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1. Each of them must be a resident, and householder or freeholder, within the state:

2. They must each be worth the amount specified in the order of arrest, exclusive of property exempt from execution, but the judge, or a justice of the peace, on justification, may allow more that two bail to justify severally in amounts less than that expressed in the order, if the whole justification be equivalent to that of two sufficient bail.

Amended Code, § 194.

§ 691. For the purpose of justification, each of the bail must attend before the judge, or a justice of the peace, at the time and place mentioned in the notice, and may be examined on oath, on the part of the plaintiff, touching his sufficiency, in such manner as the judge or justice of the peace, in his discretion, may think proper. The examination must be be reduced to writing and subscribed by the bail, if required by the plaintiff.

Amended Code, § 195.

§ 692. If the judge or justice find the bail sufficient, he must annex the examination to the undertaking, endorse his allowance thereon, and cause them to be filed with the clerk; and the sheriff shall thereupon be exonerated from liability.

Amended Code, § 196.

§ 693. The defendant may, at the time of his arrest, instead of giving bail, deposit with the sheriff the amount mentioned in the order. The sheriff must thereupon give the defendant a certificate of the deposit, and the defendant shall be discharged out of custody.

Amended Code, § 197.

§ 694. The sheriff must, within four days after the deposit, pay the same into court; and take from the officer receiving the same, two certificates of such payment, the one of which he must deliver to the plaintiff, and the other to the defendant. For any default in making such payment, the same proceedings may be had on the official bond of the sheriff to collect the sum deposited, as in other cases of delinquincy.

Amended Code, § 198.

§ 695. If money be deposited, as provided in the last two sections, bail may be given and justified upon notice, as prescribed in section 689, at any time before judgment; and thereupon the judge before whom the justification is had, must direct, in the order of allowance, that the money deposited be refunded by the sheriff to the defendant, and it must be refunded accordingly. Amended Code, § 199.

§ 696. Where money shall have been so deposited, if it remain on deposit at the time of an order or judgment for the payment of money to the plaintiff, the

clerk must, under the direction of the court, apply the same in satisfaction thereof, and after satisfying the judgment, refund the surplus, if any, to the defendant. If the judgment be in favor of the defendant, the clerk must refund to him the whole sum deposited and remaining unapplied.

Amended Code, §200.

§ 697. If, after being arrested, the defendant escape or be rescued, or bail be not given or justified, or a deposite be not made instead thereof, the sheriff shall himself be liable as bail. But he may discharge himself from such liability, by the giving and justification of bail as provided in sections 689, 690, 691, and 692, at any time before process against the person of the defendant, to enforce an order or judgment in the action. Amended Code, § 201.

§ 698. If a judgment be recovered against the sheriff, upon his liability as bail, and an execution thereon be returned unsatisfied, in whole or in part, the same proceedings may be had on the official bond of the sheriff, to collect the deficiency, as in other cases of delinquency. Amended Code, § 202.

§ 699. The bail taken upon the arrest, shall, unless they justify, or other bail be given or justified, be liable to the sheriff, by action, for the damages which he may sustain by reason of such omission.

Amended Code, § 203.

700. A defendant arrested may, at any time before the justification of bail, apply, on motion, to vacate the order of arrest, or to reduce the amount of bail.

Amended Code, § 204.

701. If the motion be made upon affidavits on the part of the defendant, but not otherwise, the plaintiff may oppose the same by affidavits or other proofs, in addition to those on which the order of arrest was made.

Amended Code, § 205.

CHAPTER II.

CLAIM AND DELIVERY OF PERSONAL PROPERTY.

SECTION 702. Delivery of personal property, when it may be claimed. 703. Affidavit and its requisites.

704. Requisition to sheriff, to take and deliver the property,

705. Security on the part of the plaintiff, and justification.

706. Exception to sureties and proceedings thereon or on failure to except.

707. Defendant when entitled to re-delivery.

708. Justification of defendant's sureties.

709. Qualification and justification of sureties.

710. Property, how taken when concealed in building or enclosure.
711. Property, how kept.

712. Claim of property by third person.

713. Notice and affidavit, when and where to be filed.

§ 702. The plaintiff, in an action to recover the possession of personal property, may at the time of issuing the summons, or at any time before answer, claim the immediate delivery of such property as provided in this chapter.

§ 703. Where a delivery is claimed, an affidavit must be made by the plaintiff, or by some one in his behalf, showing,

1. That the plaintiff is the owner of the property claimed, (particularly describing it,) or is lawfully entitled to the possession thereof, by virtue of a special property therein, the facts in respect to which must be set forth:

2. That the property is wrongfully detained by the defendant:

3. The alleged cause of the detention thereof, according to his best knowledge, information and belief.

4. That the same has not been taken for a tax, assessment or fine, pursuant to a statute; or seized under an execution or attachment against the property of the plaintiff; or if so seized, that it is, by statute exempt from such seizure; and,

5. The actual value of the property.

Amended Code, § 207.

§ 704. The plaintiff may, thereupon, by an endorsement in writing upon the affidavit, require the sheriff of the county where the property claimed may be, to take the same from the defendant, and deliver it to the plaintiff.

Amended Code, § 208.

§ 705. Upon the receipt of the affidavit and notice, with a written undertaking, executed by one or more sufficient sureties, approved by the sheriff to the effect that they are bound, in double the value of the property as stated in the affidavit, for the prosecution of the ac

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