Surrender of accused by surety to court; discharge of surety; new recognizance; conditions.

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29-905. Surrender of accused by surety to court; discharge of surety; new recognizance; conditions.

When any person, who is surety in a recognizance for the appearance of any defendant before any court in this state, desires to surrender the defendant, he shall, by delivering the defendant in open court, be discharged from any further responsibility on such recognizance; and the defendant shall be committed by the court to the jail of the county, unless he shall give a new recognizance, with good and sufficient sureties in such amount as the court may determine, conditioned as the original recognizance.

Source

  • G.S.1873, c. 58, § 350, p. 803;
  • R.S.1913, § 9007;
  • C.S.1922, § 10031;
  • C.S.1929, § 29-905;
  • R.S.1943, § 29-905.

Annotations

  • Section applies to giving bond for personal appearance of defendant prior to the trial and not after. State v. Swedland, 114 Neb. 280, 207 N.W. 29 (1926).

  • Rearrest discharges liability of sureties on recognizance. Smith v. State, 12 Neb. 309, 11 N.W. 317 (1882).


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