make and sign an order for his discharge, upon the delivery of which to the proper officer the defendant must be discharged.

ARTICLE III.

Bail Upon Indictment Before Conviction.

1284. When offense is not capi

tal.

1285. When offense is Capital. 1286. Bail on Habeas Corpus. 1287. Form of undertaking.

1288. Sections applicable, generally.

1289. Bail,
decreased.

when increased or

1284. When the offense charged is not punishable with death, the officer serving the bench-warrant must, if required, take the defendant before a magistrate in the county in which it is issued, or in which he was arrested, for the purpose of giving bail. 1880-26.

1285. If the offense charged is punishable with death, the officer arresting the defendant must deliver him into custody, according to the command of the bench-warrant. 1880-26.

1286. When the defendant is so delivered into custody he must be held by the sheriff. unless admitted to bail on examination upon a writ of habeas corpus.

1287. The bail must be put in by a writing undertaking, executed by two sufficient sureties (with or without the defendant, in the discretion of the court or magistrate), and acknowledged before thecourt or magistrate, in substantially the following form: An indictment having been found on the A. D. eighteen

of the county of

court

day of in the county charging A. B. with the crime of (designate it generally), and he having been admitted to bail in the sum of dollars, we, C. D. and E. F., of (stating their place of residence and occupation), hereby undertake that the above named A. B. will appear and answer the indictment above mentioned, in whatever court it may be prosecuted, and will at all times render himself amenable to the orders and process of the court, and, if convicted, will appear for judgment and render himself in execution thereof; or, if he fails to perform either of these conditions, that we will pay to the people of the state of California the sum of dollars (inserting the sum in

which the defendant is admitted to bail).

1288. The provisions contained in sections twelve hundred and seventy-nine, twelve hundred and eighty, and twelve hundred and eighty-one, in relation to bail before indictment, apply to bail after indictment. 1874-450.

1289. After a defendant has been admitted to bail upon an in

dictment or information, the court in which the charge is pending may, upon good cause shown, either increase or reduce the amount of bail. If the amount be increased, the court may order the defendant to be committed to actual custody, unless he give bail in such increased amount. If application be made by the defendant for a reduction of the amount, notice of the application must be served upon the district attorney. 1880-27.

ARTICLE IV.

Bail Upon Appeal.

1291. Who may admit to bail. 1292. Qualifications of bail.

1291. In the cases in which defendant may be admitted to bail upon an appeal, the order admitting him to bail may be made by any magistrate having the power to issue a writ of habeas corpus, or by the magistrate before whom the trial was had.

1878-122.

1292. The bail must possess the qualifications, and must be put in, in all respects, as provided in article II. of this chapter, except that the undertaking must be conditioned as prescribed in section 1273, for undertakings of bail on appeal.

ARTICLE V.
Deposit Instead of Bail.

1295. Deposit, how made.
1296. May after day given and
before forfeiture.

1297. Bail money may be used to pay fine or judgment.

1298. United States and state bonds, when may be used.

1295. The defendant, at any time ofter an order admitting him to bail, instead of giving bail may deposit with the clerk of the court 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.

1296. If the defendant has given bail, he may, at any time before the forfeiture of the undertaking, in like manner deposit the sum mentioned in the recognizence, and upon the deposit being made the bail is exonerated.

1297. When money has been deposited, if it remains on deposit at the time of a judgment for the payment of a fine, the county clerk must, under the direction of the court, apply the money in satisfaction thereof, and after satisfying the fine and costs, must refund the surplus, if any, to the defendant.

1298. In lieu of a deposit of money, the denfendant may deposit bonds of the United States or of the State of California of the face value of the cash deposit required, and such bonds shall be treated

in the same manner as a deposit of money except that the clerk shall, under order of the court, when occasion arises therefor, sell the said bonds and apply the proceeds of such sale in the manner that a deposit of cash may be required to be applied.

ARTICLE VI.

