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Section IV   Discharge upon bail

Revised Laws of Saint Lucia (2021)

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Section IV   Discharge upon bail

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    664.   The defendant may obtain his or her discharge upon giving 2 good and sufficient sureties to the Sheriff, who undertakes to the satisfaction of the latter that he or she will not leave Saint Lucia, and that, in case he or she does so, such sureties will pay the amount of the judgment that may be rendered, in principal, interest, and costs, or the amount fixed by the Judge in the case of article 642.

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    665.   The defendant may also obtain his or her discharge at any time before judgment, by giving good and sufficient sureties who undertake to the satisfaction of the Court, or Judge, or Registrar, that he or she will surrender himself or herself into the hands of the Sheriff, when required to do so by an order of the Court or Judge, within one month from the service so such order upon him or her or upon his or her sureties, and that in default they will pay the amount of the judgment in principal, interest, and costs, or the amount fixed by the Judge in the case of article 642.

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    666.   This bail is offered after a notice served upon the plaintiff or his or her attorney-at-law, with one intermediate day's delay.

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    667.   The sureties offered must, if required, justify their sufficiency upon oath, but need not justify upon real estate in any case set forth in this section.

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    668.   A defendant arrested upon a capias may obtain his or her provisional discharge by giving good and sufficient sureties to the Sheriff to the satisfaction of the latter, before the return day of the writ, that he or she will pay the amount of the judgment that may be rendered upon the demand, in principal, interest, and costs, if he or she fails to give bail pursuant to article 663 or to article 665.

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    669.   The Sheriff in such case is responsible only for the sufficiency of the sureties at the time when bail was given.

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    670.   He or she may free himself or herself by offering an assignment of the bail-bond he or she has taken.

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    This assignment may be effected by simply endorsing his or her name upon the bail-bond.

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    671.   The sureties may at any time arrest the defendant and surrender him or her into the hands of the Sheriff and thus discharge themselves from their bond.

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    672.   The Sheriff, however, is not bound to receive the defendant without a written requisition to that effect, signed by the sureties or by one of them, or by their authorised attorney.

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    The requisition must contain the title of the Court, the names of the parties to the suit, and of the sureties, and must require the Sheriff to take the debtor into his or her custody; and it is the duty of the Sheriff to give the sureties a certificate of such surrender.

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    673.   If the sureties apprehend resistance, then upon an affidavit of one of them, alleging their suretyship, sworn to before the Judge, the Registrar, or a commissioner of the Supreme Court, and upon a requisition to that effect written upon the back of the affidavit, any Sheriff's officer may arrest the debtor with such forcible assistance as may be necessary, and hand him or her over to the Sheriff.

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