unless admitted to bail on examination upon a writ of habeas corpus. Offense not bailable: See ante, § 1270. Bail on habeas corpus: See post, §§ 1489, 1491. Legislation § 1286. Enacted February 14, 1872 (N. Y. Code Crim. Proc., § 580); in substance the same as Crim. Prac. Act, Stats. 1851, p. 269, § 522. § 1287. Form of undertaking. The bail must be put in by a written undertaking, executed by two sufficient sureties (with or without the defendant, in the discretion of the court or magistrate), and acknowledged before the court or magistrate, in substantially the following form: An indictment having been found on the day of A. D. eighteen [nineteen], in the county [superior] court of the county of charging A. B. with the crime of (designating 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). Action on forfeiture: Post, § 1306. Form of undertaking on admission to bail after recommitment: See post, § 1316. Legislation § 1287. Enacted February 14, 1872 (N. Y. Code Crim. Proc., § 581); in substance the same as Crim. Prac. Act, § 523, as amended by Stats. 1863, p. 162, § 21, which did not have the words "and occupation" after "place of residence." § 1288. Sections applicable to bail. 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. [Amendment approved 1874; Code Amdts. 1873-74, p. 450.] Discharge on allowance of bail: See ante, §§ 823, 1281. Legislation § 1288. 1. Enacted February 14, 1872 (N. Y. Code Crim. Proc., § 582); in substance the same as Crim. Prac. Act, Stats. 1851, p. 270. § 524. When enacted in 1872, § 1288 read: "1288. The provisions contained in sections 1279, 1280, and 1281, in relation to bail, apply to the qualifications of the bail, and to all the proceed ings respecting the putting in and justifying of bail and incident thereto." 2. Amended by Code Amdts. 1873-74, p. 450. § 1289. Increase or reduction of bail. After a defendant has been admitted to bail upon an indictment 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. [Amendment approved 1880; Code Amdts. 1880, p. 27.] Legislation § 1289. 1. Added by Code Amdts. 1873-74, p. 450, the first sentence then reading, "After a defendant has been admitted to bail upon an indictment, the court in which the indictment is pending may, upon good cause shown, either increase or reduce the amount of bail," the remainder of the section reading as at present. 2. Amended by Code Amdts. 1880, p. 27. ARTICLE IV. Bail on Appeal. § 1291. Who may admit to bail. § 1292. Qualifications of bail and how put in, and condition of undertaking. § 1291. Who may admit to bail. 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. [Amendment approved 1878; Code Amdts. 1877-78, p. 122.] What magistrates have power to admit to bail: See ante, § 1277. Legislation § 1291. 1. Enacted February 14, 1872 (N. Y. Code Crim. Proc., § 583); in substance the same as Crim. Prac. Act, Stats. 1851, p. 270, § 525. 2. Amended by Code Amdts. 1877-78, p. 122, adding "or by the magistrate before whom the trial was had," at end of section. § 1292. Qualifications of bail and how put in, and condition of undertaking. The bail must possess the qualifications, and must be put in, in all respects, as provided in article two of this chapter, except that the undertaking must be conditioned as prescribed in section twelve hundred and seventy-three, for undertakings of bail on appeal. Legislation § 1292. Enacted February 14, 1872 (N. Y. Code Crim. Proc., § 585); based on Crim. Prac. Act, Stats. 1851, p. 270, § 527, which read: "§ 527. The bail must possess the qualifications and must be put in all respects as above provided, except that the con dition of the recognizance shall be to the effect that the defendant will in all respects abide the orders and judgment of the appellate court upon the appeal." ARTICLE V. Deposit Instead of Bail. $1295. Deposit, when and how made. § 1296. May, after bail is given and before forfeiture. § 1297. Deposit to be applied to payment of judgment and fine. § 1295. Deposit, when and how made. The defendant, at any time after 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. Return of deposit on surrender before forfeiture: Post, § 1302. Legislation § 1295. Enacted February 14, 1872 (N. Y. Code Crim. Proc., § 586); in substance the same as Crim. Prac. Act, Stats. 1851, p. 270, § 528. § 1296. May, after bail is given and before forfeiture. 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 recognizance, and upon the deposit being made the bail is exonerated. Legislation § 1296. Enacted February 14, 1872 (N. Y. Code Crim. Proc., § 587); in substance the same as Crim. Prac. Act, Stats. 1851, p. 270, § 529. § 1297. Deposit to be applied to payment of judgment and fine. 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. Legislation § 1297. Enacted February 14, 1872 (N. Y. Code Crim. Proc., § 589); in substance the same as Crim. Prac. Act, Stats. 1851, p. 271, § 530. § 1300. § 1301. ARTICLE VI. Surrender of the Defendant. Surrender, by whom; when, and how made. By whom, etc., the defendant may be arrested for the purpose of a surrender. § 1302. On a surrender, before forfeiture, money deposited to be refunded, etc. § 1300. Surrender, by whom; when, and how made. 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 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. How forfeited, and how forfeiture discharged. § 1306. Forfeiture to be enforced by action. § 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 judgment, 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 undertak ing." 2. Amendment by Stats. 1901, p. 495; unconstitutional. See note, § 5, ante |