5; RL § 5107; NCL § 8663] NRS 31.680 Undertaking may be substituted for deposit. If the money be deposited, as provided in NRS 31.660 and 31.670, bail may be given and may justify upon notice at any time before judgment; and on the filing of the undertaking and justification with the clerk the money deposited shall be refunded by such clerk to the defendant. [1911 CPA § 166; RL § 5108; NCL § 8664] NRS 31.690 Disposition of deposit. Where money shall have been deposited, if it remain on deposit at the time of a recovery of a judgment in favor of the plaintiff, the clerk shall, under the direction of the court, apply the same in satisfaction thereof, and after satisfying the judgment shall refund the surplus, if any, to the defendant. If the judgment be in favor of the defendant, the clerk shall, under like direction of the court, refund to him the whole sum deposited and remaining unapplied. [1911 CPA § 167; RL § 5109; NCL § 8665] NRS 31.700 Liability of sheriff for escape or rescue. If, after being arrested, the defendant escape or be rescued, the sheriff shall himself be liable as bail; but he may discharge himself from such liability by the giving and justification of bail at any time before judgment. [1911 CPA § 168; RL § 5110; NCL § 8666] NRS 31.710 Recovery on official bond of sheriff. If a judgment be recovered against the sheriff, upon his liability as bail, and an execution thereon be returned unsatisfied, in whole or in part, the same proceedings may be had on his official bond for the recovery of the whole or any deficiency, as in other cases of delinquency. [1911 CPA § 169; RL § 5111; NCL § 8667] NRS 31.720 Defendant may move to vacate arrest or reduce bail; hearing. A defendant arrested may, at any time before the justification of bail, apply to the judge who made the order, or the court in which the action is pending, upon reasonable notice to the plaintiff, to vacate the order of arrest or to reduce the amount of bail. If the application be made upon affidavits on the part of the defendant, but not otherwise, the plaintiff may oppose the same by affidavits or other proofs in addition to those on which the order of arrest was made. [1911 CPA § 170; RL § 5112; NCL § 8668] NRS 31.730 Vacation of order of arrest and reduction of bail. If, upon such application, it shall satisfactorily appear that there was not sufficient cause for the arrest, the order shall be vacated, or if it satisfactorily appear that the bail was fixed too high, the amount shall be reduced. [1911 CPA § 171; RL § 5113; NCL § 8669] DISCHARGE OF PERSONS IMPRISONED ON CIVIL PROCESS NRS 31.740 Persons confined on execution issued on judgment may be discharged. Every person confined in jail on an execution issued on a judgment rendered in a civil action shall be discharged therefrom upon the conditions hereinafter specified. [1911 CPA § 172; RL § 5114; NCL § 8670] NRS 31.750 Notice of application for discharge. Such person shall cause a notice in writing to be given to the plaintiff, his agent or attorney, that at a certain time and place he will apply to the district judge of the county in which such person may be confined for the purpose of obtaining a discharge from his imprisonment. [1911 CPA § 173; RL § 5115; NCL § 8671] NRS 31.760 Service of notice of application. Such notice shall be served upon the plaintiff, his agent or attorney, 1 day at least before the hearing of the application. If the plaintiff be not a resident of the county, and have no agent or attorney in the county, no such notice need be served. [1911 CPA § 174; RL § 5116; NCL § 8672] NRS 31.770 Hearing on application. At the time and place specified in the notice, such person shall be taken before such judge, who shall examine him under oath concerning his estate and property and effects, and the disposal thereof, and his ability to pay the judgment for which he is committed, and such judge shall also hear any other legal and pertinent evidence that may be produced by the debtor or creditors. [1911 CPA § 175; RL § 5117; NCL § 8673] NRS 31.780 Oath of defendant on discharge. If, upon examination, the judge be satisfied that the prisoner is entitled to his discharge, the judge shall administer to him the following oath: “I,................, do solemnly swear, or affirm, that I have not any estate, real or personal, to the amount of $50, except such as is by law exempted from being taken in execution; and that I have not any other estate now conveyed or concealed, or in any way disposed of with design to secure the same to my use, or to defraud my creditors.” [1911 CPA § 176; RL § 5118; NCL § 8674] NRS 31.790 Order of discharge. After administering the oath, the judge shall issue an order that the prisoner be discharged from custody, if he be imprisoned for no other cause; and the officer, upon service of such order, shall discharge the prisoner forthwith, if he be imprisoned for no other cause. [1911 CPA § 177; RL § 5119; NCL § 8675] NRS 31.800 Renewal of application for discharge. If such judge should not discharge the prisoner, he may apply for his discharge at the end of every succeeding 10 days, in the same manner as above provided, and the same proceeding shall thereupon be had. [1911 CPA § 178; RL § 5120; NCL § 8676] NRS 31.810 Effect of discharge; judgment remains in force. The prisoner, after being so discharged, shall be forever exempt from arrest and imprisonment for the same debt; but the judgment against him shall remain in full force against any estate, present or future, of the prisoner, not exempt from execution. [1911 CPA § 179; RL § 5121; NCL § 8677] NRS 31.820 Plaintiff may order discharge of prisoner; effect of discharge. The plaintiff in the action may, at any time, order the prisoner to be discharged, and he shall not thereafter be liable to imprisonment for the same cause of action. [1911 CPA § 180; RL § 5122; NCL § 8678] NRS 31.830 Creditor to advance money to jailer for support of prisoner. Whenever a person is committed to jail on a judgment recovered in a civil action, the creditor, his agent or attorney shall advance to the jailer immediately upon such commitment sufficient money to pay for the support of the prisoner for at least 2 weeks, at the rate of $2.50 per day, and in case the money should not be so advanced, the jailer shall forthwith discharge such prisoner from custody, and such discharge shall be a bar against imprisonment for the same debt. At the expiration of such 2 weeks, should such creditor refuse to advance a like sum, the prisoner will be discharged as above provided, and with the same effect. [1911 CPA § 181; RL § 5123; NCL § 8679] CLAIM AND DELIVERY NRS 31.840 Delivery may be claimed before answer. Except as provided in NRS 179.1171, the plaintiff in an action to recover the possession of personal property may, at the time of issuing the summons, or at any time before answer, claim the delivery of such property to him as provided in this chapter. [1911 CPA § 182; RL § 5124; NCL § 8680]—(NRS A 1985, 1468; 1987, 1384) NRS 31.850 Requisites of affidavit by plaintiff. Where a delivery is claimed, an affidavit shall be made by the plaintiff, or by someone in his behalf, and filed with the court showing: 1. That the plaintiff is the owner of the property claimed (particularly describing it), or is lawfully entitled to the possession thereof. 2. That the property is wrongfully detained by the defendant. 3. The alleged cause of the detention thereof according to his best knowledge, information and belief. 4. That the same has not been taken for a tax, assessment or fine pursuant to a statute, or seized under an execution or an attachment against the property of the plaintiff, or, if so seized, that it is by statute exempt from such seizure. 5. The actu

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