O.C.G.A. § 17-6-114 (2019)
Discharge or extension of bond by court
The superior or state court, as the case may be, may discharge the bond at any time unless a motion is made to extend it, accompanied by evidence to satisfy the court of the necessity of the extension.
History
Orig. Code 1863, § 4633; Code 1868, § 4657; Code 1873, § 4755; Code 1882, § 4755; Penal Code 1895,
§ 1241; Penal Code 1910, § 1323; Code 1933, § 76-204.
Annotations
JUDICIAL DECISIONS Action on peace bond generally. - Plaintiff ’s cause of action on a peace bond was predicated upon the breach of the bond’s condition, and if the bond was in force and effect at the time of the breach, an action will lie until barred by the statute of limitations, even though no extension of the bond was made by the
superior court pursuant to this section, after the breach of the bond and before the action was instituted. Jones v. Talmadge, 72 Ga. App. 50, 32 S.E.2d 926 (1945). When return to be made. - It is essential to the validity of a peace bond or good behavior bond that the proceedings be returned to the next term of the supe-
rior court after the bond is given and failure to make the return on time vitiates the obligation. Dukes v. Dukes, 119 Ga. App. 842, 168 S.E.2d 902 (1969). Review of motion to discharge peace officer. - Denial of a motion to
discharge a peace bond is reviewable by the appellate courts of this state. Mulling v. Wilson, 245 Ga. 773, 267 S.E.2d 212 (1980). Cited in Hall v. Browning, 71 Ga. App. 835, 32 S.E.2d 424 (1944).
OPINIONS OF THE ATTORNEY GENERAL Duties of superior court. - Superior court must take hold of and finally dispose of all peace warrant cases, and determine upon whom the costs of the warrant shall fall. 1958-59 Op. Att’y Gen. p. 56. Hearing on motion to extend or discharge bond. - After a good behavior or peace bond has been properly returned to the court, the court should grant a hearing
on a motion to discharge or extend the bond. 1978 Op. Att’y Gen. No. U78-50. When costs collected. - It is not lawful to collect any costs in a peace warrant case until after the warrant shall have been returned to and passed upon by the superior court. 1958-59 Op. Att’y Gen. p. 56.
CHAPTER 7 PRETRIAL PROCEEDINGS Sec.
Article 1 General Provisions Sec.
Jailing of prisoners where no jail in county or when deemed necessary by sheriff; fees and costs; authority to levy and collect tax. When sheriff not required to receive prisoner from another county. List of children in detention pending trial provided to chief judge and prosecuting attorney. Article 2
Commitment Hearings
Persons who may hold courts of inquiry; procedure where offense committed in county which is member of regional jail authority. Holding of court of inquiry by several judicial officers; procedure for deciding questions. Powers of presiding officer in court of a municipal corporation to bind over or commit criminal offenders to jail. Duties of court of inquiry; preclusion of certain courts from trying charges involving Code Section 16-11-126. Time granted parties to prepare case and to secure counsel; granting of bail where hearing delayed. Power of court to compel attendance of witnesses. Authority to require bonds to secure appearance of witnesses. Sheriffs and constables to accept bond for appearance of witnesses; approval of sureties by sheriff. Hearing of evidence by court
of inquiry; right of accused to testify; application of rules of evidence; effect of failure of accused to testify. Commitment of defendant for different offense than stated in warrant. Form of commitment. Endorsement of names of state’s witnesses on warrant. Disposition of commitment form, warrant, and other papers; delivery of accused to person in charge of jail. Billing and payment of costs of justice of the peace and constable [Repealed]. Effect of informality in commitment or prior proceedings. Article 3 Indictments
Right to grand jury hearing within 90 days where bail refused; right to have bail set absent hearing within 90 day period.