§ 1-431. When sheriff liable as bail.
§1‑431. When sheriff liable as bail.
If, after arrest, thedefendant escapes, or is rescued, or bail is not given or justified, or adeposit is not made instead thereof, the sheriff is himself liable as bail. Buthe may discharge himself from such liability by the giving and justification ofbail at any time before process against the person of the defendant to enforcean order or judgment in the action. (C.C.P., s. 171; Code, s.313; Rev., s. 749; C.S., s. 789.)