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court, apply the money in satisfaction thereof, and after satisfying the fine, must refund the surplus, if any, to the defendant.

ARTICLE VI.

SURRENDER OF THE DEFENDANT.

SECTION 590. Surrender, by whom, when, and how made.

591.

592.

By whom, when and where, defendant may be arrested for the purpose of a surrender.

On surrender before forfeiture, money deposited to be refunded; order therefor, how obtained.

§ 590. Surrender, by whom, when, and how made. At any time before the forfeiture of the undertaking, any surety may surrender the defendant in his exoneration, or the defendant 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 indictment or the appeal, as the case may be, is pending, may, upon a 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, the bail is exonerated accordingly.

591. By whom, when and where, defendant may be arrested for the purpose of a surrender. For the purpose of surrendering the defendant, any surety, at any time before he is finally charged, and at any place within the state, may himself 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.

§ 592. On surrender before forfeiture, money deposited to be refunded. If money have been deposited instead of bail, and the defendant at any time before the forfeiture thereof, surrender himself to the officer to whom the commitment was directed, in the manner provided in section 590, 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.

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FORFEITURE OF THE UNDERTAKING OF BAIL, OR THE DEPOS MONEY.

593. Application therefor, how made and on what terms granted.

§ 593. In what cases, and how ordered. If, without suffic excuse, the defendant neglect to appear for arraignment, or for or judgment, or upon any other occasion where his presence in c may be lawfully required, or to surrender himself in execution the judgment, the court must direct the fact to be entered upor minutes; and the undertaking of his bail, or the money deposi instead of bail, as the case may be, is thereupon forfeited.

594. When and how forfeiture may be discharged. If, any time before the final adjournment of the court, the defenda appear and satisfactorily excuse his neglect, the court may dire the forfeiture of the undertaking or deposit to be discharged, up such terms as are just.

§ 595. Forfeiture of bail, to be enforced by action. If the fo feiture be not discharged, as provided in the last section, the distri attorney may, at any time after the adjournment of the court, pro ceed against any surety upon his undertaking. Such proceedin shall be by action only, except in the city and county of New York where it shall be in the method now prescribed by special statute.

596. Deposit of money when forfeited, how disposed of. If by reason of the neglect of the defendant to appear, as provided in section 593, money deposited instead of bail is forfeited, and the for feiture be not discharged or remitted, as provided in sections 594 and 597, the county treasurer with whom it is deposited may at any time after the final adjournment of the court apply the money deposited to the use of the county.

597. Remission of forfeiture. After the forfeiture of the undertaking or deposit, as provided in this article, the court directing the forfeiture, the county court of the county, or in the city of New York, the supreme court may remit the forfeiture or any part thereof, upon such terms as are just.

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601. Defendant may be arrested in any county. The defendant may be arrested pursuant to the order, upon a certified copy thereof, in any county, in the same manner as upon a warrant of arrest; except, that when arrested in another county, the order need not be indorsed by a magistrate of that county.

§ 602. If for failure to appear for judgment, defendant must be committed. If the order recite, as the ground upon which it is made, the failure of the defendant to appear for judgment upon conviction, the defendant must be committed according to the requirement of the order.

§ 603. If for other cause, he may be admitted to bail. If the order be made for any other cause, and the crime be bailable, the court may fix the amount of bail, and may direct in the order, that the defendant be admitted to bail in the sum fixed, which must be specified in the order.

§ 604. Bail in such case, by whom taken. When the defendant is admitted to bail, the bail may be taken by any magistrate in the county, having authority, in a similar case, to admit to bail upon the holding of the defendant to answer before indictment, as prescribed in sections 557 and 558, or by any other magistrate to be designated by the court.

§ 605. Form of the undertaking. When bail is taken upon the recommitment of the defendant, the undertaking of bail must be in substantially the following form :

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'An order having been made on the

day of

18-, by the court of [naming the court], that A. B. be admitted to bail in the sum of dollars, in an action pending in that court against him in behalf of the people of the state of New York, upon an [information, presentment indictment or appeal, as the case may be],

"We, A. B., defendant [if the defendant join in the undertaking], and C. D., surety of [stating his place of residence and occupation], and E. F., surety of [stating his place of residence and occupation], hereby, jointly and severally, undertake that the abovenamed A. B. shall appear in that or any other court in which his appearance may be lawfully required, upon that [information, presentment indictment or appeal, as the case may be], and shall at all times render himself amenable to its orders and process, and appear for judgment and surrender himself in execution thereof; or if he fail to perform either of these conditions, that we will pay to the people of the state of New York the sun of dollars" [insert ing the sum in which the defendant is admitted to bail].

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§ 607. Subpoena, defined. The process by which the attendance of a witness, before a court or magistrate is required, is a subpœna.

§ 608. Magistrate may issue subpoenas, for witnesses before grand jury. A magistrate, before whom an information is laid, may issue subpoenas, subscribed by him, for witnesses within the state, either on behalf of the people or of the defendant.

§ 609. District attorney may issue subpoenas for witnesses before grand jury. The district attorney of the county may issue subpoenas, subscribed by him, for witnesses within the state, in support of the prosecution or for such other witnesses as the grand jury may direct, to appear before the grand jury, upon an investigation pending before them.

§ 610. He may also issue subpoenas, for the people, on trial of an indictment. The district-attorney may, in like manner, issue subpoenas subscribed by him, for witnesses within the state, in support of an indictment, to appear before the court at which it is to be tried.

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