Oct. 19. 1864, $271. Oct. 19, 1864, § 272. Other testi manner as the court or magistrate may deem proper. The statements of the bail in response to the examination must be reduced to writing, and subscribed by them. § 1475. [272.] The court or magistrate may also receive other testimony, either for or against the sufficiency mony as to the of the bail, and may from time to time adjourn the taksufficiency of bail. ing of bail, to afford an opportunity of proving or disproving their sufficiency. Oct. 19, 1864, $273. Decision upon of bail, and filing the papers. § 1476. [273.] When the examination is closed, the court or magistrate must indorse upon the undertaking the sufficiency an order either allowing or disallowing the bail, and must forthwith cause the same, with the affidavits and examination of the sureties and the order of admission to bail, to be filed with the clerk of the court at which the defendant is bound to appear, or where the action is pending, or the judgment appealed from is given, as the case may be. 17 Or. 138. Oct. 19, 1864, $274. Discharge of defendant upon allowance of bail. § 1477. [274.] Upon the execution of the undertaking, and the allowance of the bail, the court or magistrate must make an order, signed with his name of office, for the discharge of the defendant, to the following effect: Form of order. "To THE SHERIFF OF THE COUNTY OF Oct. 19, 1864, $275. Form of bail on appeal. OREGON: STATE OF "A B, who is detained by you to answer a (charge or indictment, as the case may be) for the crime of (designating it generally), having given sufficient bail to answer the same, you are commanded forthwith to discharge him from your custody." § 1478. [275.] If the bail be taken upon an appeal from a judgment, the order must be to the effect following:"TO THE SHERIFF OF THE COUNTY OF OREGON: STATE OF "A B, who is detained by you in execution of a judg ment whereby he is condemned to (stating the terms of the judgment generally), having appealed from said judgment, and given sufficient bail to abide and per $275. form the judgment of the appellate court, you are com- Oct. 19, 1864, manded forthwith to discharge him from your custody.' § 1479. [276.] If the bail be disallowed, the defend- Id., § 276. ant must be detained in custody until other bail be put Proceeding, in, and is allowed. when bail disallowed. § 1480. [277.] Upon an application for admission to Id., $277. bail or to take bail, the district attorney, either in per- Application for son or by any one authorized by him, is entitled to appear and be heard in relation thereto. district attor to take bail, ney may Application for admission § 1481. [278.] When the admission to bail is a Id., § 278. matter of discretion, or the right thereto may be doubtful, the court or magistrate by whom it may be ordered to bail, when may require such notice of the application therefor as he deems reasonable to be given to the district attorney, or to any person by him authorized to appear for him. notice must be given to district attorney. taken with § 1482. [279.] Bail may be taken, in the discretion I., § 279. of the court or magistrate, without notice to the district Bail must be attorney, or he may require reasonable notice for the ap- or plication therefor, as in case of an application to bail. to the notice district attorney. how made. § 1483. [280.] The defendant, at any time after an Id., § 280. order admitting him to bail, instead of giving bail, may Depositin, deposit with the clerk of the court at which he is held to when and answer, or in which the action is pending or the judg ment appealed from is given, the sum of money mentioned in the order; and upon delivering to the officer in whose custody he is the clerk's certificate of such deposit, he must be discharged from custody. Id., § 281. be made after § 1484. [281.] If the defendant have given bail, he Deposits may may, at any time before the forfeiture of their undertak- balen ing, in like manner deposit the sum of money mentioned forfeiture. and before Oct. 19, 1864, 281. Oct. 19, 1864, Return of deposit. Oct. 19, 1864, $283. Deposit to be ment of judg in the undertaking; and upon the deposit being made and the certificate thereof given, the bail is exonerated. § 1485. [282.] If money be deposited, as provided in the last two sections, 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, and 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 clerk to the defendant; and it must be refunded accordingly. § 1486. [283.] When money has been deposited in lieu of bail, if it remain on deposit at the time of a judgapplied in payment for the payment of money, the clerk must, under ment for fines. the direction of the court, apply the money in satisfaction thereof, and after satisfying the same must refund the surplus, if any, to the defendant. Oct. 19, 1864, $284. Surrender of defendant; CHAPTER XXVI. OF THE SURRENDER OF THE DEFENDANT. § 1487. Surrender, by whom, when, and how made. § 1488. Bail may arrest defendant for the purpose of surrender. § 1489. On surrender, if money deposited, must be refunded. § 1490. Notice to the district attorney to obtain order for deposit. § 1487. [284.] 