289, n., 418, 420; 14 id. 354, 356; 15 id. 16; 26 W. D. 255; 21 Alb. L. J. 295; 2 Civ. Pro. (McCarty) 35; 18 Civ. Pro. 201; 20 id. 111; 22 id. 126; 132 N. Y. 507; 56 Hun, 337; 59 id. 148; 72 id. 462; 28 Abb. N. C. 260; 31 N. Y. St. R. 157; 32 id. 872; 35 id. 560; 36 id. 709, 710; 38 id. 521, 588; 42 id. 821; 55 id. 149; 17 N. Y. Supp. 34, 811. 3. To recover moneys, funds or property held or owned by the state, or held or owned officially or otherwise for or in behalf of a public or governmental interest by a municipal or other public corporation, board, officer, custodian, agency or agent, of the state or of a city, county, town, village or other division, subdivision, department or portion of the state which the defendant has without right obtained, received, converted or disposed of; or to recover damages for so obtaining, receiving, paying, converting or disposing of the same.

45 How. Pr. 12, 14; 5 Hun, 382; appeal dismissed, 63 N. Y. 202; 30 Hun, 553.

4. In an action upon contract, express or implied, other than a promise to marry, where it is alleged in the complaint that the defendant was guilty of a fraud in contracting or incurring the liability, or that he has since the making of the contract, or in contemplation of making of the same, removed or disposed of his property with intent to defraud his creditors, or is about to remove or dispose of the same with like intent; but where such allegation is made, the plaintiff cannot recover unless he proves the fraud on the trial of the action; and a judgment for the defendant is not a bar to a new action to recover upon the contract only. Code Civ. Pro., § 549, as am'd L. 1877, c. 416, and L. 1886, c. 672; subd. 4, added by L. 1879, c. 542.

9 How. Pr. 255, 258; 40 id. 226; 54 id. 455; 67 id. 275; s. c. 6 Civ. Pro. 77; 3 How. Pr. N. S. 177, 178; 19 Abb. Pr. 93, 94, 95; 8 id. 412; 11 id. 283; 12 id. 355; 55 N. Y. 93; 69 id. 188, 190; 94 id. 594, 598; 28 Barb. 293; 50 id. 224; 35 id. 444, 453; s. c. 13 Abb. Pr. 405, 414; 4 Hun, 590; 14 id. 389; 21 id. 459; 26 id. 147; 27 id. 264, 265; 29 id. 288, 291; s. c. 16 W. D. 459; 29 Hun, 478; 39 id. 325, 330; 43 id. 493, 497; 48 id. 605; 1 Hilt. 480; 2 Sweeney, 272; 34 N. Y. Super. 239; 49 id. 278, 279; 48 id. 249, 390, 392; 49 id. 273, 277; 52 id. 554, 557; s. c. 8 Civ. Pro. 187, 189, 190; 20 Hun, 343, 344; 7 Daly, 115, 120; 20 Hun, 53; 44 N. Y. Super. 144; 12 Daly, 516, 518; s. c. 6 Civ. Pro. 186; 15 W. D. 182, 183, 221; 6 Civ. Pro. 148; s. c. 67 How. Pr. 322, 324; 4 Civ. Pro. 3, 340, 344, 352; 6 id. 77, 151; 7 id. 53, 54; 6 id. 264, 271, n., 282; 8 id. 269, 271, 393, 395; 9 id. 255; 12 id. 423, 426; 14 id. 350, 352; 15 id. 138; 20 Abb. N. C. 225, n.; 20 id. 222, n.; 21 id. 258, n.; 4 E. D. Smith, 9, 10; 4 T. & C. 432; 5 id. 294; How. Pr. N. S. 89, 90; 33 N. Y. Supp. 367; 37 id. 531; 16 id. 487; 18 Civ. Pro. 77, 276; 23 id. 152; 125 N. Y. 364; 132 id. 507; 2 Misc. 422; 83 Hun, 371, 467; 86 id. 27; 11 Misc. 275; 23 Abb. N. C. 93; 25 id. 395; 28 id. 260; 30 N. Y. St. R. 828; 41 id. 226; 44 id. 856; 64 id. 650; 65 id. 12, 455; 1 N. Y. Supp. 288, 587; 2 id. 568, 617; 3 id. 123; 5 id. 671, 746, 897; 6 id. 197, 405; 8 id. 63; 9 id. 773; 10 id. 452, 800; 11 id. 39; 12 id. 309, 499; 13 id. 221; 14 id. 544; 15 id. 679; 21 id. 1026; 36 id. 977; 1 App. Div. 155; 2 id. 91.