Surrender of Defendant.

1300. Surrendered defendant, 1302. On surrender, deposit mogenerally. ney refunded.

1301. Same.

1300. 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. Acertified 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 action or appeal is pending may, upoǹ 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 upon filling the order and the papers used on the application, they are exonerated accordingly.

1301. For the purpose of surrending the defendant, the bail, at any time before they are finally discharged, and at any place within the state, may themselves 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.

1302. If money has been deposited instead of bail, and the defendant, at any time before the forfeiture thereof, surrenders himself to the officer to whom the commitment was directed, in the manner provided in the last two sections, the court must order a return of the deposit to the defendant, upon producing the certlficate of the officer showing the surrender, and upon a notice of five days to thedistrict attorney, with a copy of the certificate.

ARTICLE VII.

Forfeiture of Undertaking of Bail or of the Deposit of Money. 1305. Bail, how forfeited and di- 1307. Deposit money, when forfeited, how disposed.

scharged.

1306. Forfeiture to be enforced

by action.

1305. If, without sufficient excuse, the defendant neglects to appear for arrangement or for trial or judgment, or upon any other occasion when his presence in court may be lawfully required, or to surrender himself in execution of the judgment, the court must direct the fact to bentered upon its minutes, and the undertaking of bail, or the money deposited instead of bail, as the case may be, must thereupon be declared forfeited. But if at any time within twenty days after such entry in the minutes, the defendant or his bail appear and satisfactorily excuse his neglect, the court may direct the forfeiture of the undertaking or the deposit to be discharged upon such terms as may be just. 1905-701.

.

1306. If the forfeiture is not discharged, as provided in the last section, the district attorney may at any time after twenty days from the entry upon the minutes, as provided in the last section, proceed by action against the bail upon their undertaking. 1905— 702.

1307. If, by reason of the neglect of the defendant to appear, money deposited instead of bail is forfeited, and the forfeiture is not discharged or remitted, the clerk with whom it is deposited must, at the end of thirty days, unless the court has before that time discharged the forfeiture, pay over the money deposited to the county treasurer. 1905-702.

1310. The court to which the committing magistrate returns the depositions, or to which an indictment, information, 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, direct the arrest of the defendant and his commitment to the officer to whose custody he was committed at the time of giving 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.

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 or information filed in the cases provided in section nine hundred and eighty-five. 1880-27.

1311. The order for the recommitment of the defendant must recite generally the facts upon which it is founded, and direct th the defendant be arrested by any sheriff, constable, marshal, or policeman in this state, and committed to the officer in whose custody he was at the time he was admitted to bail, to be detained until legally discharged.

1312. 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 indorsed by a magistrate of that county.

1313. If the order recites, 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 requirements of the order.

1314. If the order be made for any other cause, and the offense is bailable, the court may fix the amount of bail, and may cause a direction to be inserted in the order that the defendant be admitted to bail in the sum fixed, which must be specified in the order.

1315. When the defendant is admitted to bail, the bail may be taken by any magistrate in the county, having authority in a similar case to admit bail, upon the holding of the defendant to answer before an indictment, or by any other magistrate designated by the court.

1316. When bail is taken upon the recommitment of the defendant, the undertaking must be in substantially the following form:

An order having been made on the day of - A. D. eighteen by the court (naming it), that A. B. be admitted to bail in the sum of dollars, in an action pending in that court against him in behalf of the people of the state of California, upon an (information, presentment, indictment, or appeal, as the case may be), we, C. D. and E. F., or (stating their places of residence and occupation), hereby undertake that the above named A. B. will appear in that or any other court in which his appearance may be lawfully required upon that (information, presentment, indictment, or appeal, as the case may be), and will at all times render himself amenable to its orders and process, and appear for judgment and surrender himself in execution thereof; or if he fails to perform either of these conditions, the we will pay to the people of the state of California the sum of dollars (insert the sum in which the defendant is admitted to bail).