Practice And Pleading in Civil Actions And Proceedings At Law in All the Courts of Massachusettts : With a Chapter On Equity Jurisdiction And Practice Under the Statute of 1883, Chapter 223

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" Jones v. Kelley, 17 Mass. 116.
164 BAIL IN CIVIL ACTIONS. [CH. XVIII.
person surrendered and committed must be received by the jailer, and held in custody. He may be forthwith bailed, whether notice of the surrender has or has not been given to the plaintifP, and shall in all respects have the same rights and priYileges as if committed upon the original arrest.^ § 14. The liabilities of bail vary with the nature of the cases in which bail is given. They involve questions of general law, and n
...ot of practice. They depend in part upon provisions of statute and in part upon principles of the common law.
§ 15. Rights of Bail. — By the common law, the bail has the custody of the principal, and may take him at any time and in any place. The taking is not by virtue of any process or warrant, but is a continuation of the custody, which has been, at the request of the principal, committed to the bail.
The right of bail to arrest the principal arises from the rela- tion of the parties, which is not changed by the principal being out of the county or State where he was arrested.


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