either of these conditions, that we will pay to the people of the state of New York the sum of dollars," (inserting the sum in which the defendant is admitted to bail.]

§ 582. Sections applicable hereto. The provisions contained in sections 569 to 577, both inclusive, apply to the qualifications of the sureties, and to all the proceedings respecting the putting in and justification of bail, and incidental thereto.

ARTICLE IV.

BAIL UPON AN APPEAL.

SEC. 583. Who may admit to bail.

584. Notice of the application, when required.
585. Qualifications of bail, and how put în.

§ 583. Who may admit to bail.-In the cases in which the defendant may be admitted to bail upon an appeal, as provided in section 556, the order admitting him to bail may be made, either by the court from which the appeal is taken, or the presiding judge thereof, or by the appellate court, or a judge thereof, or by a judge of the supreme court.

Peo. v. Bowe, 58 How. Pr., 393.

§ 584. Notice of the application, when required. The court or officer to whom the application for bail is made may require such notice thereof as he deems reasonable, to be given to the district attorney of the county in which the verdict or judgment was originally rendered.

§ 585. Qualifications of bail, and how put in.The sureties must possess the qualifications, and the bail must be put in all respects, in the manner prescribed by sections 569 to 577, both inclusive; except that the undertaking must be to the effect that the defendant will, in all respects, abide the orders and judgment of the appellate court upon the appeal.

ARTICLE V.

DEPOSIT INSTEAD OF BAIL.

SEC. 586. Deposit, when and how made.

587. May be made after bail given, and before forfeiture; and in such case bail discharged.

588. Bail may be given after deposit; and in such case money deposited to be refunded.

589. Deposit to be applied to payment of judgment of fine, and surplus to be refunded.

§ 586. Deposit, when and how made.— The defendant, at any time after an order admitting him to bail, instead of giving bail, may deposit with the county treasurer, of the county in which he is held to answer, the sum mentioned in the order; and upon delivering to the officer, in whose custody he is, a certificate of the deposit, he must be discharged from custody.

§ 587. May be made after bail given.—If the defendant have given bail, he may, at any time before the forfeiture of the undertaking, in like manner deposit the sum mentioned in the undertaking; and upon the deposit being made the bail is exonerated.

§ 588. Bail may be given after deposit. If money be deposited, as provided in the last section, bail may be given, in the same manner as if it had been originally given upon the order for admission to bail, at any time before the forfeiture of the deposit. The court or magistrate before whom the bail is taken must thereupon direct, in the order of allowance, that the money deposited be refunded by the county treasurer to the defendant; and it must be refunded accordingly.

§ 589. Deposit how applied.-When money has been deposited, if it remain on deposit and unforfeited at the time of a judgment for the payment of a fine, the county treasurer must, under direction of the court, apply the money in satisfaction thereof, and after satisfying the fine, must refund the surplus, if any, to the defendant.

ARTICLE VI.

SURRENDER OF THE DEFENDANT.

SEC. 590. Surrender, by whom, when, and how made.
591. By whom, when and where, defendant may be ar-
rested for the purpose of a surrender.

592. On surrender before forfeiture, money deposited to be
refunded. Order therefor, how obtained.

§ 590. Surrender. - At any time before the forfeiture of the undertaking, any surety may surrender the defendant in his exoneration, or the defendant may surrender himself, to the officer to whose custody he was committed at the time of giving bail, in the following

manner:

1. A certified copy of the undertaking of the bail must be delivered to the officer, who must detain the defendant in his custody thereon, as upon a commitment, and by a certificate in writing, acknowledge the surrender;

2. Upon the undertaking and the certificate of the officer, the court in which the indictment or the appeal, as the case may be, is pending, may, upon a notice of five days to the district attorney of the county, with a copy of the undertaking and certificate, order that the bail be exonerated; and on filing the order and the papers used on the application, the bail is exonerated accordingly.

§ 591. Arrest for the purpose of a surrender.- For the purpose of surrendering the defendant, any surety, at any time before he is finally charged, and at any place within the state, may himself arrest him, or by a written authority indorsed on a certified copy of the undertaking, may empower any person of suitable age and discretion to do so.

