The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1848-03-03
CODE OF PROCEDURE.
AN ACT
To simplify and Abridgc the PI actis G, PIend-
lass, and Proceedings OF the Courts of this
State,


To simplify and Abridgc the Piacthc, rIe.d-
bass, and Proceedings OF the Courts of this
State,
rcosrINuED.l
TITLE VII.
OF THE PROVISIONAL REMEDIES IN CIVIL ACTIONS
CHAPTER /.
iRRFsr AND BAIL
SCI, 1853 No person shall be arrested In civil action
no Ct h. sSs sSosS for debt and
to punish fraudulent DEBTORS pa1ed April 49, 1881 CT
act amending the same, NOS shall 1t apply to pro-
SEQ 54 The defendant may BE- arrested hereinafter
pr-ecribed, in tho following cares
In action for the recovery Of damages, on cause
OF action not arising out OF contract.
,. la action for fine penalty, or on promise
80 marry for moneys collected by pubic officer
by s,torney solicitor COUNSELLOR la the course OF
Dis employ ment such or by airy person in hcucsry
or for misconduct or neglect In ofioe or In
In an action to r. cover tho possession Of personal
property urusy detained where the property shall not
have been delivered to the plaintiff as provided In the
But female shall be arrested in action arising on
contract or In any other seton except ior "u i'Ju
Sac I55 An order tor the srres Of the defendant must
q from judge OF the court IN which the ss-
rson Is brought. or from a county judge
Sac 1855 The order mcy be made. where It shall ap-
to the judge by tbs s avt Of the plaintiff of
ay other person. that sisnt Of action exists
and excepting in the cpses mep,is ned in the second
subdivision OF section l5l that the defendant not
resident ~ the state or Is shout TO remove tnsreom
qnire written undertaking. the part Of tho petntih,
WITH or without sureis to the effect that 1t the defen.
dant recover the plaintiff will pay all costs that
may be awarded to the and all dAmases which
he msy rusian by Of the arrest rot exceeding
least two hundred fifty dollars If this undertaking
b. executed by tbs psiuiH without suretics be shall
thereto an am avi. thas no sss na wo,sh
double the specified in the undert hing over all his
debts and liabilities
SEQ l5s The order may be made at the tins Of com
oeDcng the action at any time afterwards bsfore
Judgment II shall require the sheriff OF tn, county,
him. ard hold him to bail in specified sum, and to
turn toe at time and place therein mentioned to
the air or attorney by whom 1t shall bs subscribed
SO SO The AFFIDAVIT and order of arrest shall be de-
lvered TO the sherH who upon arrestng the defendant
thsli deliver to him copy thereof
Sec 100 The sheriff shall execute the order, by ar
resting ths defendant and keeping him In custody,
county his AID in the execution Of the arrest in
case Of process
ssc 1911. The defendant, at any time before execu-
ton, shall BIS discharged from the arrest either upon
gvirg ball. upon depositiug the amount mentioned
In the order Of arrest, provided in this chapter
SEQ l62. The defendant may give bail, BY causing
written undertaking to be executed by suf
fcent bail stating their places Of residence and occu
patioss the effect that defendant shsli at all
tmss render himself am.nabe to the process of tue
court during the psndeacy Of the actoo and to sach
es msy be s'ued to enforce the Judgment herein
SEQ 1863 AT au time before failure to comply with
their the bail may surrender the defendant
ia their exoneraton, or he may surrender himseh to
the sheriff of the county where he was arrested IN the
/ A oertiasd copy of tho undertaking Of the bail
snail ne Delivered to the sheriff VINO snail aesala sns
arrest end shall by certificate in writing, acknowledge
the surrender
Upon the undertaking and sheriff Is certificate,
Judge Of the court county judge, may upon notice
10 the plaintiff Of eight days with copy Of the under
aud on og the order and tho papers used such sp-
plica,ios they shall be exonerated accordingly.
