Bail, how put in and without the defendant, in the discretion of the magis form of the trate), and acknowledged before the Court or magis undertak ing. Qualifications of bail trate, in substantially the following form: An order having been made on the day of A. D. eighteen, by A. B., a Justice of the Peace of County (or as the case may be), that C. D. be held to answer upon a charge of (stating briefly the nature of the offense), upon which he has been admitted to bail in the sum of - dollars; we, E. F. and G. II. (stating their place of residence and occupation), hereby undertake that the above named C. D. will appear and answer the charge above mentioned, in whatever Court it may be prosecuted, and will at all times hold 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.) NOTE.-People vs. Smith, 18 Cal., p. 498. A substantial compliance with this section is sufficient.-People vs. Love, 19 Cal., p. 576. Bail is taken by a recognizance executed by sureties; the accused need not sign it.-People vs. Love, 19 Cal., p. 576. The bond need not state in what Court the defendant must appear.People vs. Carpenter, 7 Cal., p. 402. 1279. (§ 517.) The qualifications of bail are as follows: 1. Each of them must be a resident, householder, or freeholder within the State; but the Court or magistrate may refuse to accept any person as bail who is not a resident of the county where bail is offered; 2. They must each be worth the amount specified in the undertaking, exclusive of property exempt from execution; but the Court or magistrate, on taking bail, may allow more than two sureties to justify sev erally in amounts less than that expressed in the undertaking, if the whole justification be equivalent to that of sufficient bail. NOTE.-Stats. 1855, p. 269, Sec. 1. to justify. 1280. (§§ 518, 519.) The bail must in all cases Bail, how justify by affidavit taken before the magistrate, that they each possess the qualifications provided in the preceding section. The magistrate may further examine the bail upon oath concerning their sufficiency, in such manner as he may deem proper. 1281. Upon the allowance of bail and the execution of the undertaking, the magistrate must, if the defendant is in custody, make and sign an order for his discharge, upon the delivery of which to the proper officer the defendant must be discharged. On allow ance of bail, defendant th discharged. ARTICLE III. BAIL UPON AN INDICTMENT BEFORE CONVICTION. SECTION 1284. When offense is not capital. 1285. When the offense is capital. 1286. Bail on habeas corpus. 1287. Form of undertaking. 1288. Sections applicable to qualifications, etc. 1284. (§ 520.) When the offense charged in the indictment 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 is arrested, for the purpose of giving bail. NOTE.-The County Court is not fettered in its authority over the person of the defendant, after an indictment is found against him, by reason of any proceedings had against him previously. If bail has been previously taken, and is deemed sufficient security for the defendant's appearance, the Court may permit it to stand; if not deemed sufficient, the Court may order the defendant into custody, either for the purpose of procuring additional bail or for his detention until trial, if the case is one in which bail ought not to be taken. Ex Parte Cook, 35 Cal., p. 107. 1285. (§ 521.) If the offense charged in the indictment is punishable with death, the officer arrest When offense is not capital. When the capital. of ense is Bail on habeas corpus. Form of undertaking. ing the defendant must deliver him into custody, according to the command of the bench warrant. 1286. (§ 522.) 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. (§ 523.) The bail must be put in by a writ ten 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: day An indictment having been found on the of - -, A. D. eighteen in the County 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.) NOTE.-Stats: 1863, p. 162, Sec. 19; People vs. Smith, 18 Cal., p. 498. See note to Sec. 1278 of this Code. A party indicted for a bailable offense, and who is under arrest on a bench warrant on which an order is indorsed admitting the defendant to bail, is entitled to a discharge upon the execution of a proper recognizance. No approval of the recognizance is required, and the responsibility of the sureties attaches the moment the party is released; their liability is fixed by a breach of its conditions, and a forfeiture declared and entered by the proper Court. The justification forms no part of the contract, and in no manner affects the liability of the sureties.-People vs. Penniman, 37 Cal., p. 271. applicable cations, etc. 1874 1288. (§ 524.) The provisions contained in Sec- Sections Am? tions 1279, 1280, and 1281, in relation to bail, apply to qualifito the qualifications of the bail, and to all the proceedings respecting the putting in and justifying of bail and incident thereto. 1289; new Sec. 1874. ARTICLE IV. BAIL ON APPEAL. SECTION 1291. Who may admit to bail. 1292. Qualifications of bail and how put in, and condition of undertaking. admit to bail. 1291. (§ 525.) In the cases in which defendant who may 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. NOTE.-Stats. 1851, p. 212. See, as to the right to bail on appeal, Sec. 1272 of this Code, and note. tions of bail and how condition taking. put in, and 1292. (§ 527.) The bail must possess the qualifi- Qualificacations, 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. of under ARTICLE V. DEPOSIT INSTEAD OF BAIL. SECTION 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. (§ 528.) 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 Deposit, when and May, after bail is given and before a certificate of the deposit, he must be discharged from custody. 1296. (§ 529.) If the defendant has given bail, he may, at any time before the forfeiture of the undertakforfeiture. ing, in like manner deposit the sum mentioned in the recognizance, and upon the deposit being made the bail is exonerated. Deposit to be applied 1297. (§ 530.) When money has been deposited, to payment if it remains on deposit at the time of a judgment for of judg ment and fine. 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. ARTICLE VI. Surrender, by whom; how made. SURRENDER OF THE DEFENDANT. SECTION 1300. Surrender, by whom; when, and how made. 1302. On a surrender, before forfeiture, money deposited to 1300. (§§ 531, 532.) At any time before the forwhen, and feiture 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. 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 |