3 Substitute for ne exeat. A defendant may also be arrested in an action wherein the judgment demanded requires the performance of an act the neglect or refusal to perform which would be punishable by the court as a contempt where the defendant is not a resident of the state, or being a resident, is about to depart therefrom, by reason of which non-residence or departure there is danger that a judgment or an order regarding the performance of the act will be rendered ineffectual. Code Civ. Pro., § 550, as am'd L. 1877, cs. 416 and 422, L. 1879, c. 542, and L. 1886, c. 672.

80 N. Y. 24; 1 Paige, 629; 2 id. 606; 5 id. 235; 10 Barb. 50; s. c. 5 How. Pr. 128; 15 Barb. 399, 400; 3 Edw. Chan. 231; 7 Hun, 313; 6 id. 378; 26 id. 542; 44 id. 4; 43 id. 211; 59 How. Pr. 131; 1 How. Pr. N. S. 89; 37 Hun, 506, 509; 94 N. Y. 488; 12 Daly, 518; 8. c. 6 Civ. Pro. 186; 8 id. 196; 18 Abb. N. C. 230, n.; 21 id. 321, 327; s. c. 49 Hun, 215; s. c. 14 Civ. Pro. 438, 440, aff'd, 112 N. Y. 674; 14 Civ. Pro. 350, 352; 1 Johns. Ch. 441, 443; 2 id. 169; 3 id. 75, 76, 412; 7 id. 189; 10 Abb. Pr. 422; 18 Civ. Pro. 77, 291; 22 id. 138; 23 id. 152; 132 N. Y. 507; 56 Hun, 337; 2 Misc. 422; 28 Abb. N. C. 260; 30 N. Y. St. R. 830: 31 id. 157; 36 id. 709; 44 id. 857; 45 id. 293; 50 id. 763; 65 id. 715: 1 N. Y. Supp. 686; 2 id. 617; 4 id. 3; 5 id. 671; 9 id. 773; 11 id. 5, 295; 12 id. 309; 21 id. 1026.

4 Order, when and how granted and served. In a case specified in the last section the order of arrest can be granted only by the court, is always in its discretion, and may be granted or served either before or after final judgment, unless an appeal from the judgment is pending upon which security has been given sufficient to stay the execution thereof. In either of the cases specified in section five hundred and forty-nine the order cannot be served after final judgment; but it may be granted where a proper case therefor is presented at any time

before final judgment. Code Civ. Pro., § 551, as am'd L. 1877, cs. 416 and 422, and L. 1886, c. 672.

7 How. Pr. 389; 1 Paige, 629; 7 Hun, 313; 21 id. 431; 37 id. 510; s. c. 8 Civ. Pro. 196; 26 Hun, 542; 43 id. 211; 22 Civ. Pro. 138; 132 N. Y. 507; 1 N. Y. Supp. 686.

5 When foreign judgment does not affect right to arrest. The recovery of judgment in a court, not of the State, for the same cause of action; or, where the action is founded upon fraud or deceit, for the price or value of the property obtained thereby; does not affect the right of the plaintiff to arrest the defendant. as prescribed in this title.* Code Civ. Pro., § 552.

22 Hun, 565; s. c. 85 N. Y. 502; s. c. 61 How. Pr. 365; 2 Civ. Pro. 328, 329; 20 Abb. N. C. 224, n.; 73 Hun, 246; 57 N. Y. St. R. 132; 60 id. 248.

6 When woman may be arrested. A woman cannot be arrested, as prescribed in this title,* except in a case where the order can be granted only by the court; or where it appears, that the action is to recover damages for a wilful injury to person, character or property. Code Civ. Pro., § 553, as am'd L. 1877, c. 416.

6 Hun, 1; 3 Abb. Pr. 259; 16 id. 353, n.; s. c. 25 How. Pr. 463; 16 Abb. Pr. 353; 1 Duer, 613; 4 Bosw. 684; 2 Sandf. 729; 22 How. Pr. 500; 52 N. Y. Super. 236; 49 id. 459; s. c. 12 Abb. N. C. 305, 307; 42 Barb. 435; 7 Civ. Pro. 393; 37 Ñ. Y. St. R. 535; 13 N. Y. Supp. 692.