SEQ l64 For the purpose Of surrsnderins the dsfen
nj I'm hoi ar oVVf inn nsnCA
y charged, nsy themselves arrest him. or by written
authority endorsed certified copy of the undertake
ns may empower any person Of suitable age and dcr'
SEQ 1855 In case of failure to comply with the under
taxing tho bail may be proceeded against oy action
SEQ les The bail may be exonerated, either by the
dsath OF the defendant or by his legal discharge from
thu obg alton render himself amenable to ths process
bis surrender to the sheriff OF the county whore he
was arrested, in execution thereof within twenty days
alter the of the action against the ball
or within such further time AZ may be granted py the
court.
SIC I67 Within the time limited for that purpose,
the sheriff shall deliver the order Of arrest to the plain
tiff attorney by whom s subscribed with bis return
endorsed and the undertaking OF the Dai Inc PLAN
takingt the sheriff, with notice that he does not
accept it; he she'll bs deemed to have accepted It,
and the sheriff shall be exonerated from liability
Sec. los On the recspt Of the undertaking and no
tce the sheriff may, within ten days thereafter give to
subscribed notice OF the Justification OF the same or
other ball. speoyng the places Of residence and occu-
p.tion. Of the latter esfGrs Judge ct sp.olnea time
than ten days thereafter In case other bail be given
there shall be undertaking. in the form prescribed
SEC ios The qualifications Of bail must BIS as fol-
lows:
Esoh Of Thorn must b. Q resident, and householder
or freebodsr, within the State.
.. They must each be worth tbs amount spe,ifed in
the order of but the judge.
allow tn two bail to justify seversly In amounts
,sss than that expressed In tue order the whole ust
hcation b. equivalent to that Of two sufficient bail
~ t,sttA nrftA If tha
bail 81 all attend before The judge at the time and place
mentioned in the notice. and may be examined oath,
the part of the plaintiff touching his suciency In
such the judge, in his discretion may think
proper Tbs examinstoa ehall be reduced to writing,
Gnd subs ribbed by the bail
Sec III If Tia judge and ths bail sufficient he shall
annex the examination 10 the undertaking. endorse his
aowance thereon, and deliver the to the plaintiff
them to be hed and the sheriff shall
be srated from liability.
Sec liz The defendant may at the time Of his arrest
instead ofgivng BAIL deposit with the sheriff the amount
mentioned in the order The sheriff shall hereupon give
the defendant certificate Of the dep1st and the fem
dent shall be discharged out o. custody
Sec ia The sherif SHALL within four days after the
deposit pay the sae into court and shall receive from
the clerk two certificates Of such the ooe of
che defendant For any default in making ment,
the same proceedings be had the ccal bond Of
the hern to collect the deposited as in other cases
sc Ia II money be deposited as provided 10 the las.
two sections bail may be gwen and Justified upon notice
az prescribed in section 6s any time before sment
and theru2or the jutga before whom justification
hsd 'hall direct IN ths order of allowance that he
money deposited be refunded by the sheriff to The defen
dant, and IL shsll be refunded accordingly
sea VS. Where M ney shall have been deposited
It remain deposit at the tins Of CIDER judy
for tho payment of money the plaintiff the clerk
th all under the direction Of the Court apply the same
in satsac ion thereof ana after sasfyug ths
Ill the surplus II any to the defendant the
judgment be in favor Of the endsnt the clerk shall
reu,d to hin the whole gum deposited and remaining
usspplied.
See i76 IT, after being arrested tho defendant escape
or be rescued or bail be not given and justified,
deposit be not mad- instead thereof the shern rhal
be liable bail But he may discharge himself
such liability by the giving and Of bail
as provided in sections l6s l69 no. and ILL., any time
process against the Of the defendant TO en-
fofce an order or Judgment In the action
Sec III II Judgment be recovered against the She
rG upon his liability ball. and execution thereon
be returned uasati,fed in whole In part, the
proceedings may be had on the official bond Of the sheriff
to collect the deficiency, AS in other CAGES Of den
qucncy