The daily phoenix. [volume] (Columbia, S.C.) 1865-1878, 1868-11-03

Heace, on justification, may allow
more than two bail to justify several
ly in amounts less than that expressed
in the order, if the whole instifica.
tion be equivalent to that of two suf-
ficient bail.
XIX. For the purpose OF iustifica-
tion, each of the bail shall attend be-
fore the Judge, Clerk, or Justice of
the Peace, at the time and place men
toned in the notice, and may be ex-
amined, on oath, on the part of the
plaintiff, touching his sufficiency, in
such manner as the Judge. Clerk, or
Justice of the Peace, in his discre-
tion, may think proper. The ex-
animation shall be reduced to writing
and subscribed by the bail. if re-
quired by the plaintiff.
XXX. If the Judge, Clerk, or JUS
tice of the Peace, find the bail suf1i-
cient, he shall annex the examination
to the undertaking, endorse his al
lowance thereon, and cause them to
be filed with the Clerk, and the She
riff shall thereupon be exonerated
from liability.
XXI. The defendant may, at the
time of his arrest, instead of giving
bail, deposit with the Sheriff the
amount mentioned in the order. The
Sheriff shall thereupon give the de-
fendant q certificate of the deposit,
and the defendant shall be discharged
out of custody.
XXI. The Sheriff shall immedi-
ately after deposit pay the same into
Court, and shall take from the officer
receiving the same two certifca tes of
such payment, the one of which he
shall deliver to the plaintiff and the
other to the defendant. For any de-
fault 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 delinquency, or be forthwith pro-
ceeded against by attachment for con-
tempt as provided in an Act entitled
can Act to regulate the manner of
keeping and disbursing funds by GER
tain officers"
XIII. If money be deposited as
provided in the last two Sections,
bail may be given and justified upon
notice as prescribed in Section II of
this Act, any time before Judgment;
and thereupon 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 refunded accordingly.
XIV. Where money shall have
been 80 d. posted, if it shall remain
on deposit at the time of an order or
judgment for the payment 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 shall
refund the surplus, if any, to the de-
fendant. If the judgment be in
favor of the defendant the Clerk
shall refund to him the whole sum
and remaining unapplied.
XIV. II, after being arrested, the
defendant escape or be rescued, or
bail be not given or justified, or de-
post be not made instead thereof,
the Sheriff shall himself be liable as
bail. But he may discharge himself
from such liability by giving and JUS
tlfication of bail, Us provided in Sec
tions II, 18, 10 and 90, of this Act,
at any time before process against
the person of the defendant to enforce
an order or judgment in the action.
XVI. If judgment be recover
ed against the Sheriff, upon his liabi-
lity as bail, and On execution thereon
be returned unsatisfied, in whole or
in part, the same proceedings may be
had on the official bond of the She
riff, to collect the deficiency, as in
other cases of delinquency.
XVII. The bail taken upon the
arrest shall, unless they justify. or
other bail be given or justified, be
liable to the Sheriff, by action, for
damages which he may sustain by
reason of such omission.
XVIII. A defendant arrested
may, at any time before judgment,
apply, on motion, to vacate the order
OF arrest, Oh to reduce the amount of
bail.
xxx. II the motion be made
upon affidavits, on the part of the
defendant, but not otherwise, the
plaintiff may oppose the same by
affidavits or other proofs, in addition
to those on which the order of arrest
was made.
xxx. The word ''plnintiff. as
used in this Act, shall be construed
to mean the party moving or COM
planning in an action or suit; and The