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United
States Court Ruling
When
bail is given, the principal is regarded as delivered to the custody
of his sureties (bondsman). Their dominion is a continuance of the
original imprisonment. Whenever they choose to do so,
they may seize him and deliver him up to their discharge, and if
this cannot be done at once, they may imprison him until it can be
done. They may exercise their rights in person or by an
agent. They may pursue him into another
state. May arrest on he Sabbath; and if necessary, may
break and enter his house for that purpose. The seizure
is not made in virtue of any new process, none is needed. It
is likened to the re-arrest by the Sheriff of an escaping
prisoner.
1972 Supreme Court decision in
favor of Prather and
Rivkin.
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