22.130 - Proceedings when defendant does not appear; measure of damages in action on undertaking. - Nevada Statutes

22.130  Proceedings when defendant does not appear; measure of damages in action on undertaking.  When the warrant of arrest has been returned served, if the person arrested does not appear on the return day, the court or judge may issue another warrant of arrest, or may order the undertaking to be prosecuted, or both. If the undertaking be prosecuted, the measure of damages in the action shall be the extent of the loss or injury sustained by the aggrieved party by reason of the misconduct for which the warrant was issued, and the costs of the proceeding.

      [1911 CPA § 464; RL § 5406; NCL § 8953]

      NRS 22.140  Excuses for not bringing arrested person before court; persons not to be unnecessarily restrained.  Whenever, by the provisions of this chapter, an officer is required to keep a person arrested on a warrant of attachment in custody, and to bring the person before a court or judge, the inability, from illness or otherwise, of the person to attend shall be a sufficient excuse for not bringing the person up; and the officer shall not confine a person arrested upon the warrant in a prison, or otherwise restrain him or her of personal liberty, except so far as may be necessary to secure his or her personal attendance.

      [1911 CPA § 465; RL § 5407; NCL § 8954]