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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.

manner :

SEC. 590. Surrender, by whom, when, and how made. 591. By whoin, 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 theretur, how obtained. i § 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

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 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.
593. Forfeiture of bail, to be enforced by action.
696. 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.

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., 73. What amounts to a forfeiture. Peo. v. Petry, 2 IIilt, 523; Peo. v. Blankman, 17 Wend., 252; Peo. v. Wilgus, 5 Den., 58. What will excuse default. Peo. v. Bartlett, 3 lfill, 57C; Peo. v. Hainer, 1 Den., 454; Peo. v. Chusney, 44 Barb., 113; 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 acHon. 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. -İf, 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 forfei. ture 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 sach case, by whom taken.
605. Form of the undertaking.
606. Qualifications of bail, and how put in.

$ 599. In what cases.—The court to which the committing magistrate returns the deposition and statement, or in which an indictment or appeal is pending, or to which a judgment on appeal is remitted to be carried into effect, may, by an order entered upon its minutes, or if the court be not in session, any judge thereof may direct the arrest of the defendant, and his commitment to the officer to whose custody he was committed at the time he was admitted to bail, and his detention until legally discharged, in the following cases :

1. When, by reason of his failure to appear, he has incurred a forfeiture of his bail, or of money deposited instead thereof, as provided in section 593.

2. When it satisfactorily appears to the court that his bail, or either of them, are dead, or insufficient, or have removed from the state.

3. Upon an indictment being found, in the cases provided in section 306.

$ 600. Contents of the order.—The order for the recommitment of this defendant must recite, generally, the facts upon which it is founded, and direct that the defendant be arrested by any sheriff, constable, marshal or policeman in this state, and committed to the officer to whose custody he was committed, at the time he was admitted to bail, to be detained until legally dischargerl.

§ 601. Defendant may be arrested in any county. - The defendant may be arrested pursuant to the order, upon a certified copy thereof, in any county, in the same manner as upon a warrant of arrest ; except, that when arrested in another county, the order need not be endorsed by a magistrate of that county.

$ 602. For failure to appear for judgment, defendant must be committed. -- If the order recite, as the ground upon which it is made, the failure of the defendant to appear for judgment upon conviction, the defendant must be committed according to the requirement of the order.

$ 603. For other cause, he may be admitted to bail.-If the order be made for any other cause, and the

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