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 man ner: 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 action or appeal is pending may, upon 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, they are exonerated accordingly. Legislation § 1300. Enacted February 14, 1872 (N. Y. Code Crim. Proc., § 590); in substance the same as Crim. Prac. Act, Stats. 1851, p. 271, §§ 531, 532, subd. 2 of the latter section, however, not having the words "or appeal" after "action." § 1301. By whom, etc., the defendant may be arrested for the purpose of a surrender. For the purpose of surrendering 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. Legislation § 1301. Enacted February 14, 1872 (N. Y. Code Crim. Proc., § 591); in substance the same as Crim. Prac. Act, Stats. 1851, p. 271, § 533. § 1302. On a surrender, before forfeiture, money deposited to be refunded, etc. 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 certificate of the officer showing the surrender, and upon a notice of five days to the district attorney, with a copy of the certificate. Deposit instead of bail: Ante, §§ 1295 et seq. Legislation § 1302. Enacted February 14, 1872 (N. Y. Code Crim. Proc., § 592); in substance the same as Crim. Prac. Act, Stats. 1851, p. 271, § 534. ARTICLE VII. Forfeiture of the Undertaking of Bail or of the Deposit of Money. § 1305. § 1306. § 1307. Deposit of money, when forfeited, how disposed of. § 1305. How forfeited, and how forfeiture discharged. If, without sufficient excuse, the defendant neglects to appear for arraignment 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 judg ment, the court must direct the fact to be entered 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. [Amendment approved 1905; Stats. 1905, p. 701.] Forfeiture of bail where defendant does not appear at judgment. See ante, § 1195. Legislation § 1305. 1. Enacted February 14, 1872 (N. Y. Code Crim. Proc.. §§ 593, 594); in substance the same as Crim. Prac. Act, Stats. 1851, p. 271, §§ 535, 536. 2. Amendment by Stats. 1901, p. 495; unconstitutional. See note, § 5, ante. 3. Amended by Stats. 1905, p. 701, (1) changing, at end of first sentence, "is thereupon declared forfeited" to "must thereupon be declared forfeited"; (2) changing the first words of the second sentence from "But if at any time before the final adjournment of the court" to "But if at any time within twenty days after such entry in the minutes." § 1306. Forfeiture to be enforced by action. 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. [Amendment approved 1905; Stats. 1905, p. 702.] District attorney authorized to bring action: Pol. Code, § 4153, subd. 3. Legislation § 1306. 1 Enacted February 14, 1872 (N. Y. Code Crim. Proc., § 595); in substance the same as Crim. Prac. Act, Stats. 1851, p. 272, § 537. When enacted in 1872, § 1306 read: "1306. If the forfeiture is 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." 2. Amendment by Stats. 1901, p. 495; unconstitutional. See note, § 5, ante 3. Amended by Stats. 1905, p. 702; the code commissioner saying, "The amendment is designed to conform the section to the amendment to § 1305." § 1307. Deposit of money, when forfeited, how disposed of. 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. [Amendment approved 1905; Stats. 1905, p. 702.] Legislation § 1307. 1. Enacted February 14, 1872 (N. Y. Code Crim. Proc., § 596); in substance the same as Crim. Prac. Act, Stats. 1851, p. 272, § 538, the only change being (1) to omit "as provided in section five hundred and thirty-fifth"; (2) "as provided in section five hundred and thirty-sixth"; and (3) to substitute "must" for "shall." 2. Amendment by Stats. 1901, p. 495; unconstitutional. See note, § 5, ante. 3. Amended by Stats. 1905, p. 702, substituting "at the end of thirty days, unless the court has before that time discharged the forfeiture," for "immediately after the final adjournment of the court," before "pay over the money deposited." ARTICLE VIII. Recommitment of the Defendant, After having Given Bail or Deposited Money Instead of Bail. $ 1310. Recommitment of defendant, in what cases. § 1311. Contents of order. § 1312. Defendant may be arrested in any county. § 1313. § 1314. § 1315. If for failure to appear for judgment, defendant must be If for other cause, he may be admitted to bail. § 1316. Form of the undertaking. § 1317. Bail must possess what qualifications, and how put in. § 1310. Recommitment of defendant, in what cases. The court to which the committing magistrate returns the depositions, or in 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 eightyfive. [Amendment approved 1880; Code Amdts. 1880, p. 27.] Legislation § 1310. 1. Enacted February 14, 1872 (N. Y. Code Crim. Proc., § 599); in substance the same as Crim. Prac. Act, Stats. 1851, p. 272, § 539. 2. Amended by Code Amdts. 1880, p. 27, (1) In the introductory paragraph, adding "information” after “an indictment," and (2) in subd. 3, adding "or information filed" after "found." § 1311. Contents of order. The order for the recommitment of the 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 in whose custody he was at the time he was admitted to bail, to be detained until legally discharged. Legislation § 1311. Enacted February 14, 1872 (N. Y. Code Crim. Proc., § 600); based on Crim. Prac. Act, Stats. 1851, p. 272, § 540, which read: "§ 540. The order for the recommitment of the defendant shall recite generally the facts upon which it is founded, and shall direct that the defendant be arrested by any sheriff, constable, marshal, or policeman, within this state, and committed to the custody of the sheriff of the county where the depositions and statement were returned, or the indictment was found, or the conviction was had, as the case may be, to be detained until legally discharged." § 1312. 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 indorsed by a magistrate of that county. Legislation § 1312. Enacted February 14, 1872 (N. Y. Code Crim. Proc., § 601); in exact language of Crim. Prac. Act, Stats. 1851, p. 272, § 541. § 1313. If for failure to appear for judgment, defendant must be committed. 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 requirement of the order. Legislation § 1313. Enacted February 14, 1872 (N. Y. Code Crim. Proc., § 602); in substance the same as Crim. Prac. Act, Stats. 1851, p. 272, § 542. § 1314. If for other cause, he may be admitted to bail. 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. Legislation § 1314. Enacted February 14, 1872 (N. Y. Code Crim. Proc., § 603); in substance the same as Crim. Prac. Act, Stats. 1851, p. 272, § 543. § 1315. Bail in such case, by whom taken. 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 to bail, upon the holding of the defendant to answer before an indictment, or by any other magistrate designated by the court. Legislation § 1315. Enacted February 14, 1872 (N. Y. Code Crim. Proc., § 604); in substance the same as Crim. Prac. Act, Stats. 1851, p. 273, § 544. § 1316. Form of the undertaking. 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 eighteen A. D. 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., of (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, that 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). Forms of undertaking of bail: See ante, §§ 1278, 1287. Legislation § 1316. Enacted February 14, 1872 (N. Y. Code Crim. Proc., § 605); in substance the same as Crim. Prac. Act, Stats. 1851, p. 273, § 545, but which did not have the words "and occupation" after "residence." § 1317. Bail must possess what qualifications, and how put in. The bail must possess the qualifications, and must |