immediately upon his arrest, at any hour of the day or night; and he must have reasonable opportunity to see* for and to procure bail, before being committed to jail. ART. 3. may elect § 574. Where the defendant is actually confined in the jail, by virtue when deof an order of arrest, and final or interlocutory judgment has been fendant rendered against him in the action, but an execution against his person to give bail, has not been issued, he may elect, either to give a bond for the liberties bond for of the jail, or to give bail or make a deposit, as prescribed in this liberties. article. etc., or taking of the bail; § 575. The defendant may give bail, by delivering to the sheriff a Underwritten undertaking, in the sum specified in the order of arrest, executed by two or more sufficient bail, stating their places of residence and occupations, to the following effect: 1. If the order of arrest could be granted only by the court, that the defendant will obey the direction of court, or of an appellate court, contained in an order or a judgment, requiring him to perform the act specified in the order; or, in default of his so doing, that he will, at all times, render himself amenable to proceedings to punish him for the omission. 2. If the action is to recover a chattel, that the defendant will deliver it to the plaintiff, if delivery thereof is adjudged in the action, and will pay any sum recovered against him in the action. 3. In any other case, that the defendant will, at all times, render himself amenable to any mandate, which may be issued to enforce a final judgment against him in the action. what to' contain. tion of per bail. § 576. It is not necessary that the undertaking should be approved, Examina or accompanied with an affidavit of justification of the bail. But sons of the officer, taking the acknowledgment of the undertaking, must, if fered as the sheriff so requires, examine under oath, to a reasonable extent, the persons offering to become bail, concerning their property and their circumstances. The examination must be reduced to writing, sub scribed by the bail, and annexed to the undertaking. § 577. Within three days after bail is given, the sheriff must deliver Filing, etc., to the plaintiff's attorney copies, certified by him, of the order of of papers; plaintiff's arrest, return and undertaking. The plaintiff's attorney, within ten acceptance days thereafter, must serve upon the sheriff a notice that he does not tion of bail. accept the bail; otherwise he is deemed to have accepted them, and the sheriff is exonerated from liability. or rejec tion; new ing, if other § 578. Within ten days after the receipt of the notice, the sheriff or Notice of the defendant may serve upon the plaintiff's attorney, notice of the w justification of the same or other bail, specifying the place of residence undertak and occupation of each of the latter, before a judge of the court, or a bail is county judge, at a specified time and place; the time to be not less given. than five nor more than ten days thereafter, and the place to be within the county where one of the bail resides, or where the defendant was arrested. If other bail are given, a new undertaking must be executed, as prescribed in section five hundred and seventy-five of this act. $579. The qualifications of bail are as follows: 1. Each of them must be a resident of, and a householder or freeholder within the State. 2. Each of them must be worth the sum specified in the order of arrest, exclusive of property exempt from execution; but the judge, on justification, may allow more than two bail to justify, severally, in Qualifica tions of bail. TITLE 1. Justifica sums less than that specified in the order, if the whole justification is equivalent to that of two sufficient bail. § 580. For the purpose of justification, each of the bail must attend tion of bail. before the judge, at the time and place mentioned in the notice, and be examined on oath, on the part of the plaintiff, touching his sufficiency, in such manner as the judge, in his discretion, thinks proper. The judge may, in his discretion, adjourn the examination from day to day, until it is completed; but such an adjournment must always be to the next judicial day, unless by consent of parties. If required by the plaintiff's attorney, the examination must be reduced to writing, and subscribed by the bail. Allowance of bail. Deposit of sheriff. § 581. If the judge finds the bail sufficient, he must annex the examination to the undertaking, indorse his allowance thereon, and cause them to be filed with the clerk. The sheriff is thereupon exonerated from liability. § 582. The defendant may, instead of giving bail, deposit with the money with sheriff the sum specified in the order. The sheriff must thereupon give the defendant a certificate of the deposit, and discharge him from custody. Payment of to court by sheriff. § 583. The sheriff must, within four days after the deposit, pay it deposit in into court. He must take, from the officer receiving it, two certificates of the payment, one of which he must deliver to the plaintiff, and the other to the defendant. For a default in making the payment, the official bond of the sheriff may be prosecuted, as in any other case of delinquency. Substitut deposit. § 584. If money is deposited, as prescribed in the last two sections, ing bail for bail may be given, and may justify upon notice, at any time before the expiration of the right to be discharged on bail. Thereupon the judge, before whom the justification is had, must direct, in the order of allowance, that the money deposited be refunded to the defendant, or his representative, and it must be refunded accordingly. § 585. If money deposited is not