EDWIN WARFIELD, ESQ., GOVERNOR.

821

then be had be released from custody on giving his personal
recognizance to appear and answer for such violation at such
time and place as shall then be ordered, secured by the
deposit of a sum equal to the maximum fine for the offense
with which he is charged, or in lieu thereof, by leaving the
motor vehicle owned by such person, with or in the custody
of such justice of the peace, police justice or clerk of such
police court, or, in case such justice of the peace or police
justice is not accessible, be forthwith released from cutody, on
giving his name and address to the officer making such
arrest, and depositing with such officer a sum equal to the
maximum fine for the offence for which such arrest is
made, or, in lieu therof, by leaving the motor vehicle
owned by such person with such officer; provided, that
in such case, the officer making such arrest shall give a
receipt in writing for such sum or vehicle, and by endorse-
ments on such receipt notify such person to appear before
the nearest justice of the peace or police justice or court on

CHAP. 449

the following day, naming him or it, and specifying the place
and hour. In case security shall be deposited, as in this
section provided, it shall be returned to the person deposit-
ing the same forthwith on such person being admitted to bail,
on the surrender of the receipt or voucher given at the time
to such person. If a motor vehicle shall be deposited as
security as aforesaid, and the owner thereof so elect and pay
the expense thereof, the same shall be taken to the near-
est garage or other place where the same can be prop-
erly kept and protected, and there left subject to the order
of the officer or justice in whose custody it was left as
aforesaid. Any officer or other person using or operat-
ing any motor vehicle so left in custody as aforesaid shall
be deemed guilty of a misdemeanor, and upon conviction,
shall be sentenced to pay a fine not exceeding one hundred
dollars, or in default thereof be imprisoned for a period not
exceeding sixty days. If the person depositing such security

Surety
returned on
surrender of
receipt.

as aforesaid shall fail to appear before the magistrate or
court at the time specified, the amount deposited by him
may be declared forfeited, and be disposed of as money
deposited for bail in other cases, or the motor vehicle so left
as security ma.y be sold at public auction after ten days'
notice to the owner at the address given, and by handbills
publicly posted, such sale to be by order of the justice oi

Security
declared
forfeited.