1. At any time before the forfeiture of the undertaking, the surety may surrender the defendant, or the defendant may surrender, to the officer to whose custody the defendant was committed at the time of giving bail, and such officer shall detain the defendant as upon a commitment and must, upon such surrender and the receipt of a certified copy of the undertaking of bail, acknowledge the surrender by a certificate in writing.
2. Upon the filing of the undertaking and the certificate of the officer, or the certificate of the officer alone if money has been deposited instead of bail, the court or clerk shall immediately order return of the money deposited to the person who deposited the same, or order an exoneration of the surety.
3. For the purpose of surrendering the defendant, the surety, at any time before finally charged and at any place within the state, may arrest the defendant, or, by a written authority endorsed on a certified copy of the undertaking, may empower any person of suitable age and discretion to do so.
[C51, § 3236--;3238; R60, § 4987--;4989; C73, § 4593--;4595; C97, § 5528--;5530; C24, 27, 31, 35, 39, § 13641--;13643; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, § 768.1--;768.3; C79, 81, § 811.8]
Referred to in § 811.9, 812.2
Iowa General Assembly
Search: Iowa Code 1997
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