§ 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.

(Code 1992, § 9-289; Priv. Acts 1941, ch. 123, § 13(B))