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2018 Georgia Code 17-6-114 | Car Wreck Lawyer

TITLE 17 CRIMINAL PROCEDURE

Section 6. Bonds and Recognizances, 17-6-1 through 17-6-114.

ARTICLE 4 BONDS FOR GOOD BEHAVIOR AND TO KEEP THE PEACE

17-6-114. 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.

(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.)

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 superior 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.

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