(1) If the application is on the part of the plaintiff and the defendant is under
arrest, a postponement for more than 3 hours discharges the defendant from custody. However, the action may proceed, and the defendant is subject to arrest on execution
in the same manner as if the defendant had not been discharged.
(2) If the application is on the part of a defendant under arrest, before it can be
granted, the defendant shall execute an undertaking, with two or more sufficient sureties
to be approved by and in a sum to be fixed by the justice, to the effect that the
defendant will be amenable to the process of the court during the pendency of the
action and to the process that may be issued to enforce the judgment in the action
or that the sureties will pay to the plaintiff the amount of any judgment that the
plaintiff may recover in the action, not exceeding the amount specified in the undertaking. On filing the undertaking specified in this subsection, the justice may order the
defendant discharged from custody.
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