refunded, as prescribed in the last section, it is, in a case where the order of arrest could be granted only by the court, subject to the direction of the court, as justice requires, before and after the judgment. In any other case, if it remains on deposit, when final judgment is rendered for the plaintiff, it must be applied, under the direction of the court, in satisfaction of the judgment; and the surplus, if any, must be refunded to the defendant, or his representative. If the final judgment is for the defendant, or the action abates, or is discontinued, the sum deposited, and remaining unapplied, must be refunded to the defendant or his representative. § 586. At any time before the deposit is paid into court, the defendant may deliver to the sheriff a written direction, to pay it to a third person, therein specified, in the event that the defendant becomes entitled to a return thereof, but without expressing any other contingency. The direction must be acknowledged or proved, and certified, in like manner as a deed to be recorded; and the sheriff must deliver it to the officer who receives the deposit, who must note the substance thereof, with the entries of the deposit, in his books, and upon the two certificates of payment into court. The money thus deposited is deemed the property of the third person, subject to the plaintiff's interest therein, and subject to the rights of a creditor of the defendant, where the direction was given for the purpose of hindering, delaying, or defrauding creditors. The money, or the residue thereof, must be paid to the third person, where, by the provisions of the last two sections, it is required to be refunded to the defendant, or his ART. 4. representative. when lia charge § 587. If, after the defendant is arrested, he escapes or is rescued, Sheriff or the bail, if any, given by him, do not justify, when they are not ble as bail; accepted, or if the sheriff fails to pay the deposit into court as required his disby section five hundred and eighty-three of this act, the sheriff is from lialiable as bail. But the sheriff may, except in an action to recover a bility. chattel, discharge himself from liability, by the giving and justification of bail, as follows: 1. If the case is one where the order could be granted only by the court, at any time before the court directs the performance of the act specified in the order. 2. In any other case, at any time before an execution is issued against the person of the defendant, upon a judgment in the action. ings on § 588. If judgment is recovered against the sheriff, upon his lia- Proceedbility as bail, and an execution thereon is returned wholly or partly judgment unsatisfied, the official bond of the sheriff may be prosecuted, as in against any other case of delinquency. sheriff. § 589. The bail taken upon the arrest, unless they justify, or other Bail liable bail are given and justify, are liable to the sheriff for all damages to sheriff. which he sustains by reason of the omission. pers if bail § 590. Within ten days after the defendant is arrested if he does Filing panot give bail, or if he gives bail, within ten days after the justification not given. of the bail, the sheriff must file with the clerk the order of arrest, or, where it was granted by the court, the certified copy thereof delivered to him, with his return thereupon indorsed, the papers upon which the order of arrest was granted, and the undertaking given on the part of the plaintiff. Where an order of arrest, directing the arrest of two or more defendants, has been executed as to one or more, but not as to all of them, the sheriff may file a copy of the order of arrest, instead of the original. ARTICLE FOURTH. CHARGING AND DISCHARGING BAIL. SECTION 591. When defendant may be surrendered. 592. How surrender to be made; exoneration of bail thereupon. 594. Voluntary surrender; exoneration of bail thereupon. 595. Rights, etc.; of sheriff who is liable as bail. 596. Bail; how proceeded against. 597. Certain executions necessary before action against bail. 598. Duty of sheriff on such executions. 599. Defences in action against bail. 600. Relief of bail where principal is imprisoned on criminal charge. fendant may be sur § 591. Except in an action to recover a chattel, the bail may surrender When dethe defendant in their own exoneration, or the defendant may surrender himself in exoneration of the bail, before the expiration of the rendered. time to answer, in an action against them. The surrender must be made to the sheriff of the county, where the defendant was arrested. $ 592. Where the bail surrender the defendant, the surrender must be made in the following manner: 1. They must take the defendant to the sheriff, and require him, in writing, to take the defendant into his custody. 2. A certified copy of the undertaking of the bail must be delivered How sur render to be made; exonera. tion of bail thereupon. TITLE 1. Bail may arrest defendant. surrender; to the sheriff, who must detain the defendant in his custody thereupon, as upon the original mandate, and must, by a certificate in writing, acknowledge the surrender. Upon the application of the bail, made upon notice to the plaintiff's attorney, and upon production of the sheriff's certificate and a copy of the undertaking, a judge of the court, or the county judge of the county where the action is triable, may make au order, directing that the bail be exonerated. On filing the order and the papers used on the application therefor, the bail are exonerated accordingly. § 593. For the purpose of surrendering the defendant, the bail, at any place or at any time before they are finally charged, may themselves arrest him, or by a written authority, indorsed on a certified copy