§15-6-61. Forfeiture; remittance of amount specified.


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  • (a) An undertaking to keep the peace is forfeited by the commission by the defendant of any offense upon the person or property of another, which may be ascertained by a jury, without the conviction of the defendant therefor, in the circuit court on 10 days' notice to the parties against whom the forfeiture is sought.

    (b) On a forfeiture of an undertaking to keep the peace, the court may remit any portion of the amount specified therein, according to the circumstances of the case.

(Code 1852, §§426, 427; Code 1867, §§3976, 3979; Code 1876, §§4045, 4046; Code 1886, §§4699, 4700; Code 1896, §§5180, 5181; Code 1907, §§7539, 7540; Code 1923, §§5157, 5158; Code 1940, T. 15, §§420, 421.)