7 Lunatic, idiot or infant under fourteen exempt. A lunatic, an idiot, or an infant under the age of fourteen years, if arrested, may be discharged from arrest, as a privileged person, in the discretion of the court. The application for his discharge may be made, in his behalf, by a relative, or by any other person whom the court or judge permits to represent him, for the purpose. Code Civ. Pro., § 554, as am'd L. 1877, c. 416.

8 One sued in representative capacity, when exempt. A person prosecuted in a representative capacity, as heir, executor, administrator, legatee, devisee, next of kin, assignee, or trustee, cannot be arrested, as prescribed in this title,* except for his personal act. Code Civ. Pro., § 555.

39 How. Pr. 432, 436; s. c. 2 Sweeney, 351.

Granting, Executing, and Vacating or Modifying the Order of Arrest.

9 Order by whom granted. An order for the arrest of the defendant, except as otherwise prescribed in section five hundred and fifty-one of this act, must be obtained from a judge of the court in which the action is brought, or from any county judge. Code Civ. Pro., § 556, as am'd L. 1877, c. 416.

4 T. & C. 82; s. c. 1 Hun, 603; 13 How. Pr. 564; 1 How. Pr. N. S. 484; s. c. 52 N. Y. Super. 64, 69; 22 Hun, 63; 15 id. 446; 20 Civ. Pro. 383; 39 N. Y. St. R. 18; 14 N. Y. Supp. 467.

10 What proof necessary. The order may be granted, in a case specified in section five hundred and forty-nine of this act, where it appears, by the affidavit of the plaintiff or any other person, that a sufficient cause of action exists against the defendant, as prescribed in that section. It may be granted, in a case specified in section five hundred and fifty of this act, upon the like proof that a sufficient cause of action exists against the defendant, as prescribed in that section, and of the other matters, extrinsic to the cause of action, specified in that section. The affidavit may also contain any statement tending to determine the amount of bail to be required. Code Civ. Pro., § 557, as am'd L. 1877, c. 416, and L. 1879, c. 542.

11

59 N. Y. 647; 77 id. 589; 15 How. Pr. 48; 25 id. 164; 54 id. 405; 10 Barb. 78; 33 id. 520; 11 Abb. Pr. N. S. 235; 14 id. 95; 4 T. & C. 193; s. c. 1 Hun, 639; 6 W. D. 570; id. 185; 7 Civ. Pro. 53, 55; s. c. 1 How. Pr. N. S. 89; 5 Civ. Pro. 16, 18; 9 id. 279; 14 Hun, 389; 49 N. Y. Super. 279; s. c. 4 Civ. Pro. 352; 57 Hun, 332; 11 Misc. 275; 32 N. Y. St. R. 568; 65 id. 455; 10 N. Y. Supp. 590. At what time granted; complaint failing to show cause of action. Subject to the provisions of the last preceding section the order may be granted at any time after the commencement of the action. It may also be granted to accompany the summons, but at any time after the filing or service of the complaint the order of arrest must be vacated on motion if the complaint fails to This subject, §§ 1-51.

set forth a sufficient cause of action as required by section five hundred and forty-nine of this act, but where the order is applied for after the filing or service of the complaint, the court before granting the same may without notice direct the service of an amended complaint so as to conform to the allegations required in subdivisions two and four of section five hundred and forty-nine of this act. Code Civ. Pro., § 558, as am'd L. 1877, c. 416, L. 1879, c. 542, and L. 1886, c. 672. 1 Code R. 87; 38 N. Y. 18; 7 Abb. Pr. N. S. 22; 10 id. 395; 21 Abb. N. C. 257, n., 258, 259; 22 Abb. 455, 457; 20 Hun, 53; 48 id. 450; 10 W. D. 190; 16 id. 502; 2 Civ. Pro. (McCarty) 141; s. c. 64 How. Pr. 117; 7 Civ. Pro. 55; s. c. 1 How. Pr. N. S. 89, 90; 4 L. B. 90; 74 N. Y. 491; s. c. 55 How. Pr. 88; 19 Civ. Pro. 121; 22 id. 138; 125 N. Y. 364; 132 id. 507; 30 N. Y. St. R. 829; 33 id. 25; 35 id. 283; 36 id. 686, 873; 45 id. 292; 1 N. Y. Supp. 587; 4 id. 3; 11 id. 677; 2 App. Div. 92.

