Substitution of bail by sureties.

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If money or bonds have been deposited, bail by sureties may be substituted for deposit at any time before a breach of the undertaking by filing a new undertaking with the court executed by the defendant and the sureties. The official taking the new bail shall make an order that the money or bonds be refunded to the person depositing them. They must be refunded accordingly, and the original undertakings must be canceled.

HISTORY: Former 1976 Code Section 38-63-250 [1985 Act No. 189, Section 1] recodified as Section 38-53-240 by 1987 Act No. 155, Section 1; 1998 Act No. 425, Section 2.


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