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

holder or freeholder within the
State, and worth double the sum
specified in the undertaking over
all his debts and liabilities.
VI. The order may be made to
accompany the summons 4or'at any
time afterwards before judgment.
It shall require thetsheriff of the
county where the; defendant may
be found forthwith to arrest him
and hold him to bail in a specified
sum, and. to return the order at a
time, and place therein. mentioned
to- the plaintiff or attorney, by
whom it shall be subscribed or en-
dorsed, = :# =. = :. -.
: 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 provided bylaw,
before the ,docketing Of any judg-
ment in the action !; and the: de-
fendanfs shall have twenty days
after the service of the order of
arrest in which to answer the
complaint or affidavit in the action,
and to move to tvacate the order
Of arrest or to. reduce the amount
of bail. = -. =, =. .,'.'.. -. ,.,.,
VII. The. affidavit: and order of
arrest shall be delivered to- the
Sheriff who, upons arresting the
defendant, shall deliyer to him a
eopythereof> -; ,.
XXI. The Sherifs sshal1 execute
the order BY arresting the defen-
dant and keeping himsin custody
until discharged BY law, and may
call the power of the county to his
aid in thesexeeusion. Of the arrest.
X. The; defendant, at any time
before execution, shall be dis
charged from the, arrest, either
upon giving bail or upon deposit
ing the amount mentioned in the
order of arrest, as provided in this,
Act. s, : <: - - -. 9, -, X. :
: .XI. The defendant may give
bail BY causing a written under
taking to be executed by two or
more suffieientbail, stating their
places Of residence and occupa-
tons, to the effect that the defen-
ldant shall, at all times, render
himself amenable to the process of
the Court during the pendency Of
the action, and to such as may be
issued to enforce the judgment
therein 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
sameeffect as that provided by See
ton fourthin an Act entitled can
Act to regulate attachments"
: XII, At any time before a fail
ure to comply with the undertak-
ing, the bail may surrender the de-
PENDANT IN their exoneration, or he
may surrender himself to the Sher-
mif if Of the: county where he was ar
rested, in the following manner:
1st. A certified copy of the un-
dertaking of the bail shall be de-
Hvered< to the. Sheriff, who shall
detain the defendant in his custo-
dy thereon, as upon an order. of
arrest; and shall, by a certificate
in writing, acknowledge the sur
render : ...ss:.s
- 3D.. Upon the production Of a
copy of the undertaking. and
Sheriffe's certificate, a Judge or
Clerk ofthe Court may, upon a
notice tothe plaintiff, of five days,
with a copy of the certificate, or
der that the bail be exonerated,
and on fling the order and the
papers used on said application,
they shall be exonerated accord
ingly:~ But this Section shall not
apply to an arrest forzcause men
toned in subdivision three Of Sec
tion 2 of this. Act, so as to dis
charge the bail from an undertak-
ing given to the effect provided
by Section fourth of an Act enti-
tied "An Act to regulate attach
E.---Ss 90
ments." : .,..-~.--~, ..
XIII. For the purpose of sur.
rendering the defendant, the bail,
at any time or place, before they