Bail, how proceeded against. Bail, how exonerated Delivery of undertaking to plaintiff, and its acceptance or rejection by him. Notice of justifica tion. taking, and bound to pay the amount of the judgment within ten days thereafter. 490. (§ 84.) If the bail neglect or refuse to pay the judgment within ten days after they are finally charged, an action may be commenced against such bail for the amount of the original judgment. 491. (§ 85.) The bail are exonerated by the death of the defendant or his imprisonment in a State Prison, or by his legal discharge from the obligation to render himself amenable to the process. 492. (§ 86.) Within the time limited for that purpose, the Sheriff must file the order of arrest in the office of the Clerk of the Court in which the action is pending, with his return indorsed thereon, together with a copy of the undertaking of the bail. The original undertaking he must retain in his possession until filed, as herein provided. The plaintiff, within ten days thereafter, may serve upon the Sheriff a notice that he does not accept the bail, or he is deemed to have accepted them, and the Sheriff is exonerated from liability. If no notice be served within ten days, the original undertaking must be filed with the Clerk of the Court. 493. (§ 87.) Within five days after the receipt of notice, the Sheriff or defendant may give to the plaintiff, or his attorney, notice of the justification of the same, or other bail (specifying the places of residence and occupations of the latter), before a Judge of the Court, or County Judge, or County Clerk, at a specified time and place; the time to be not less than five nor more than ten days thereafter, except by consent New under- of parties. In case other bail be given, there must be a new undertaking. taking, if other bail. 494. (§ 88.) The qualifications of bail are as fol- Qualifica lows: 1. Each of them shall be a resident and householder, or freeholder, within the county; 2. Each must be worth the amount specified in the order of arrest, or the amount to which the order is reduced, as provided in this Chapter, over and above all his debts and liabilities, exclusive of property exempt from execution; but the Judge or County Clerk, on justification, may allow more than two sureties to justify, severally, in amounts less than that expressed in the order, if the whole justification be equivalent to that of two sufficient bail. tion of bail. tion of bail. 495. ($89.) For the purpose of justification, each Justificaof the bail must attend before the Judge or County Clerk, at the time and place mentioned in the notice, and may be examined on oath on the part of the plaintiff, touching his sufficiency, in such manner as the Judge or Clerk, in his discretion, may think proper. The examination must be reduced to writing, and subscribed by the bail, if required by the plaintiff. of bail. 496. ($ 90.) If the Judge or Clerk find the bail Allowance sufficient, he must annex the examination to the undertaking, indorse his allowance thereon, and cause them to be filed, and the Sheriff is thereupon exonerated from liability. money with 497. ($91.) The defendant may, at the time of Deposit of his arrest, instead of giving bail, deposit with the Sheriff. Sheriff the amount mentioned in the order. In case the amount of the bail be reduced, as provided in this Chapter, the defendant may deposit such amount instead of giving bail. In either case the Sheriff must give the defendant a certificate of the deposit made, and the defendant must be discharged from custody. Payment of Substituting bail for deposit. Money deposited, how applied or 498. (§ 92.) The Sheriff must, immediately after the deposit, pay the same into Court, and take from the Clerk receiving the same two certificates of such payment, the one of which he shall deliver to the plaintiff's attorney, and the other to the defendant. For any default in making such payment, the same proceedings may be had on the official bond of the Sheriff, to collect the sum deposited, as in other cases of delin quency. 499. (§ 93.) If money is deposited, as provided in the two last sections, bail may be given and may justify upon notice, at any time before judgment; and on the filing of the undertaking and justification with the Clerk, the money deposited must be refunded to the defendant. 500. (§ 94.) Where money has been deposited, if it remain on deposit at the time of the recovery of disposed of a judgment in favor of the plaintiff, the Clerk must, under the direction of the Court, apply the same in satisfaction thereof; and after satisfying the judgment, refund the surplus, if any, to the defendant. If the judgment is in favor of the defendant, the Clerk must, under like direction of the Court, refund to him the whole sum deposited and remaining unapplied. Sheriff, when liable as bail, and his discharge from liability. Proceed ings on judgment against Sheriff. 501. ($ 95.) If, after being arrested, the defendant escape or is rescued, the Sheriff is liable as bail; but he may discharge himself from such liability by the giving bail at any time before judgment. 502. ($96.) If a judgment is recovered against the Sheriff upon his liability as bail, and an execution thereon is returned unsatisfied in whole or in part, the same proceedings may be had on his official bond, for the recovery of the whole or any deficiency, as in other cases of delinquency. vacate arrest or bail. 503. (§ 97.) A defendant arrested may at any Motion to time before the justification of bail apply to the Judge order of who made the order, or the Court in which the action reduce is pending, upon reasonable notice, to vacate the order of arrest or to reduce the amount of bail. If the Affidavits application is made upon affidavits on the part of the defendant, but not otherwise, the plaintiff may oppose the same by affidavits or other proofs, in addition to those on which the order of arrest was made. on motion. order or bail 504. ($98.) If, upon such application, it appears When the that there was not sufficient cause for the arrest, the vacated order must be vacated; or if it appears that the bail reduced. was fixed too high, the amount must be reduced. CHAPTER II. CLAIM AND DELIVERY OF PERSONAL PROPERTY. SECTION 509. Delivery of personal property, when it may be claimed. 511. Requisition to Sheriff to take and deliver the property. serving the order. 513. Exception to sureties and proceedings thereon, or on failure to except. 514. Defendant, when entitled to redelivery. 515. Justification of defendant's sureties. 516. Qualification of sureties. 517. Property, how taken when concealed in building or inclosure. 518. Property, how kept. 519. Claim of property by third person. 520. Notice and affidavit, when and where to be filed. 521. Actions on undertakings. 509. ($99.) The plaintiff in an action to recover the possession of personal property may, at the time of issuing the summons, or at any time before answer, claim the delivery of such property to him as provided in this Chapter. Affidavit and its 510. (§ 100.) Where a delivery is claimed, an requisites. affidavit must be made by the plaintiff, or by some Requisition to Sheriff to take and deliver the property. the part of the plaintiff, and proceedings in serving the order. one in his behalf, showing: 1. That the plaintiff is the owner of the property claimed (particularly describing it), or is entitled to the possession thereof; 2. That the property is wrongfully detained by the defendant; 3. The alleged cause of the detention thereof, according to his best knowledge, information, and belief; 4. That it has not been taken for a tax, assessment, or fine, pursuant to a statute; or seized, under an execution or an attachment against the property of the" plaintiff; or, if so seized, that it is by statute exempt from such seizure; 5. The actual value of the property. 511. (§ 101.) The plaintiff or his attorney may, thereupon, by an indorsement in writing upon the affidavit, require the Sheriff of the county where the property claimed may be, to take the same from the defendant. Security on 512. (§ 102.) Upon a receipt of the affidavit and notice, with a written undertaking, executed by two or more sufficient sureties, approved by the Sheriff, to the effect that they are bound to the defendant in double the value of the property as stated in the affidavit for the prosecution of the action, for the return of the property to the defendants, if return thereof be adjudged, and for the payment to him of such sum as may from any cause be recovered against the plaintiff, the Sheriff must forthwith take the property described in the affidavit, if it be in the possession of the defendant or his agent, and retain it in his custody. He must, without delay, serve on the defendant a copy of the affidavit, notice, and undertaking, by delivering |