780 – Sheriff Liable for Taking Insufficient Sureties.
§ 780. Sheriff liable for taking insufficient sureties. After the return of an execution, issued upon a judgment, rendered in an action upon the undertaking, an action, to recover the amount of the judgment, may be maintained against the sheriff, where it appears that, at the time when the undertaking was given, the sureties were […]
781 – Punishment of Misconduct at Trial Term.
§ 781. Punishment of misconduct at trial term. Where a misconduct, which is punishable by fine or imprisonment, as prescribed in this article, occurs at a trial term, or with respect to a mandate returnable at such term, and was not punished at the term at which it occurred, the supreme court may inquire into […]
776 – Offender Liable to Indictment.
§ 776. Offender liable to indictment. A person, punished as prescribed in this article, may, notwithstanding, be indicted for the same misconduct, if it is an indictable offense; but the court, before which he is convicted, must, in forming its sentence, take into consideration the previous punishment.
777 – Proceedings When Accused Does Not Appear.
§ 777. Proceedings when accused does not appear. Where a person has given an undertaking for his appearance, as prescribed in this article and fails to appear, on the return day of the application, the court may either issue a warrant of commitment, or make an order, directing the undertaking to be prosecuted; or both.
778 – Prosecution of Undertaking by Person Aggrieved.
§ 778. Prosecution of undertaking by person aggrieved. The order directing the undertaking to be prosecuted, may, in the discretion of the court, direct the prosecution thereof, by and in the name of any party aggrieved by the misconduct of the accused. In such a case, the plaintiff may recover damages, to the extent of […]
779 – Prosecution of Undertaking by Attorney-General or District Attorney.
§ 779. Prosecution of undertaking by attorney-general or district attorney. If no party is aggrieved by the misconduct of the accused, the order must, and, in any case where the court thinks proper so to direct, it may, direct the prosecution of the undertaking, by the attorney-general, or by the district attorney of the county […]
770 – Final Order Directing Punishment; Exception.
§ 770. Final order directing punishment; exception. Upon the return of an application to punish for contempt, or upon a hearing held upon a warrant of commitment issued pursuant to section seven hundred seventy-two or seven hundred seventy-three of this article, the court shall inform the offender that he or she has the right to […]
771 – Punishment Upon Return of Habeas Corpus.
§ 771. Punishment upon return of habeas corpus. Where the accused is brought up by virtue of a writ of habeas corpus, he must, after the final order is made, be remanded to the custody of the sheriff, or other officer, to whom the writ was directed. If the final order directs that he be […]
772 – Punishment Upon Return of Application.
§ 772. Punishment upon return of application. Upon the return of an application to punish for contempt, the questions which arise must be determined, as upon any other motion; and, if the determination is to the effect specified in section seven hundred and seventy, the order thereupon must be to the same effect as the […]
773 – Amount of Fine.
§ 773. Amount of fine. If an actual loss or injury has been caused to a party to an action or special proceeding, by reason of the misconduct proved against the offender, and the case is not one where it is specially prescribed by law, that an action may be maintained to recover damages for […]