, 1854-06-24

Au'Iltu iu luc manner pIollu'u lOl IA Wv
next succeeding section, or if the pialntil
fail to recover in his action.
- Sec. ~. The defendant may, on motion
apply to the court to vaCate the order o.
arrest, on the ground Of the insuiliciency oi
the proof, or hc may show that the facts
alleged, upon which the order Issued, art
untrue, or he may apply to have the amount
of bail reduced If the court upon any
such motion shall yacate the order, the de.
lcndant shall be discharged from the arrest,
aud any bond he may have given shall be
cancelled but the action, unless dismissed
for other cause, shall be conducted IN the
same manner as in cases where II summons
issues.
See. 79 When an order Of arrest is
granted prior to the filing Of the complaint,
the warrant shall not issue until the conf
plant is filed with the clerk. And II copy
Of said complaint shall be served on the de-
fchdant, with the warrant, as in case Of q
summoR but an order Of arrest may be
granted at any time after the action is COM
menced, and before Judgment is satisfied,
when the party seeking the order shall COM
ply with the preceding provisions in regard
TO arrests
Sec. 80 The warrant must be delivered
to the sheriff who, upon arrcsting the de-
feAdant, must deliver to him copy there
Of
Sec. 81. The sheriff shall execute the war
rant by arrcsting the defendant aud keep
ing him in custody until discharged by law
Aud the plaintiff, in first instance, shall be
liable for the sheriff. 'S fees, for the food and
maintenance Of any person under arrest,
which, if required by the sheriff, shall be
paid weekly in advance. And such fees,
so paid, shall be added to the costs taxed
or accruing in the case, and be collected as
other costs. And if the plaintiff shall neg
lect to pay such fees, for three days after
demand in writing, upon the plaintiff
or his attorney, for payment, the sheriff
may discharge the defendant out of Gus
tody. .....-
Sec. 80. The defendant may give bail
by causing bond to be executed by two
or more sufficient balls, stating their places
Of residence and occupations, conditioned
that the defendant shall at all times render
himself ameanable to the process Of the
court. during the pendency Of the action,
and to such as may be issued to enforce the
Judgment rendered therein, or if he be ar
rested for the cause mentioned in the sec
ond subdivision of section seventy-four, it
shall be farther conditioned, that the spe-
cific article Of property or instrument Of
writing which is the subject matter Of the
writ, shall be the forthcoming to abide any
order which shall be made therein, or il he
be arrested for the cause mentioned in the
third subdivision of said section, it shall
be farther conditioned that he will not
commit the injury or destruction alleged to
be threatened in the affidavit or proofs on
which the arrest is ordered
Sec 49, The warrant shall, in all cases,
contain short statement Of the alleged
cause for which the order was granted,
and also the amount for which bail is re-
quircd
Sec. 81. At any time before failure to
comply with their bond, the bail may sur
render the defendant in their exoneration,
or he may surrender himself to the sheriff
of the county where he was arrested in the
IOilOWIlB uldnucr
lst. A certified copy of the bail bond
shall be delivered to the sheriff, who shall
retain the defendant in his custody, there
on, as upon an order of arrest, and by a
certificate in writing, acknowledge the sur
render.
I'd. Upon the production of copy Of
the bail bond and sherilI's certificate,
Judge of the District Court may, upon a
notice TO the plaintiff Of eight days, with
copy Of the certificate, order that the bail
be exonerated, and on filing the order and
the papers used on such application, they
shall be exonerated. accordingly but this
section does not apply to an arrest for the
cause mentioned in the third subdivision Of
section seventy-four. .....r.-
Sec. 50. For the purpose of surrender
ing the defendant, the bail, at any time or
place before they are finally discharged,
may themselves arrest him, OF by written
authority, indorsed on certified copy of
the bond, may empower any person of suit
able age aud discretion to do so. ...
Sec. So In case Of failure TO comply
with the condition Of the bond, the bail eau
be proceeded against by action only.
Sec. 81. The bail may be cxonerated
either by the death of the defendant, or his
Imprisonment in penitentiary, Or by his
legal discharge, from the obligation to rem
der himself amenable to the process, or by his
surrender to the sheriff of the county where
he was arrested, in execution thereof, with
in twenty days after the commencement of
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