§ 15-13-80 — Failure of Defendant to Appear; Forfeiture of Money Deposited in Lieu of Bail

(a) The essence of all undertakings of bail, whether upon a warrant, writ of arrest, suspension of judgment, appeal or in any other case, is the appearance of the defendant at court; and the undertaking is forfeited by the failure of the defendant to appear, although the offense, judgment or other matter is incorrectly described in such undertaking, the particular case or matter to which the undertaking is applicable being made to appear to the court.
(b) If, by reason of the neglect of the defendant to appear, money deposited instead of bail is forfeited and the forfeiture is not discharged or remitted, the clerk with whom it is deposited must, at the end of 30 days, unless the court has before that time discharged the forfeiture, pay over the money deposited to such officer, official or employee authorized by law to receive fines levied by such court. Thereupon the court shall, without any notice to the defendant, enter judgment absolute for the entire sum deposited, and thereupon such money shall become public money of the State General Fund.

Legislative History

(Code 1852, §694; Code 1867, §4245; Code 1876, §4853; Code 1886, §4431; Code 1896, §4374; Code 1907, §6354; Code 1923, §3387; Code 1940, T. 15, §212; Acts 1949, No. 199, p. 230; Acts 1978, No. 821, p. 1207, §7.)