The Newberry herald. [volume] (Newberry, S.C.) 1865-1884, 1868-11-11

bail may be proceeded against in
the. manner heretofore provided
by law, not inconsistent with this
! Act. 49,. ...-.... "~~
XIV. The bail may. be exoner-
ated either by the death of the
defendant, or his imprisonment in
State prison, or hy his legal dis
charge from the obligation to rem
D.. der himself amenable to the pro
cess, or by his surrender to the
Sheriff of the countywhere he was
arrested, in execution thereof,
within twenty days after the COM
mencement Of the action against
| the bail, or within such further
time as may be granted by the
Court. y, .s.s,....-. ..- ->....s,
XVI. Within the time limited
for that purpose the Sheriff shall
! deliver the order of arrest to the
plaintiff or attorney by whom it
is subscribed, with his return
endorsed, and a certified copy
of the undertaking of the bail.
The plaintiff, within ten days
thereafter may serve upon the
Sheriff notice that he does not
accept the bail, or he shall be
deemed to have accepted it, and
the Sheriff shall be exonerated
from liability. H..
T XVII. On the receipt of such
notice the Sheriff or defendant
/ may, within ten days thereafter,
give TO the plaintiff, or attorney
by whom the order; of arrest is
subscribed, notice of the justifea-
ton of the same or other bail,
| Specifying the places Of residence
and occupation Of the latter,) be-
| fore a Judge or Clerk of the Court,
at g specified time an" place; the
time to be not less than five nor
more than ten days thereafter.
! In case other bail be given, there
Shall shah be anew undertaking, in the
form prescribed in Section H.
XVIII. The qualifications of
bail must be as follows:
1st. Each of them must be a
resident and a householder or free
holder within the State.
I - I'd. They must each be worth
the amount specified in the order
of arrest, exclusive of property ex-
Tempt from attachment or execu-
ton; but the, Judge Clerk, or a
Justice of the Peace, on justifica-
tion, may allow more than two
bail to justify severally in amounts
less than that expressed in the or
der, if the whole justification be
equivalent to that of two sufficient
bail. *,~.s<~4a .->.....',. =,
XIX. For the purpose of justi-
feation, each of the bail shall at
tend before the Judge, Clerk or a
Justice ofthe Peace at the time and
place mentioned in: the notice, and
may be examined, on oath, on the
part Of the plaintiff, touching his
suAiciency, in such manner as the
Judge, Clerk or Justice. Of the
Peace, in his discretion, may think
! proper. The examination shall
be reduced to writing and sub
scribed by the bail, if required by
the plaintiff:
Xxx. Ifthe Judge, Clerk or JUS
tice of the Peace find the bail suf-
fcient, he shall annex the exami-
nation to the undertaking, endorse
his allowance thereon, and cause
them to be filed with. the Clerk,
and the Sheriff shall thereupon be
exonerated from liability. ~
XXI. The defendant may, at
the time of his arrest, instead OF
giving bail, deposit with the She
riff the amount mentioned in. the
order. The Sheriff shall thereup-
| on give the defendant q certificate
of the deposit, and the defendant
shall be discharged out Of custody.
| XXI. The Sheriff shall imme-
diately after deposit, pay the same
into Court, and shall take from the
officer receiving the same two GER
tifcates of such payment, the one
of which he shall deliver to the
plaintiff and the other to the defen-
| dant.. For any default in maxim