§ 17-35. When the party bailed or remanded.
§17‑35. When the party bailed or remanded.
If it appears that the partyhas been legally committed for any criminal offense, or if it appears by thetestimony offered with the return of the writ, or upon the hearing thereof,that the party is guilty of such an offense, although the commitment isirregular, the court or judge shall proceed to let such party to bail, if thecase is bailable and good bail is offered; if not, the court or judge shallforthwith remand such party to the custody or place him under the restraintfrom which he was taken, if the person or officer, under whose custody orrestraint he was, is legally entitled thereto; if not so entitled, the court orjudge shall commit such party to the custody of the officer or person legallyentitled thereto. (1868‑9, c. 116, s. 22; Code, s. 1647; Rev., s.1849; C.S., s. 2237.)