1274. When the admission to bail is a matter of discretion, the court or officer to whom the application is made must require reasonable notice thereof to be given to the district attorney of the county.

ARTICLE II.

Bail Upon Being Held to Answer Before Indictment.

1277. What magistrates may

1280a. Bail, justification generally.

1280b. Same, etc.

1281. Bail allowed, defend

ant discharged.

1281a. Municipal Courts. Bail.

1277. When the defendant has been held to answer upon an examination for a public offense, the admission to bail may be by the magistrate by whom he is so held, or by any magistrate who has power to issue the writ of habeas corpus.

1278. Bail is put in by a written undertaking, executed by two sufficient sureties (with or without the defendant, in the discretion of the magistrate), and acknowledged before the court or magistrate, in substantially the following form:

day of

A. D.

An order having been made on the 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. H. (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).

1279. 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 severally in amounts less than that expressed in the undertaking, if the whole justification be equivalent to that of sufficient bail.

1280. The bail must in all cases 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.

1280a. All such affidavits for the justification of bail shall set forth the legal description of the real estate owned by the bail, which is scheduled as showing that they each possess the qualifications provided in the proceeding section, said affidavits shall also show all encumbrances upon such real estate known to affiants and shall show the number of bonds, if any, on which said bail has qualified, within one year before the date of the affidavit. 1923.

1280b. It shall be the duty of the judge or magistrate to file with the county clerk, within twenty-four hours after presentation to him, all such affidavits for the justification of bail, in all proceedings, by delivering or mailing the same to the county clerk. The county clerk must keep a list of all persons whose affidavits have been so filed with him which must show the number of times within one year that such bail has previously executed affidavits for bail. 1923-436.

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.

1281a. A judge of any municipal court within the county, wherein a cause is pending against any person charged with a felony, may justify and approve bail in the said cause, and may execute an order for the release of the defendant which shall authorize the discharge of the defendant by any officer having said defendant in custody. 1925.

ARTICLE III.

Bail Upon an Indictment Before Conviction.

1284. When offense is not capital.

1285. When offense is capital. 1286. Bail on Habeas Corpus. 1287. Form of undertaking.

1288. Sections applicable, generally.

1289. Bail, when increased or decreased.

1284. When the offense charged 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 was arrested, for the purpose of giving bail, 1880-26.

1285. If the offense charged is punishable with death, the officer arresting the defendant must deliver him into custody, according to the command of the bench-warrant. 1880-26.

1286. When the defendant is so delivered into custody he must be held by the sheriff, unless admitted to bail upon examination upon a writ of habeas corpus.

1287. 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 A. D. eighteen of the county of

court

day of in the county charging A. B. with the crime of (designate 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).

1288. The provisions contained in sections one thousand two hundred seventy-nine, one thousand two hundred eighty, one thousand two hundred eighty-one and one thousand two hundred eighty-one a, in relation to bail before indictment and the justification and approval of the same by a judge of the municipal court, apply to bail after indictment.

1925.

1289. 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. 1880-27.

ARTICLE IV.

Bail on Appeal.

1291. Who may admit to bail. 1292. Qualifications of bail.

1291. 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. 1878-122.

1292. The bail must possess the qualifications, 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 one thousand two hundred and seventy-three, for undertakings of bail on appeal.

ARTICLE V.

Deposit Instead of Bail.

1295. Deposit, how made. 1296. May after bail given and before forfeiture.

1297. Bail money may be used to pay fine or judgment.

1298. United States and State bonds, when may be used.

1295. The defendant, at any time ofter 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.

1296. 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 recognizence, and upon the deposit being made the bail is exonerated.

1297. 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.

1298. In lieu of a deposit of money, the defendant may deposit bonds of the United States or of the State of California of the face value of the cash deposit required, and such bonds shall be treated in the same manner as a deposit of money except that the clerk shall, under order of the court, when occasion arises therefor, sell the said bonds and apply the proceeds of such sale in the manner that a deposit of cash may be required to be applied.

1300. Surrendered generally.

1301. Same.

ARTICLE VI.

Surrender of the Defendant.

defendant, 1302. On surrender, deposit money refunded.

1300. 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 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 attorney of the county, with a copy of the undertaking and certificate, order that the bail be exonerated, and upon filing the order and the papers used on the application, they are exonerated accordingly.

1301. For the purpose of surrending 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.

1302. 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.

ARTICLE VII.

Forfeiture of the Undertaking of Bail or of the Deposit of Money. 1305. Bail, how forfeited and 1307. Deposit money, when discharged. forfeited, how disposed.

1305. 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