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 and by whom officer to whose custody he was committed at the time of giving bail, in the following manner:— when, how, made. 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 signed with his name of office, acknowledge the surrender; 2. At any time after the surrender of the defendant, either by his bail or himself, the court or judge thereof, at which the defendant is bound to appear, or where the $284. Surrender of action is pending, or the judgment appealed from is Oct. 19, 1864, given, as the case may be, may, upon reasonable notice to the district attorney, order that the bail be exonerated, defendant; and upon the entry or filing of such order, they are ex- and by whom onerated accordingly. when, how, made. 285. Bail may arrest the purpose § 1488. [285.] For the purpose of surrendering the Oct. 19, 1864, defendant, the bail, at any time before the forfeiture of their undertaking, and at any place within the state, may defendant for themselves arrest him, or by a written authority, in- of surrender. dorsed on a certified copy of the undertaking, may empower any other person to do so. $286. On surrender, § 1489. [286.] If money have been deposited in lieu Oct. 19, 1864, of bail, and the defendant, at any time before the forfeiture thereof, surrender himself to the officer to whose if money deposited, must custody he was committed at the time of making the be refunded. deposit, in the manner provided in section 1487 [284], the court or judge thereof must order a return of the deposit to the defendant, upon producing the certificate of the officer showing the surrender, and upon reasonable notice of the application to the district attorney. § 1490. [287.] The notice to be given to the district Oct. 19, 1864, attorney, as required in this chapter, may be given to him personally or to any person authorized to appear for him, as provided in sections 1480 [277] and 1481 [278]. CHAPTER XXVII. OF THE FORFEITURE OF THE UNDERTAKING OF BAIL OR § 1491. Undertaking, when forfeited, and how ordered. § 1492. When and how forfeiture may be discharged. § 1493. Forfeiture to be enforced by action. § 1494, 1495. Remission of forfeiture. § 1496. Application therefor, how made, judgment on final. § 1497. Deposit of money, how disposed of when forfeited. $287. Notice to the district attor ney to obtain deposit. order for Ø 288. Undertaking of § 1491. [288.] If, without sufficient excuse, the defend- oct. 19, 1864, ant neglect or fail to appear for arraignment, or for trial or judgment, or upon any other occasion when his pre- bail, when forsence in court may be lawfully required, or to surrender how ordered. himself in execution of the judgment, the court must feited, and Oct. 19, 1864, 288. Oct. 19, 1864, 289. Forfeiture of direct the fact to be entered in its journal; and the undertaking of bail or the money deposited in lieu thereof, as the case may be, is thereupon forfeited. § 1492. [289.] If, at any time before the final adjournment of the court, the defendant appear and satundertaking; isfactorily excuse his neglect or failure, the court may discharged. direct the forfeiture of the undertaking or deposit to be discharged, upon such terms as are just. when and how Oct. 19, 1864, $290. Forfeiture to be enforced by action. 16 Or. 248. Oct. 19, 1864, $291. Remission of forfeiture. Oct. 19, 1864, $292. Remission, conditions of; judgment in case of appli cation for remission of forfeiture. Oct. 19, 1864, 293. Application for remission, how made; judgment on, final. Oct. 19, 1864, $294. Deposit of money, how disposed of § 1493. [290.] 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. § 1494. [291.] At any time before judgment against the bail, in an action upon the undertaking, they may apply to the court for a remission of the forfeiture, and thereupon the court, upon good cause shown, may remit the forfeiture or any part thereof, upon such terms as may be just and reasonable, according to the circumstances of the case. § 1495. [292.] The court can only remit the forfeiture, in whole or in part, upon the payment of the costs and expenses incurred in the proceedings for its enforcement; and if part only be remitted, judgment must be given against the bail for the remainder, and such judgment is a bar to an action upon the undertaking, or if one be already commenced, it is thereby abated. § 1496. [293.] The application for remission must be upon at least ten days' notice to the district attorney, with copies of all affidavits and papers on which it is founded. The application must admit the forfeiture and their legal obligation to pay the sum mentioned in the undertaking, and the judgment or order of the court in the matter is final. § 1497. [294.] If money deposited in lieu of bail is forfeited, and the forfeiture be not discharged, as provided in section 1492 [289], the clerk with whom it is whenforfeited. deposited must, after the final adjournment of the court, forthwith deposit the same with the county treasurer. |