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

without leave.
90 If he is admitted to bail after
he has been held to answer by a
magistrate. or after an indictment
found or an information filed against
him. the condition of the undertake
ing shall be that he will appear to
answer the charge before the court
in which he may be prosecuted and
submit to the orders and process of
the court. and will not depart with
out leave.
Sec. Sc. Bail on Appeal-Condition
of the Undertaking. If the defendant
is admitted to bail. after conviction
and upon appeal. the condition of the
undertaking shall be:
(a) That he will duly prosecute
his appeal.
(b) That he will surrender himself
in execution of the judgment or SEN
tence upon it being affirmed or modi-
fed. or upon the appeal being dis
missed or in case of judgment is re-
versed and the cause remanded for a
new trial that he will appear in the
court to which said cause may be
remanded and submit himself to the
orders and process thereof. and will
not depart without leave.
Sec. 81. Contracts to Indemnify
tease of any person on bail. shall
file with the undertaking an affidavit
stating whether or not he or any
one for his use has been promised
or has received any security or con-
,sideration for his undertaking, and
if so. the nature and amount thereof,
and the name of the person by whom
such promise was made or from
whom such security or considera-
ton was received ANY wilful mis-
statement in such affidavit or any
intentional omission to set forth in
the affidavit all the security or con-
sideration promised or given shall
render the person making it subject
to the same prosecution and penalty
as one who commits perjury An
action to enforce anv indemnity
agreement shall not lie in favor of
the surety against such indemnitor,
except with respect to agreements
set forth in such affidavit. In an
surety to recover any collateral or
security given by the indemnitor,
such surety shall have the right
to retain only such security or COL
lateral as is mentioned in the affi-
davit required above.
Sec. So. Bail bv Fidelity or Sur
ETY. Company. Bail may be given by
a fidelity or surety company autho-
rized to act as surety within this
State. Any such company may exc
cute the undertaking as surety by
the hand of an officer or attorney
authorized thereto by a resolution
of its board of directors, a certified
cow of which, under its corporate
seal. shall be on file with the clerk
of the Circuit Court. And same must
be renewed annually.
Sec. SO. Deposit of Money or Bonds
as Bail. When the defendant has
been admitted to bail he. or another
in his behalf. may deposit with an
official authorized to take bail, a sum
of money. or non-registered bonds OF
the United States, or of the state,
or of any county, city or town with
in the state. equal in the market to
the amount mentioned in the order
admitting the defendant to bail, to-
gether with his personal undertake
ing. and an undertaking of such 9TH
er person. if the money or bonds
are deposited by another. Upon de-
livery to the official in whose Gus.
tody the defendant is of certificate
ed from the CUSTODY in the cause
Sec. go. Substitution of Cash Bail
for Other Bail. When bail other than
a deposit of money or bonds has been
given the defendant or the surety
may. at anv time before a breach of
the undertaking. deposit the sum
mentioned in the undertaking. and
upon such deposit being made &C
companied by a new undertaking.
the original undertaking shall be
cancelled.
Sec. 81. Bail After Deposit of
Money or Bonds. If monev or bonds
kas 6xv
may be substituted therefor at any
time before a breach of the under
taking. and the official taking the
new bail shall make an order that
the money or bonds be refunded to
the person depositing the same and
they shall be refunded accordingly.
and the original undertakings shall
be cancelled.
Sec. 81. Increase or Reduction of
Bail. The court in which a prosecu-
ton is pending may for good cause.
after notice. either increase or re-
duce the amount of bail or require
new or additional bail.
Sec. So. Surrender of Defendant,
At any time before there has been
a breach of the undertaking any
surety may surrender the defendant,
or the defendant may surrender him
self. to the official to whose custody
time bail was taken. or to the off,
cial into whose custody the defend
ant would have been given had he
been committed.
Sec. 81. Method of Surrender
Exoneration of Obligors. % The
person desiring to make a surrend-
er of the defendant shall procure a
certified copv of the undertakings
and deliver them together with the
defendant to the official in whose
custody the defendant was at the
time bail was taken. or to the official
into whose custody he would have
been given had he been committed.
who shall detain the defendant in
his custody thereon. as uDon a COM
mitment. and by a certificate in
writing. acknowledge the surrender.
CD Upon the presentation of a
certified copy or the undertakings
and the certificate of the official,
the court before which the defendant
in which the preliminary examina-
ton. indictment. information or ap-
peal. as the case may be. is pend
ing. shall upon notice of three DAYS
given by the person making the sur
render to the prosecuting officer of
the court having jurisdiction of the
ionense. together with a copy of the
undertakings and certificate. order
that the obligtors be exonerated from
liability or their undertakings; and,
if money or bonds have been depos-
tied as bail. that suc:i money. or
bonds be refunded: and on filing
the order and the papers used in the
application all persons bound are
hereby exonerated. and If money or
bonds have been deposited as bail,
such money or bonds shall be re-
funded.
Sec. 65. Arrest of Principal BY
Surety. For the purpose of sur
rendering the defendant. the surety
may arrest him before the forfeiture
of the undertaking, or by written
authority endorsed on q certified
copy of the undertaking, may en-
power any peace officer to make ar