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CHAPTER IV.

Bail on appeal.

§ 663. In the cases in which the defendant may be admitted to bail upon an appeal, as provided in section 635, 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, or a county judge.

§ 664. When the admission to bail is a matter of discretion, the court or officer by whom it may be ordered may require such notice of the application therefor, as he may deem reasonable, to be given to the district attorney of the county in which the verdict or judgment was originally rendered.

§ 665. The bail must possess the qualifications, and must be put in in all respects, in the manner prescribed by sections 649 to 657, both inclusive; except that the undertaking of the bail shall be to the effect that the defendant will, in all respects, abide the orders and judgment of the appellate court upon the appeal.

CHAPTER V.

Deposite instead of bail.

§ 666. The defendant, at any time after an order admitting him to bail, instead of giving bail, may deposit with the clerk 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 deposite, he shall be discharged from custody.

§ 667. If the defendant have given bail, he may at any time before the forfeiture of their undertaking, in like manner deposite the sum mentioned in the undertaking; and upon the deposite being made, the bail shall be exonerated.

§ 668. 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, shall thereupon direct in the order of allowance, that the money deposited be refunded by the county clerk to the defendant; and it shall be refunded accordingly.

§ 669. Where money has been deposited, if it remain on deposit at the time of a judgment for the payment of a fine, the county clerk shall, under direction of the

court, apply the money in satisfaction thereof, and after satisfying the fine, shall refund the surplus, if any, to the defendant.

CHAPTER VI.

Surrender of the defendant.

§ 670. At any time before the forfeiture of their undertaking, the bail may surrender the defendant in their exoneration, or he 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 shall be delivered to the officer, who shall detain the defendant in his custody thereon, as upon a commitment, and shall by a certificate in writing acknowledge the surrender :

2. Upon the undertaking and a certificate of the of ficer, 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 undertakiug and certificate, order that the bail be exonerated; and on filing the order and the papers used on the application, they shall be exonerated accordingly.

§ 671. For the purpose of surrendering the defendant, the bail, at any time before they are finally charged, and at any place within this state, may themselves arrest him, or by a written authority endorsed on a certified

copy of the undertaking, may empower any person of suitable age and discretion to do so.

§ 672. If money have been deposited instead of bail, and the defendant, at any time before the forfeiture thereof, shall surrender himself to the officer to whom the commitment was directed, in the manner provided in the last two sections, the court shall order a return of the deposite 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.

CHAPTER VII.

Forfeiture of the undertaking of bail, or of the deposite of money.

673. 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 shall direct the fact to be entered in its minutes, and the undertaking of his bail or the money deposited instead of bail, as the case may be, shall thereupon be declared forfeited.

§ 674. 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 deposite to be discharged, upon such terms as shall be just.

$675. 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 by action only, against the bail upon their undertaking.

§ 676. If by reason of the neglect of the defendant to appear, as provided in section 673, money deposited instead of bail is forfeited, and the forfeiture be not discharged or remitted as provided in section 674 and 677 the county clerk 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.

§ 677. After the forfeiture of the undertaking or deposite provided in this chapter, the county court of the county may, upon good cause shown, remit the forfeiture or any part thereof, upon such terms as shall appear just and equitable.

§ 678. The application must be upon at least five days' notice to the district attorney of the county, 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.

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