Section 68. Bail in criminal cases may be exonerated at any time before default upon their recognizance by surrendering their principal into court or to the jailer in the county where the principal is held to appear, or by such voluntary surrender by the principal himself, and in either event, in all cases where bank books, money or bonds are deposited by the surety, the court shall thereupon order the bank books, money or bonds so deposited to be returned to the surety or his order, and to be reassigned to the person entitled thereto. They shall deliver to the jailer their principal, with a certified copy of the recognizance, and he shall be received and detained by the jailer, but may again be bailed in the same manner as if committed for not finding sureties to recognize for him, provided that the surety making the surrender shall not be accepted as bail if the person surrendered shall again be bailed. The jailer shall forthwith notify the clerk or justice of the court where the proceeding is pending of such surrender.
Notes of Decisions
Commonwealth v. Cabral, 819 N.E.2d 951 (Mass. 2005).
· cites it 2× “See G. L. c. 276, § 68 10 (concerning surety’s right to surrender *176 principal before default); G.”
Commonwealth v. Wilkinson, 613 N.E.2d 914 (Mass. 1993).
“Therefore, under that statute a fugitive can be surrendered pursuant to the request of a private bondsman and still be afforded the benefit of the procedural due process requirements set out in the Act. The defendant also argues that the rights applicable to bondsmen under G.”
Commonwealth v. The Stuyvesant Ins. Co., 321 N.E.2d 811 (Mass. 1975).
“See G. L. c. 276, §§ 68, 69. He made this explicit in the hearing on March 4: “If you ever want to, I am trying to get some gentlemen in your-position to take this up to the Supreme Court.”
Commonwealth v. Bautista, 945 N.E.2d 341 (Mass. 2011).
“171, 175-177 (2005) (examining common law to interpret G. L. c. 276, §§ 68 and 69, concerning surety’s right to surrender principal).”
Haggerty v. Iannacci, 10 Mass. L. Rptr. 271 (Mass. Super. Ct. 1999).
· cites it 4× “First of all, G.L.c. 276, §68, a statute that has been in force in the Commonwealth for a considerable time, provides that: Bail in criminal cases may be exonerated at any time before default upon recognizance by surrendering their principal into court or to the jailer of the…”
Commonwealth v. Unitt (Mass. App. Ct. 2017).
“" 7 If, on the other hand, a defendant appears as required, G. L. c. 276, § 68, provides that the bail "shall" be returned to the surety.”
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