The Charleston daily news. [volume] (Charleston, S.C.) 1865-1873, 1868-10-13

fed copy of tho undertaking Of the bail. The
plaintiff, within ten days thereafter, may serve
upon the Sheriff notice that he does not ac-
cept the bail, or he shall be deemed to have ac-
cepted it. and the Sheriff shall be exonerated
from liability.
XVII. On the receipt Of such notice the Sher-
if or defendant may, Within ten days thereaf-
ter, give to the plaintiff OF attorney by whom
the order Of arrest is subscribed, notice OF the
justification Of the same or other bail (specity-
ing the places of residence and occupation OF
the latter), before Judge or Clerk Of the Court,
ut specified time and place; the time to be
not less than five nor more than ten days there
after. In case other bail be given, there
shall be new undertaking, ID the form pre-
scribed in Section Ii.
XVIII. 1he qualifications Of bail must be as
follows:
1st. Each of them must be a resident and
householder or freeholder within the Slate.
I'd. They must each he worth the amount
specified IN the order of arrest, exclusive OF
property exempt from attachment or execu-
tion; but the Judge, clerk, or o justice OF the
peace, on justification, may allow more than
two bail to justify severally in amounts less
than that expressed in the order, II the whole
justification be equivalent to that OF two su1ti-
cient bail.
XIX. For the purpose of justification, each
of the bail shall attend before the judge, clerk
u
mentioned IN the notice, and may be examined
on oath, on the part of the plaintiff; touching
his sufhciency, IN such manner as the Judge,
clerk OF Justice Of the peace. in his discretion,
may think proper. The examination shall be
reduced to writing and subscribed by the bail
if required by the plaintiff.
Xxx. If the Judge, Clerk or Justice OF the
Peace find the bail sufficient, he shall annex
the examination to the undertaking, endorse
his al owance thereon, and cause them to be
fled with the Clerk, and the Sheriff shall there
upon be exonerated from liability.
MI. 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 defendant
certificate of the Deposit and the defendant
shall be discharged out Of custody.
XIII. The Sheriff shall Immediately after
deposit pay the same into Court, and shall take
from the officer receiving the same swo certih-
Gates of such payment, the one OF which he
shall deliver 10 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 delinquent
cy. or be forthwith proceeded against by at
tachment for contempt % provided n an act
entitled Gan act to regulc.c the manner OF
keeping, and discussing funds BY certain
officers"
XIII. Ii 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 justin
cation is had shall direct, in the order OF al,
lowance, 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 so de-
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, il any, to-
the defendant. II the Judgment be Ill favor OF
the defendant the clerk shall refund to him the
whole sum deposited and rem aiming unappllei
XIV. II, after being arrested: the defendant
escape or be rescued, or bail be not given or
justified, OF depusit be not made instead
thereof, the Sheriff shall himself be liable as
bail. But he may discharge himself t. ON suc1
liability by giving and justitlcatlon OF oall, as
act, at any time before process against the
person Of the defendant to enforce an order or
Judgment in the action.
XVI. If q judgment be recovered against
the Sheriff upon his liability as bail, anu an
execution thereon be returned unsatlsted, IN
whole or in part, the same proceedings may be
had on the official bond of the Sheriff. to col
Iect the deficiency, as in other cases OF delln-
XVII. The bail taken upon the arrest shall,
unless thew Justify, O, other bail be given or
justified, be liable to tho sheriff, by action, To-.
damages which he may sustain by reason OF
such omission.
XXvIII. A defendant arrested may, at any
time before judSmen:, apply, Oh motion, to
vacate the order o. arrest, or to reduce the
amount Of bail.
xxx. If the motion be made upon affida-,
Wits on the part of the defendant, but not
otherwise the plaintiff may oppose aat;am the same ie
those on which the order of arrest was made.
Xxx. Tho word plaintiff" as used in this
act, shall be construed to mean the party
moving or complaining in an action or suit,
and the word defendant" as the adverse
party. ,s
September, in the year of our Lord one
thousand eight hundred and sixty-eight.
L. BOOZER,
President Of the Senate.
FRANKLIN j. MOSES, JR.,
Speaker House Of Representatives.