§ 41-2-126 — Contract to bail out prisoner - Surrender of prisoner by bailee - Action against delinquent bailee

(a) Any person, after sentence of punishment by imprisonment of any prisoner has expired, may, by contract with the workhouse commissioners and with the consent of the prisoner, bail out any prisoner, under the following form and conditions: State of Tennessee, County of ____________________. I, ______________, principal, and ______________, sureties, do hereby agree to pay the State of Tennessee, for the use of ____________________ county, the sum of ____________________ dollars, in monthly installments of ____________________ dollars, to be paid on the ____________________ day of each month, until the whole is paid, this being the amount for which ______________ is confined in the ____________________ county workhouse. ______________ agrees to be bailed out of the workhouse by above parties, and agrees to work out or pay the amount above specified as therein stated, at the office of the county mayor. Should ______________ fail to do so, then ______________ is liable to be arrested and delivered to the superintendent of the workhouse, to work out any balance unpaid and the costs of the arrest. In case of default and arrest, the bailee is only liable for the amount falling due prior to the arrest. This ____________________ day of ____________________, 20____________________. (b) (1) The prisoner, while so bailed, shall be in the hands of the bailee, who may, at any time, surrender and turn over the prisoner to the superintendent of the workhouse and shall be discharged from further liability on the contract; provided, that the bailee shall pay into the county treasury, on receivable warrant of the county mayor, the amount falling due by the terms of the contract prior to the surrender of the prisoner. (2) The bailee shall have the power to arrest the prisoner in person or through any sheriff or constable anywhere in the state; and the prisoner, when arrested, shall be delivered to the superintendent of the workhouse and shall be compelled to work out such part of the original fine and costs as have not been worked out or paid by the prisoner under the agreement and the costs of the arrest in addition. (c) If the bailee fails to pay the fine and costs, or costs only, according to the agreement, then the county mayor shall, in the name of the state, for the use of the county, proceed against the bailee and the sureties before any general sessions or circuit court.

Legislative History

Acts 1891, ch. 123, §§ 19, 20; Shan., §§ 7424-7426; Code 1932, §§ 12033-12035; impl. am. Acts 1978, ch. 934, §§ 7, 16, 36; impl. am. Acts 1979, ch. 68, §3; T.C.A. (orig. ed.), §§41-1234 -- 41-1236; Acts 2003 , ch. 90, § 2.