§ 10-454. Deposit in lieu of appearance bond; procedures.
Latest version.
Whenever any person is charged with the violation of any of the laws of the state,
he may, in lieu of an appearance bond, deposit such sum, prescribed by the judges
or court, with the clerk of the court of general sessions of the county, or, in his
absence with the county sheriff or any deputy sheriff on watch, and on the appearance
of such person before the judge of the court of general sessions handling the criminal
docket at the time prescribed by law, such deposit shall be returned to him; on the
failure of such person to appear at the time specified, the amount so deposited shall
be forfeited, either to the state or to the county as the case may be, and he shall
not be entitled to the return of any part thereof, and no scire facias or other process
need be issued to make such forfeiture final; provided, however, that within two days
of the declaration of the forfeiture the judge of the court of general sessions handling
such criminal docket shall have power to set such forfeiture aside, when it shall
be made to appear, that the failure of the accused to appear, and defend his suit,
was due to no fault, or negligence of the accused. After the expiration of two days,
the declaration of forfeiture shall be final, as hereinbefore provided for.