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2018 Georgia Code 17-6-94 | 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

17-6-94. Redesignated.

Editor's notes.

- Ga. L. 2013, p. 584, § 3/HB 146, effective July 1, 2013, redesignated former Code Section 17-6-94 as present Code Section 17-6-92.

PART 2 B ONDS TO KEEP THE PEACE

JUDICIAL DECISIONS

Nature of peace bond proceedings.

- In the strictest sense, proceedings requiring a peace bond are neither criminal nor civil proceedings, although the proceedings are more in the nature of criminal than civil proceedings. Foster v. Withrow, 201 Ga. 260, 39 S.E.2d 466 (1946).

Primary purpose of the peace warrant proceeding is not to award the person seeking the warrant's protection money damages for injuries which the person may receive, but to prevent violence and keep the peace. Foster v. Withrow, 201 Ga. 260, 39 S.E.2d 466 (1946).

Cited in Mulling v. Wilson, 245 Ga. 773, 267 S.E.2d 212 (1980).

OPINIONS OF THE ATTORNEY GENERAL

Return and final disposition of peace warrant.

- While a peace warrant may be issued by a judicial officer authorized to hold a court of inquiry, the warrant is returnable to the superior court, and can be finally disposed of only by the superior court, not by the magistrate. 1970 Op. Att'y Gen. No. U70-121.

Duration of bondsman's liability.

- Bondsman is not relieved of the bondsman's obligations under a peace bond after a breach of the bond's terms, even though the bondsman's returns the accused to the court, and such accused is committed to jail. The bondsman remains liable for any breach of the bond as long as the bond is in effect. 1970 Op. Att'y Gen. No. U70-121.

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