765.1 Judges and district court magistrate empowered to let accused person to bail; recognizance for appearance of accused person. Sec. 1. (1) A judge of the circuit court, of the recorder’s court of the city of Detroit, of the traffic and ordinance division of the recorder’s court of the city of Detroit, of the district […]
765.10, 765.11 Repealed. 1980, Act 506, Imd. Eff. Jan. 22, 1981. Compiler’s Notes: The repealed sections pertained to recognizance for offenses against municipal bylaws and ordinances, and to cash in lieu of bond.
765.12 Deposit of cash; certified check or certain securities in lieu of bond or bail; right. Sec. 12. In any criminal cause or proceeding where bond or bail of any character is required or permitted for any purpose, the party or parties required or permitted to furnish such bail or bond may deposit, in lieu […]
765.12a Money collected in addition to bail or bond money; disposition; purpose. Sec. 12a. (1) A law enforcement agency that obtains bail or bond money from or on behalf of a person arrested pursuant to a warrant issued by a court may collect, in addition to the bail or bond money, an amount not more […]
765.13 Depository; receipt. Sec. 13. Such cash, check or security shall be deposited with the clerk of the court, if under bond, or with the treasurer of the county, city, village or township within which the bail or bond is to be furnished or, in any case, with the state treasurer. Such treasurer or clerk […]
765.14 Deposit of cash; filing duplicate receipts in court, effect. Sec. 14. The filing of 1 of such duplicate receipts in the court in which such bond or bail is required or permitted to be filed shall have the same effect as the furnishing of such bond or bail and shall be taken and given […]
765.15 Bail; cash, check, or security; disposition upon forfeiture or discharge of bond or bail. Sec. 15. (1) If bond or bail is forfeited, the court shall enter an order upon its records directing the disposition of the cash, check, or security within 45 days of the order. The treasurer or clerk, upon presentation of […]
765.16 Subjection to legal process; assignment. Sec. 16. Cash, checks or securities deposited hereunder shall not be subject to garnishment or attachment. No assignment thereof shall be valid unless it be in writing, signed by the depositor, before 2 witnesses, acknowledged before an officer having authority to take the acknowledgment of deeds, and specifically stating […]
765.17 Deposit in special fund; interest. Sec. 17. Any cash or securities received by any treasurer or clerk under the provisions of this chapter shall be deposited in a special fund, or place of deposit subject to the order of the proper court. Any interest accumulating upon such fund shall be paid into the general […]
765.18 Deposit of cash; redemption before forfeiture by substitution of bond. Sec. 18. Any person, firm or corporation availing himself or itself of the provisions of this chapter may, at any time before forfeiture of the same, redeem any cash or securities so deposited by substituting the bond originally required or permitted. History: 1927, Act […]
765.19 Repealed. 1980, Act 506, Imd. Eff. Jan. 22, 1981. Compiler’s Notes: The repealed section pertained to construction of act.
765.2 Repealed. 1980, Act 506, Imd. Eff. Jan. 22, 1981. Compiler’s Notes: The repealed section pertained to admission to bail.
765.20 Administering oath to proposed surety to ascertain financial condition; requiring surety upon criminal recognizance to pledge real estate; value of surety’s interest in real estate; executing recognizance and affidavit of justification; form; deposition of surety. Sec. 20. (1) A judge listed in section 1(1) of this chapter or a district court magistrate may administer […]
765.21 Surety on recognizance; attachment of lien; record notice of lien, form, effect. Sec. 21. Upon the execution of any recognizance in the usual form and an affidavit of justification containing a description of real estate there shall immediately attach to the said real estate, described in said affidavit of justification, a lien in favor […]
765.22 Surety on recognizance; discharge; notice, form. Sec. 22. Whenever by the order of such court a recognizance in the above form shall have been cancelled, discharged or set aside, or the cause in which said recognizance is given shall have been dismissed, the clerk of such court shall forthwith record with the register of […]
765.23 Surety on recognizance; register of deeds; duty as to notices of lien and discharges; fees. Sec. 23. The register of deeds of the county in which such court is located shall properly keep and record all such notices of lien and notices of discharge as hereinbefore provided as may be recorded with him, and […]
765.24 Effect of chapter on certain recognizances; order releasing lien. Sec. 24. Nothing in this chapter shall be construed as limiting or qualifying in any way the power of any such courts or any of the judges thereof to release any accused person upon his personal recognizance, or upon a recognizance executed by a surety […]
765.25 Perjury in affidavit of justification; penalty. Sec. 25. Any surety who shall swear falsely to any of the material facts set up in his affidavit of justification shall be deemed guilty of perjury and upon conviction thereof, shall be punished in accordance with the law in such case made and provided. History: 1927, Act […]
765.26 Release of surety; arrest or detention of accused; mittimus. Sec. 26. (1) In all criminal cases where a person has entered into any recognizance for the personal appearance of another and such bail and surety afterwards desires to be relieved from responsibility, he or she may, with or without assistance, arrest or detain the […]
765.27 Action on recognizance; technicality as bar. Sec. 27. No action brought upon any recognizance entered into in any criminal prosecution, either to appear and answer, or to testify in any court, shall be barred or defeated nor shall judgment thereon be arrested, by reason of any neglect or omission to note or record the […]
