The daily phoenix. [volume] (Columbia, S.C.) 1865-1878, 1868-11-03
FT3 JTba ori1a,. nov ., 8,

~ ~ --.f, = 10 OkhOE ka1y Uo IuhU6 To aC-
COMPANY the summons or at any time
afterwards before Judgment. 1t shall
REQUIRE the Sheriff Of the County
where the defendant may be found
forthwith to arrest him and hold him
to bail IN specified eun, and to
return the order at time and place
therein mentioned to the plaintiff or
attorney, by whom it shall be sub.
scribed or endorsed.
VII. But said order of arrest shall
be of no avail and shall be vacated or
set aside on motion, unless the same
is served upon the defendant, as pro-
vided by law, before the docketing of
any judgment in the action: and the
defendant shall have twenty days
after the service of the order Of ar
rest in which to answer the complaint
or affidavit in the action, and to move
to vacate the order of arrest or to re-
duce the amount of bail.
VIII. The affidavit and order of
arrest shall be delivered to the She
riff, who, upon arresting the defend
ant, shall deliver to him a copy
thereof.
TX. The Sheriff shall execute the
order by arresting the defendant apd
keeping him in custody until dis
charged by law, and may call the
power of the County to his aid in the
execution of the arrest.
x. The defendant, at any time be-
fore execution, shall be discharged
from the arrest, either upon giving
bail or upon depositing the amount
mentioned in the order of arrest, as
provided in this Act.
XI. The defendant may give bail
by causing n written undertaking to
be executed by two or more sufficient
bail, stating their places of residence
and occupations, to the effect that
the defendant shall, at all times, rem
der himself amenable to the process
of the Court during the pendency of
the action, and to such as may be is
sued to enforce the judgment there
in; or if he be arrested for the cause
mentioned in the third sub division
mentioned in Section 2 of this Act,
an undertaking to the same effect as
that provided by Section fourth in an
Act entitled can Act to regulate at
tachments."
XII. At any time before failure
to comply with the undertaking, the
bail may surrender the defendant in
their exoneration, or he may surren-
der himself to the Sheriff of the
County where he was arrested, in the
following manner:
1st. A certified copy of the under
taking of the bail shall be delivered
to the Sheriff, who shall detain the
defendant in his custody thereon, as
upon an order of arrest, and shall,
by certificate in writing, ackuow-
ledge the surrender.
I'd. Upon the production of a copy
of the undertaking, and Sheriff's Ger
tificate, Judge or Clerk of the Court
may, upon noticeto the plaintiff of
five days, with copy of the certifi-
cate, order that the bail be exone-
rated, and on filing the order and the
papers used on said application, they
shall be exonerated accordingly. But
this Section shall not apply to an ar
rest for cause mentioned in ub-diyi-
sion three Of Section of this Act,
SO as to discharge the bail from an
undertaking given to the effect pro-
vided by Section fourth of an Act
entitled can Act to regulate attach
ments."
Kill For the purpose of surren-
dering the defendant, the bail at any
time or place, before they are finally
discharged, may themselves arrest
him, or by written authority, en-
dorsed on q certified copy of the un-
dertaking, may empower any person
of suitable age and discretion to do
so.
XIV. In case of failure to COM
ply with the undertaking, the bail
may be proceeded against in the
manner heretofore provided by law,
not inconsistent with this Act.
XIV. The bail may be exonerated
either by the death of. the defendant,
or his imprisonmentin in IL State prison,
or by his legal discharge from the OBJ
legation to render himself amenable
to the process, or by his surrender to
the Sheriff OF the County where he
was arrested, in execution thereof,
within twenty days after the COM
of the action against the
bail, or within such further time as
may be granted by the Court.
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,
4. L