or is surrendered to the officer to whom the commitment was directed, in the manner provided by sections 4671 and 4672 of this title, the court shall order a return of the deposit to the defendant, or to the person or persons found by the court to have deposited the money on behalf of the defendant, upon the production of the certificate of the officer showing the surrender, and upon five days' notice to the United States attorney, with a copy of the certificate. Subchapter V—Recommitment of Defendant; Bench Warrant § 4701. Failure to appear; insufficient bail; bench warrant (a) If the defendant in a criminal action triable in a district court or a magistrate's court has been released from custody on bail or on a deposit of money in lieu of bail, and does not appear in accordance with an order or direction of the court relating to his appearance, the court, in addition to the forfeiture of the bail or deposit, may issue a bench warrant for the defendant's arrest.

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