12 Security on order made by judge. Except where the action is brought for a cause specified in subdivision third of section five hundred and forty-nine of this act, or in a case where it is specially prescribed by law that security may be dispensed with, or the security to be given is specially regulated by law, the judge, before he grants the order, must require a written undertaking on the part of the plaintiff, with two sufficient sureties, to the effect that, if the defendant recovers judgment, or if it is finally decided that the plaintiff was not entitled to the order of arrest, the plaintiff will pay all costs which may be awarded to the defendant, and all damages which he may sustain by reason of the arrest, not exceeding the sum specified in the undertaking, which must be at least equal to one-tenth of the amount of bail required by the order, and not less than two hundred and fifty dollars. Code Civ. Pro., § 559, as am'd L. 1879,

c. 542.

37 N. Y. Super. 393; 45 id. 389; 21 How. Pr. 427; 1 How. Pr. N. S. 5, 6; 1 Duer, 666; 31 Hun, 231; 33 id. 114, 116; 37 id. 637; 9 Civ. Pro. 129; 6 id. 49; 11 id. 436; 49 N. Y. Super. 207; s. c. 4 Civ. Pro. 449; 18 id. 69, 190; 20 id. 162, 218, 229, 241; 23 id. 150, 238; 58 Hun, 470; 1 Misc. 298; 2 id. 249, 414, 422, 577; 6 id. 438; 27 Abb. N. C. 136; 35 N. Y. St. R. 612; 37 id. 260; 39 id. 71; 46 id. 279; 48 id. 695; 50 id. 330; 51 id. 578; 58 id. 302; 12 N. Y. Supp. 495; 13 id. 559, 601, 899; 15 id. 295; 19 id. 467; 20 id. 726; 21 id. 944, 1014, 1026; 26 id. 739.

13

Same, on order by court. Where the order can be granted only by the court, an undertaking on the part of the plaintiff may be dispensed with. If it is required, its form, and the security to be given thereupon, must be such as the court prescribes. Code Civ. Pro., § 560.

43 Hun, 211; 49 id. 218; s. c. 21 Abb. N. C. 329; s. c. 14 Civ. Pro. 442; 18 id. 69; 1 N. Y. Supp. 687.

14 Signature and contents of order; limiting time to execute it. The order must be subscribed by the plaintiff's attorney, and, except where it is granted by the court, by the judge. It must briefly recite the ground of arrest. It may be directed, either to the sheriff of a particular county, or, generally, to the sheriff of any county. It must require the sheriff forthwith to arrest the defendant, if he is found within his county; to hold him to bail in a specified sum; and to return the order, with his proceedings thereunder, as prescribed by law. The plaintiff's attorney may, at his option, by an indorsement upon the order, or, where it was granted by the court, upon the copy thereof, delivered to the sheriff, fix a time within which the defendant must be arrested. In that case, he cannot be arrested afterwards under the same order. Code Civ. Pro., § 561, as am'd L. 1877, c. 416.

50 Barb. 70: s. c. 35 How. Pr. 209; 63 N. Y. 202; 7 Hun, 313; 33 id. 114, 116; 43 id. 209; 15 Civ. Pro. 7; 22 id. 109; 46 N. Y. St. R. 178; 1 N. Y. Supp. 212; 18 id. 765. 15 Papers to be delivered to sheriff; copy to be given defendant; originals, within what time to be filed. The order of arrest, or, where it is granted by the court, a certified copy thereof, subscribed by the plaintiff's attorney; and in either case, the papers upon which the order was granted, with the undertaking, if any, must be delivered to the sheriff, who, upon arresting the defendant, must deliver to him a copy thereof. The papers upon which the order was granted, with the undertaking, if any, must be filed with the order of arrest, or a certified copy thereof, at the time prescribed for filing the same in section five hundred and

ninety of this act. Code Civ. Pro., § 562, as am'd L. 1877, c. 416, and L. 1879, c. 542.

5 Hun, 624: 49 How. Pr. 275; 55 id. 1; 54 id. 519; 3 Code Rep. 183; 16 Abb. Pr. 83; s. c. 25 How. Pr. 190; s. c. 40 Barb. 254.

16 Order, how executed. The sheriff must execute the order by arresting the defendant, if he is found within his county, and keeping him in custody, until discharged by law. Code Civ. Pro., § 563.

