The daily phoenix. [volume] (Columbia, S.C.) 1865-1878, 1870-08-12

bail may surrender the defendant in their
exonoration, or he may surrender him
self to the Sheriff of the County where
ho was arrested, in the following man
ncr:
l. A certified copy of the undertaking
OF the bnil shall be delivered to the
Sheriff or Constable, who shall detain
the defendant in his custody thereon, as
upon all order of arrest, and shall, by q
certlhcato IN writing, acknowledge the
surrender.
2. Upon the production of q copy of
the undertaking md Sherifrs or Consta-
6les certificate, Judge or Clerk of the
court may, upon notice to tho plaintiff
OF eight days, with copy of tae certifi-
cate, order that the bail be exonerated; F.;
and ons fling the order and the papers
used on said application, they shall be ex-
shall not apply to an arrest for cause
mentioned in sub division three of Sec
tion two hundred and two, so as to dis
charge the bail from an undertaking
given to the effect provided by Section
two hundred and thirty-four.
SEC. 212. For the purpose of sur.
rendering the defendant, the bail, ut
any time or place, before they are finally
charged, may themselves arrest him, or,
by q written authority, indorsed on
certified copy of the undertaking, may
empower any person of suitable age and
discretion to do SO.
SEC: 2l3. In case of failure to comply
with tho undertaking, the bail may be
proceeded against, by action only.
SEC. 214. The bail may be exoneratcd.
either by the death of tho defendant. or
his imprisonment in State prison, or
by his legal discharge from the obliga.
ton to render himself amenable to the
process, or by his surrender to the
Sheriff or Constable of the County
where he was arrested, in execution
thereof. within twenty days after the
commencement of the action against the
bail, or within such further time as may
be granted by the Court.
SEC. 215. Within the time limited for
that purpose, the Sheriff or Constable
shall deliver the order of arrest to
the plaintiff, or attorney by whom it is
subscribed, with his return indorscd,
and a certified copy of the undertaking
OF the bail. The plaintiff, within ten
Sheriff or Constable a notice that he
does not accept tho bail, or he shall @
deemed to have accepted it. and tho
Sheriff or Constable shall be exoneratc6
from liability.
SEC. PIG. On the receipt of such
notice, the Sheriff or Constable, or dc.
fendant, may, within ten days there
after, give to the plaintiff, or attorney
by whom the order of arrest is sub
scribcd, notice of the Justification of
the same or other bail Specifying the
places OF residence and occupation of
the latter before Judge or Clerk of
the Court, ut specified time and place:
the time to bo not less than five nor
more than ten days thereafter. In case
other bail be given, thcro shall be now
undertaking, in the form prescribed in
Section two hundred and two.
SEC: 217. The qualification Of bail
must be as follows:
l. Each Of them must be n resident
and householder or frechoder, within
the State.
2. They must each he worth the
amount specified in the order of arrest.
exclusive OF property exempt from exc
cution; but the Judge or Clerk of the
Court, on justification, may allow more
than two bail to Justify sevcrally in
amounts less than that expressed in the
order, If the whole justification be
equivalent to that of two sufficient bail.
DEC. AlO. or the purpose Of justif-
cation, each of the bail shall attend be-
fore the Judge or Clerk OF the Court at
the time and place mentioned in the
notice. and may be examined on oath,
on the part of the plaintiff, touching
his suificiency, in such manner as the
Judge, or Clerk of the Court, in his
discretion, may think proper The cx-
animation shall DO reduced to writing,
and subscribed by the bail, if required
by the plaintiff.
SEC. 2lo. If the Judge, or Clerl, of
the Court, find the bail sufficient, he
shall annex the examination to the up-
dcrtaking, indorsc his allowance thereon.
anG cause them to be filed in the office
OF the Clerk; and the Sheriff shall there
upon be eSoncratcd from liability.
SEC. 22O. The defendant may, ut the
time OF hi" arrest, instead OF giving bail,
deposit with the Sheriff or Constable,
the amount mentioned liz tic order.
The Sheriff Shall tlercupon give the de-
fendant ii certificate Of the deposit and
the defendant shall be discharged out of
custody.
SIC. 22l. The Sheriff or Constable
shall, within four days after the deposit,
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