Massachusetts General Laws

Mass. Gen. Laws ch. 276, § 70 (2026)

Inability to surrender principal; exoneration of bail

✓ current as of July 2026

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Section 70. If, by the act of God, of the government of the United States, of any state or by sentence of law, bail are unable without their fault to surrender their principal, they shall, upon motion before final judgment on scire facias, be exonerated and discharged by the court, with or without costs as the court deems equitable.

Notes of Decisions

Cited in 4 cases, 1975–2017 · leading case: Commonwealth v. Gomez, 940 N.E.2d 488 (Mass. App. Ct. 2011).

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Commonwealth v. Gomez, 940 N.E.2d 488 (Mass. App. Ct. 2011). · cites it 9× “The defendant argues that under G. L. c. 276, § 70, he should not be held liable for the default.”

Commonwealth v. Bautista, 945 N.E.2d 341 (Mass. 2011). · cites it 6× “We consider here whether, pursuant to G. L. c. 276, § 70, Solomon is entitled to exoneration as surety and to the return of the posted cash bail because “by the act of .”

Commonwealth v. The Stuyvesant Ins. Co., 321 N.E.2d 811 (Mass. 1975). “G. L. c. 276, § 70. Way v. Wright, 5 Met.”

Commonwealth v. Unitt (Mass. App. Ct. 2017). “G. L. c. 276, § 70, concerns a situation wherein "bail are unable without their fault to surrender their principal.”

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