20 Wend. 234; 30 N. Y. 1; 3 Johns. 257.

17 General provision as to privilege from arrest; discharge of privileged person. This title does not abridge or affect a privilege from arrest given by law, or a right of action for a breach thereof. A privileged person is entitled to be discharged from arrest, where other provision is not made therefor by law, by the court, or a judge thereof; or by the county judge of the county where the arrest was made. The order must be made, upon proof by affidavit, of the facts entitling the applicant to the discharge; and the arrest and discharge are not a bar to a new arrest, after the privilege has ceased. The court or judge may make the order without notice, or may require notice to be given to the sheriff, or to the plaintiff, or to both. Code Civ. Pro., § 564, as am'd L. 1877, c. 416, and L. 1895, c. 946.

7 Hun, 83; 47 How. Pr. 415; 23 id. 331; 57 id. 171; 5 Daly, 187; 1 id. 401; 8 Abb. Pr. 416; 12 id. 38; 1 id. 280; s. c. 11 How. Pr. 189; 4 Hill, 59; 3 Duer, 622; 2 Rob. 704; 4 Wend. 204; 39 Barb. 186; s. c. 15 Abb. Pr. 290; 59 N. Y. 110.

18 When court officer or attorney privileged. An officer of a court of record, appointed or elected pursuant to law, is privileged from arrest, during the actual sitting, which he is required to attend, of a term of the court of which he is an officer, and no longer; but an attorney or counsellor is not thus privileged, unless he is employed in a cause, to be heard at that term. Code Civ. Pro., § 565.

10 How. Pr. 36; 5 Wend. 90; 18 Johns. 52; 4 Hill, 59.

19 Defendant's time to answer. Except where an order of arrest can be granted only by the court, a defendant, arrested before answer, has twenty days after the arrest, in which to answer the complaint; and judgment must be stayed accordingly. Code Civ. Pro., § 566.

66 How. Pr. 1, 2.

20 When motions to vacate order, reduce bail or increase security may be made. Except where an order of arrest can be granted only by the court, a defendant, arrested as prescribed in this title,* may, at any time before final judgment, or, if he was arrested within twenty days before final judgment, at any time within twenty days after the arrest, apply to vacate the order of arrest; or to reduce the amount of bail; or to increase the security given by the plaintiff; or for one or more of those forms of relief, together, or in the alternative. In a case where the order of arrest can be granted only by the court, a like application may be made, at any time within twenty days after the arrest; and an application to increase the security given by the plaintiff, may be made at any time before final judgment. Code Civ. Pro., § 567, as am'd L. 1877, c. 416.

47 How. Pr. 415; 36 id. 179; 44 id. 443; 59 id. 410; 66 id. 3, 395; 4 T. & C. 547; s. c. 2 Hun, 347; 7 Daly, 103; 51 Hun, 242; 7 id. 197; 22 Abb. N. C. 456; 21 id. 322, n.; 12 Abb. Pr. 292; s. c. 20 How. Pr. 441; 15 Civ. Pro. 7, 8; 19 id. 121; 125 N. Y. 364; 35 N. Y. St. R. 284; 1 N. Y. Supp. 212; 3 id. 860; 4 id. 337; 37 id. 849.

21 Same; upon what papers and before whom to be made; new proofs on part of plaintiff. An application, specified in the last section, may be founded only upon the papers upon which the order was granted; in which case, it must be made to the court, or, if the order was granted by a judge out of court, to the same judge in court or out of court, and with or without notice, as he deems proper, and the application must be heard upon those papers only. Or it may be founded upon proof, by affidavit, on the part of the defendant; in which case, it must be made to the court, or, if the order was granted by a judge, out of court, to any judge of the court, upon notice; and it may be opposed by new proof, by affidavit, on the part of the plaintiff, tending to sustain any ground of arrest *This subject, §§ 1-51.

recited in the order, and no other, unless the defendant relies upon a discharge in bankruptcy, or upon a discharge or exoneration, granted in insolvent proceedings; in which case, the plaintiff may show any matter in avoidance thereof, which he might show upon the trial. Code Civ. Pro., § 568, as am'd L. 1877,

c. 416.