of the undertaking, may empower another person to do so; and one or more of the bail may thus arrest and surrender the defendant, although the others do not join with him or them, for that purpose. Voluntary § 594. Where the defendant surrenders himself in exoneration of his bail, he must present himself to the sheriff, and require the sheriff, in tion of bail writing, to take him into custody, in exoneration of his bail. thereupon. sheriff must detain him accordingly, as prescribed in subdivision second of section five hundred and ninety-two of this act; and, if requested by the bail, at any time after the surrender, the sheriff must, by a certificate in writing, acknowledge the surrender. An order for the exoneration of the bail may be procured, as prescribed in section five hundred and ninety-two of this act. exonera Rights, etc., of sheriff who is liable as bail. Bail; how proceeded against. Certain executions necessary tion against bail. The § 595. Where the sheriff is liable as bail, he has all the rights and privileges, and is subject to all the duties and liabilities of bail; and bail given by him, in order to discharge himself from liability, must be regarded as the bail of the defendant in the action. But this section does not apply to an action to recover a chattel; or to a case where a defence arises to an action against the bail, in consequence of an act or omission of the sheriff. § 596. In case of failure to comply with the undertaking, the bail may be proceeded against by action, and not otherwise. § 597. An action may be brought, as prescribed in the last section, in a case where the order of arrest could be granted only by the court, before ac at any time after the bail have failed to comply with their undertaking. Where the undertaking was given in an action to recover a chattel, an action may be brought thereupon, at any time after the return, wholly or partly unsatisfied, of an execution for the delivery of the possession of the chattel, with respect to which the order of arrest was granted. In any other case, an action cannot be brought, as prescribed in the last section, until the following requisites have been complied with: Duty of sheriff on such executions. Defences in action against bail. 1. An execution, against the property of the defendant, must have been issued to the sheriff of the county in which he was arrested, and returned by that sheriff, wholly or partly unsatisfied. 2. An execution, against the person of the defendant, must have been issued to the same sheriff, and by him returned, not less than fifteen days after its receipt, to the effect that the defendant could not be found within his county. § 598. The sheriff must diligently endeavor to enforce an execution issued and delivered to him, as prescribed in the last section, notwithstanding any direction he may receive from the plaintiff or his attorney, § 599. In an action against bail, it is a defence, that an execution. against the property, or against the person, of the defendant in the original action, was not issued, as prescribed in section five hundred and ninety-seven of this act; or that it was not issued in sufficient time to enable the sheriff to enforce it; or that a direction was given, or other fraudulent or collusive means were used, by the plaintiff or his attorney, to prevent the service thereof. ART. I. bail where soned on § 600. If the defendant in the original action, after his discharge Relief of upon bail, is imprisoned, either within or without the State, upon a principal criminal charge, or a conviction of a criminal offence, the court, in is impriswhich an action against the bail is pending, may, before the expiration criminal of the time to answer, and upon notice to the adverse party, make such charge. an order for the relief of the bail, as justice requires. erated by § 601. Except in an action to recover a chattel, the bail must be Bail exonexonerated where either of the following events occurs, before the expi- death, etc. ration of the time to answer in an action against them : 1. The death of the original defendant. 2. His legal discharge from the obligation to render himself amenable to the process, direction, or proceedings, with respect to which the undertaking of the bail was made. 3. His surrender to the sheriff of the county where he was arrested, as prescribed in this article. Where either event occurs, after the commencement of the action against the bail, the court may, in its discretion, impose the payment of the plaintiff's costs and expenses, incurred after the return of the execution against the person, as a condition of allowing the exoneration. And the court may, by an order, made upon notice to the adverse party, grant such further time as it deems just, after answer, for the surrender of the original defendant. In that case, his surrender, within the time so granted, has the same effect, as if it had been made before answer. TITLE II. Injunction. ARTICLE 1. Cases where an injunction may be granted; granting and service of an injunction order. 2. Security. 3. Vacating or modifying an injunction order. ARTICLE FIRST. CASES WHERE AN INJUNCTION MAY BE GRANTED; GRANTING AND SERVICE OF AN INJUNCTION ORDER. SECTION 602 Writ of injunction abolished, and order substituted. 603. Injunction, when the right thereto depends upon the nature of the action. 604. Id.; when the right thereto depends upon extrinsic facts. 605. Restrictions upon injunctions to restrain State officers. 606. By whom injunction granted in other cases. 607. Proof necessary to procure injunction. 608. At what time the order may be granted. 609. When notice required or not required. Injunction pending an appli cation. 610. Order must recite grounds; service of order. |