Exoneration by Surrender of Defendant

  1. Law
  2. Tennessee Code
  3. Criminal Procedure
  4. Bail
  5. Forfeiture of Bail
  6. Exoneration by Surrender of Defendant

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  1. After the liability of the bail bondsman or surety has become fixed by forfeiture, and before payment, the bail bondsman or surety may be exonerated from the liability by the surrender of the defendant and the payment of all costs; but may be exonerated from costs also if, in the opinion of the court, the bail bondsman or surety has been in no fault.
  2. It is left to the sound discretion of the court whether the bail bondsman or surety shall be relieved from the liability of bail to any and to what extent.

Code 1858, §§ 5180, 5181 (deriv. Acts 1811, ch. 2); Shan., §§ 7144, 7145; Code 1932, §§ 11693, 11694; T.C.A. (orig. ed.), § 40-1303.

Textbooks. Tennessee Jurisprudence, 4 Tenn. Juris., Bail and Recognizance, §§ 10, 11, 15.


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