7 Hun, 195; 14 id. 518; 49 id. 217; s. c. 21 Abb. N. C. 322, n., 329; 22 Hun, 557; 51 id. 242; 23 How. Pr. 393; 46 id. 515; 66 id. 395; 49 id. 171; 7 Abb. Pr. 181; 33 N. Y. Super. 494, 555; 1 L. B. 10, 38, 49; 19 Alb. L. J. 401; 21 id. 295; 8 Civ. Pro. 393; 14 id. 442; 15 id. 16; 5 Daly, 505; 10 W. D. 456; 19 Civ. Pro. 121; 22 id. 109; 33 N. Y. St. R. 26; 38 id. 858; 45 id. 292; 46 id. 178; 1 N. Y. Supp. 686; 3 id. 860; 18 id. 765; 14 id. 540; 37 id. 849.

§ 569-571 repealed by L. 1877, c. 416.

22 When order superseded on account of neglect, delay, etc., on part of plaintiff. Except in a case where an order of arrest can be granted only by the court if the plaintiff unreasonably delays the trial of the action or neglects to enter judgment therein within ten days after it is in his power to do so, or neglects to issue execution against the person of the defendant within ten days after the return of the execution against the property, and in any event neglects to issue the same within three months after the entry of the judgment, or whenever it shall appear to the satisfaction of the court that the plaintiff in an action, or a judgment creditor in a judgment, delays the enforcement of his remedies therein by collusion, or for the purpose of allowing the debtor to remain in prison under the mandate in any other action, before the issuing of the mandate in favor of such creditor, so as to produce a continued and extended imprisonment by virtue of the separate mandates in the different actions, the defendant must upon his application, made upon notice to the plaintiff, be discharged from custody if he has already been taken under the mandate against him in such action; or if he has not yet been imprisoned therein, be relieved from imprisonment by virtue of such mandate, by the court in which the action was commenced, unless reasonable cause is shown why the application should not be granted. A defendant discharged as prescribed in this section shall not be arrested upon an execution issued upon the judgment in the action. Code Civ. Pro., $572, as am'd L. 1877, c. 416, L. 1882, c. 397, and L. 1886, c. 672.

2 Abb. Pr. 20; 13 id. 101; 2 Abb. Pr. N. S. 295; 18 Abb. N. C. 226, 454; 19 id. 58, 151; 22 id. 458, 459, 460; 18 How. Pr. 270; s. c. 9 Abb. Pr. 209; 42 How. Pr. 245; s. c. 34 N. Y. Super. 23; 57 N. Y. 58; 45 N. Y. Super. 334; 54 id. 1, 129, 132; 36 id. 515; 22 Hun, 491; 41 id. 475, 476; 43 id. 290; 11 W. D. 25; s. c. 22 Hun, 13; 10 Civ. Pro. 157, 166, 170, n.; 11 id. 405, 409; 12 id. 176; 12 id. 248, 253; 13 id. 212, 214; 14 id. 351; 12 id. 431, 434; 18 id. 77, 79, 93; 21 id. 294; 22 id. 139; 132 N. Y. 509; 72 Hun, 598; 85 id. 377; 88 id. 407; 10 Misc. 350; 23 Abb. N. C. 221; 43 N. Y. St. R. 76; 45 id. 760; 54 id. 774; 66 id. 406; 68 id. 782, 783; 31 N. Y. Supp. 23; 32 id. 969; 34 id. 843.

Discharging Defendant upon Bail or Deposit; Justification of the Bail and Disposition of the Deposit.

23 Defendant, if not in contempt, may give bail or make deposit; opportunity to procure bail. The defendant, at any time before he is in contempt, where the order can be granted only by the court, or, in any other case, at any time before execution against his person, must be discharged from arrest, either upon giving bail, or upon depositing the sum specified in the order of arrest. The defendant may give bail, or make the deposit, immediately upon his arrest, at any hour of the day or night; and he must have reasonable opportunity to see* for and to procure bail, before being committed to jail. Code Civ. Pro., § 573.

57 N. Y. 582; 63 id. 202; 45 id. 394; 8 Abb. Pr. N. S. 155; 13 id. 148; 18 Abb. N. C. 321; 43 Hun, 207; 12 Civ. Pro. 311; 11 id. 409; 13 id. 297.

Where the

24 When he may elect to give bail, etc., or bond for jail liberties. defendant is actually confined in the jail, by virtue of an order of arrest, and final or interlocutory judgment has been rendered against him in the action, but an execution against his person has not been issued, he may elect, either to give a bond for the liberties of the jail, or to give bail or make a deposit, as prescribed in this article.† Code Civ. Pro., § 574.

11 Civ. Pro. 409.

*So in the original.

This subject, §§ 23-40.