The Key West citizen. [volume] (Key West, Fla.) 1879-current, 1939-09-07

(c) When the court or judge is
satisfied that the bail should be in
creased or new or additional Sc
curity required.
Id When an indictment has been
found against the defendant for an
offense in respect of which he is not
bailable.
(e1 The order for the commit
ment of the defendant shall recite
general facts upon which it is
founded. and shall direct that the
defendant be arrested by any OFF,
cial authorized to make arrests. and
that the defendant be committed to
the official in whose custody he
would be had he not given bail. to
be detained by such official until
legally discharged.
(f) The defendant shall be arrest
ed pursuant to such order upon a
certified copy thereof, if any coun-
ty. in the same manner 2s upon a
warrant of arrest.
(g) If the order provided for is
made because of the failure of the
defendant to appear for Judgment or
because an indictment has been
found against him for an offense in
respect of which he is not liable, the
defendant shall be committed.
(h) If the order is made for any
other cause and the defendant is
bailable the court or judge may fix
the amount of bail and direct in the
order that the defendant be admit
ted to bail in the sum fixed which
sum shall be specified in the order.
Sec. 81. Bail After Recommitment
Who May Admit To. If the defend
an applies to be admitted to bail
after recommitment and he is bail
able he may be admitted to bail by
the court which recomInitted him.
Sec. 68. Qualifications of Surety
After Order or Recommitment. If
the defendant offers bail after COM
mitment. each surety shall possess
the qualifications and sufficiencv. and
the bail shall be furnished in all re-
spects in the manner prescribed for
admission to bail before recommit-
ment.
Sec &c. Forfeiture of the Under
taking-When and How Directed. "a
If there is a breach of the under
taking. the court before which the
cause is pending shall make a rec
ord thereof and shall declare the
undertaking, and any money or
bonds that have been deposited as
bail. forfeited.
(2) Upon said undertaking being
forfeited the Clerk of the trial court
shall Immediately transmit the I'M
dertaking and any affidavits, to the
Clerk of the Circuit Court of the
county in which said undertaking
and affidavits are filed, who shall
of said County. and if said under
taking and affidavits describe real
property in another county,
the Clerk of the trial court shall
transmit said undertaking and aft
davits to the Clerk of the Circuit
Court of such other county, who
shall likewise record same, and re-
turn said undertakings and affi-
davits to said first mentioned Clerk
The undertaking and affidavits shall
be alien on any real property de-
scribed in the same. from the time
of the recording thereof in the coun-
tv in which the property is situated
Upon the filing of an order by the
court having jurisdiction. with the
Clerk of the Circuit Court of the
county where the property Is sit
uated. cancelling the undertaking,
the lien shall be discharged.
CD The undertaking and affidavits
shall be a lien on any real property
described in the same for a period
of one year from the time of the
recording thereof in the county in
which the property is situated and
thereafter until the final determine
ton of any action or suit brought
thereon instituted within such one
year period. and if no action is in
stituted within one year from date
of recording; the lien shall stand
discharged After the expiration of
the undertaking and affidavits were
recorded the same shall not con-
tinue a lien even though an action
or suit is instituted unless in con-
nection with the institution of such
action or proceeding a lis pendence
notice is filed and recorded.
Sec. 20. Discharge of Forfeiture.
If. at any time within ten DAYS
after the undertaking has been for
ing is satisfactorily exnlained and
the defendant shall in all other re-
spects have complied with the condi-
ton of the undertaking the court
before which the case is pending may
direct the forfeiture of the under
taking to be dicharged upon such
terms as are just.
Sec. II. Enforcement of Forfeit
ture. If the forfeiture is not dis
charged. and the undertaking is one
secured otherwise than by the de-
the duty of the prosecuting attorney.
Immediately after the lapse of 80
DAYS after the date of forfeiture.
but in any event within one year
from said date. to proceed against
the defendant or any surety upon
his undertaking as follows: The
prosecuting attorney shall file a certi-
fed copy of the order of the court
or judge FORGETTING the same, in the
office of the Clerk of the Circuit
Court of the County wherein such
order shall have been made. and
thereupon the Judge of the circuit
in said county shall enter judgment
against the person bound by the
undertaking for the amount of the
penalty of said undertaking. and
execution shall be issued to collect
the amount of said undertaking.
Sec. u. Remission of Forfeiture
After the entry of judgment on the
undertaking. the court entering the
judgment may for a reasonable
cause shown within 30 days set
aside the judgment in whole or in
part upon such terms as are just; and
shall set aside the same If it shall
appear that there was no breach
of the undertaking.
Sec. 70. Application for Remission
or Forfeiture-How made and on
What Terms Granted. Application
to set aside or modify the judgment
shall be made within 25 days from
the entry of judgment and shall be
accompanied by affidavits setting
forth the facts on which il is found
ed: and shall be upon at least 5
DAYS notice to the prosecuting at
torney Of the county. Such notice
shall be accompanied by a copy of
the affidavit and of any other paper
on which the apnlication is founded
The application shall be granted only
upon payment of the costs and ex-
penses incurred by the county In
the proceedings for the enforcement
OF the forfeiture unless ii is grant
ed on the ground that there was nc
breach of the undertaking.
Sec. IA. Concelling the Under.
taking. When the Condition, Of fha