, 1854-06-24

uuNS IntfedllcT III case OIneT Ddl De glN
en- there must be a new bond in the forl
prescribed in section eighty-two.
Sec. 90. The qualifications Of bail shal
he as follows:
lst Each Of them shall be rcsidcn
Of the Territory but no counsellor or at
torney at law, sheriff, clerk of the Distric
Court, or other officer of such court, shal
/ be permitted to become bail in any action
Cd. Each Of the bail shall bc worth tn
amomt specified in the order Of arrest, o
the amount to which the order may be re
duccd as provided in this act, over an,
above all debts and liabilities, and eXclu
siye of property exempt from execution
but the judge or justice on Justification ma,
allow more than two surttics to Justify scv
orally in amounts less than that expresset
in the order if the whole Justification bt
equivalent to that Of two sufficient bail.
See. 81. For the purpose Of justlica
ton, each Of the bail must attend before
the Judge or justice Of the peace, at the
time and place mentioned in the notice, anC
may be examined on oath, on the part O
the plaintiff, touching his sulliciency in sucf
manner as the judge or justice Of the peace
in his discretion may think proper the cx
animation must be reduced to writing, and
subscribed by the bail if required by the
plaintiff.
Sec. %. If the judge or justice find the
bail sufficient, he shall annex the cxamina
tiOn to the bond indorse his allowance
thereon, and cause them to be filed with
the clerk; and the sheriff shall thereupon be
eXoncratcd from liability.
Sec. 93. The defendant may, at the
time of his arrest, instead of giving bail,
deposit with the sheriff the amount men.
toned in.the order the sheriff must there.
upon give the defendant certificate of the
deposit, and the defendant shall be dis.
charged out of custody.
Sec. "a. The sheriff shall within ten
days after the deposit pay the same into
court, and take from the officer receiving
the same, two certificates of such payment,
the one Of which he must deliver to the
plaintiff and the other to the defendant
for any default in making such payment,
the same proceedings may be had on the
official bond of the sheriff, to collect the
sum deposited as in other cases of delin-
quency. .r.. .
. Sec. 95. If money be deposited as pro-
vided in the last two sections, bail may be
given and justified upon notice as herein
before provided, at any time before judg-
ment, and thereupou, the Judge, before
whom the justification is had, shall direct
in the order Of allowance, that the money
deposited, be refunded by the sheriff or
clerk to the defendant, and it shall be re-
funded accordingly. .
See. e6, When money shall have been
so deposited, if it remain on deposit, at the
time of an order or Judgment for the pay.
ment of money to the plaintiff, the clerk
shall, under the direction of the court,
apply the same in satisfaction thereof, and
after satisfying the Judgment, refund the
surplus, if any, to the defendant; if the
judgment be in favor of the defendant, the
clerk shall refund to him the whole sum de-
posted and remaining mapplied. U .
Sec. 81. If after being arresed the de-
fendant escape or be rescued, or bail be
not given or justified, or deposit be not
made instead thereof the sheriff shall him
self be liable us bail, but he may discharge
himself from such liability by the giving
and justification of bail, as IS herein before
provided, may be done by the defendant, at
any time before process against the person
of the defendant, to enforce an order OF
Judgment in the action. rr....
See, 9S. If a judgment be recovered
against the Sheriff upon his liability as
bail, and an execution thereon be returned
unsatisfed in whole or in part, the same
proceedings may be had on the official bond
of the sheriff to collect the deficiency as in
other cases of delinquency.
See. 90. The bail taken on the arrest,
shall unless they justify, or other bail be
given, or justified, be liable TO the sheriff
by action for the damages which he may
sustain by reason Of such omission,
CLAIM AND DELIVERY OF PERSONAL PROP
ERTY.
100. The plaintiff in an action TO recO,
yer the possession Of personal property,
may at the time of issuing the summons, or
at any time before answer, claim the i'm
mediate delivery of such property as here
in provided.
l0l. When q delivery is claimed, an af-
fidnvit shall be made by the plaintiff, OF
by some one in his behalf, showing
/. That the plaintiff is the owner of the
property claimed particularly describing
it or is lawfully entitled to the possession
thereof by virtue of special property
therein, the facts in respect to which shall
be set forth.
? That the property is wrongfully de-
tanned by the defendant
3. That the same has not been taken for a
tax, assessment or fine, pursuant to stat
ute, or seized under an execution or at
tachment against the property of the plain
tiff, or if so seized that it is by law exempt
from such seizure and
4. The actual value of the property