§ 592. Refunding deposit. If money have been deposited instead of bail and the defendant at any time before the forfeiture thereof surrender himself to the officer to whom the commitment was directed, in the manner provided in section 590, the court must order & return of the deposit to the defendant, upon producing

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the certificate of the officer showing the surrender, and upon a notice of five days to the district attorney, with a copy of the certificate.

ARTICLE VII.

FORFEITURE OF THE UNDERTAKING OF BAIL, OR OF THE DEPOSIT OF MONEY.

SEC. 593. In what cases, and how ordered.

594. When and how forfeiture may be discharged.

595. Forfeiture of bail, to be enforced by action.

596. Deposit of money when forfeited, how disposed of. 597. Remission of forfeiture.

598. Application therefor, how made and on what terms granted.

§ 593. When and how ordered. — If, without sufficient excuse, the defendant neglect to appear for arraignment, or for trial or judgment, or upon any other occasion where his presence in court may be lawfully required, or to surrender himself in execution of the judgment, the court must direct the fact to be entered upon its minutes; and the undertaking of his bail, or the money deposited, instead of bail, as the case may be, is thereupon forfeited.

73.

When bail released. Peo. v. Clary, 17 Wend., 374; Peo. v. Green, 5 Hill, 647; Peo. v. Stager, 10 Wend., 431; Peo. v. Derby, 1 Park., 392; Peo. v. Mack, ibid., 567. What does not amount to a release. Peo. v. Anable, 7 Hill, 33; Peo. v. McCoy, 39 Barb., What amounts to a forfeiture. Peo. v. Petry, 2 Hilt, 523; Peo. v. Blankman, 17 Wend., 252; Peo. v. Wilgus, 5 Den., 58. What will excuse default. Peo. v. Bartlett, 3 Hill, 570; Peo. v. Hainer, 1 Den., 454; Peo. v. Chusney, 44 Barb., 118; Peo. v. Cook, 30 How. Pr., 110.

§ 594. When and how the forfeiture may be discharged.-If, at any time before the final adjournment of the court, the defendant appear and satisfactorily excuse his neglect, the court may direct the forfeiture of the undertaking or deposit to be discharged, upon such terms as are just.

For terms, see Peo. v. Coman, 49 Pow. Pr., 91.

§ 595. Forfeiture of bail to be enforced by action. If the forfeiture be not discharged, as provided

in the last section, the district attorney may, at any time after the adjournment of the court, proceed against any surety upon his undertaking. Such proceeding shall be by action only, except in the city and county of New York, where it shall be in the method now prescribed by special statute.

§ 596. Deposit when forfeited, how disposed of. -If, by reason of the neglect of the defendant to appear, as provided in section 593, money deposited instead of bail is forfeited, and the forfeiture be not discharged or remitted, as provided in sections 594 and 597, the county treasurer with whom it is deposited may at any time after the final adjournment of the court apply the money deposited to the use of the county.

$597. Remission of forfeiture.-After the forfeiture of the undertaking or deposit, as provided in this article, the court directing the forfeiture, the county court of the county, or in the city of New York, the court of common pleas of that city, may remit the forfeiture or any part thereof, upon such terms as are just.

Pco. v. Spear, 1 N. Y. Cr., 538.

§ 598. Application therefor, and terms.-The application must be upon at least five days' notice to the district attorney of the county served with copies of the affidavits and papers on which it is founded, and can be granted only upon payment of the costs and expenses incurred in the proceedings for the enforcement of the forfeiture.

ARTICLE VIII.

RE-COMMITMENT OF THE DEFENDANT, AFTER HAVING GIVEN BAIL, OR DEPOSITED MONEY INSTEAD OF BAIL.

SEC. 599. In what cases.

600. Contents of the order.

601. Defendant may be arrested in any county.

602. If for failure to appear for judgment, defendant must

be committed.

603. If for other cause, he may be admitted to bail.

604. Bail in such case, by whom taken.

605. Form of the undertaking.

606. Qualifications of bail, and how put in.