Bail and Recognizances

V.S.A. tit. 12, ch. 125, subch. 1

in effect

12 V.S.A. § 3471 Bail or recognizance as including surety bond

3471. Bail or recognizance as including surety bond The word “bail” or the word “recognizance” wherever used in connection with civil proceedings shall mean a good and sufficient surety bond, if one is furnished. Amended 1967, No. 337 (Adj. Sess.), § 1, eff. July 1, 1968.

12 V.S.A. § 3472 Surety bond in lieu of recognizance

3472. Surety bond in lieu of recognizance Whenever in any civil proceeding, surety by way of recognizance is required, the court or magistrate before whom such proceedings are pending may accept a good and sufficient surety bond in lieu of such recognizance. Amended 1967, No. 337 (Adj. Sess.), § 2, eff. July 1, 1968.

12 V.S.A. § 3473 Insufficiency of recognizance or bail; order for new bail

3473. Insufficiency of recognizance or bail; order for new bail When it appears that the security or recognizance for the prosecution of a pending cause or an appeal or the bail taken by the officer on the writ, is insufficient to secure the party for whose benefit the same was taken, the court, or the clerk in vacation, in his or her discretion, may order sufficient bail to be entered by a certain time, or that judgment be rendered against the party neglecting to comply with such order. Within the time provided, the party so required to furnish bail shall file with the clerk of the court a bond with sufficient surety in the amount required, to be approved by the clerk, or shall with sufficient surety, so approved, enter into a personal recognizance before the clerk in such amount. Such recognizance shall be entered by the clerk upon the docket of the cause.

12 V.S.A. § 3474 Release of bail for misrepresentations, etc

3474. Release of bail for misrepresentations, etc When it is made to appear to the court by a person who is bail for a party in a cause pending therein, that he or she was induced to enter bail by misrepresentations or by promise of indemnity which has not been performed, with the consent of the party for whose security the bail is taken, the court may discharge such bail, and order new bail on reasonable terms.

12 V.S.A. § 3476 Rights of bail—Bailpiece in bastardy proceedings

3476. Rights of bail—Bailpiece in bastardy proceedings When a surety recognizes before a Superior judge, for the appearance before the Superior Court of a person charged with being the father of a bastard child, the officer making the arrest upon the warrant shall deliver to such surety a bailpiece, if required, provided the recognizance is entered into before a Superior judge. If such recognizance is entered into before a judge of the Superior Court, the keeper of the jail in the county in which the principal is confined shall, if required, deliver to such surety a bailpiece. Amended 1965, No. 194, § 10, eff. July 1, 1965, operative Feb. 1, 1967; 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974; 1973, No. 249 (Adj. Sess.), § 22, eff. April 9, 1974.

12 V.S.A. § 3477 Warrant thereon

3477. Warrant thereon Upon presentation of a bailpiece to a Superior judge, such magistrate shall issue to the surety a warrant directed to any sheriff or constable in the State, commanding him to assist such surety in apprehending the principal. Amended 1965, No. 194, § 10, eff. July 1, 1965, operative Feb. 1, 1967; 1973, No. 249 (Adj. Sess.), § 23, eff. April 9, 1974.

12 V.S.A. § 3478 Use of warrant

3478. Use of warrant When he has occasion to arrest the principal, a surety may use such warrant to surrender him in court in discharge of his bail on the original process or upon scire facias or to secure him until a term of the court in which he may be surrendered for that purpose.

12 V.S.A. § 3479 Commitment of principal

3479. Commitment of principal The officer apprehending the principal may commit him to jail in the county in which he was arrested on the original process or in the county in which the process is pending, agreeably to the direction in the warrant. Such commitment shall be considered as a commitment on the original process, if the same is pending.

12 V.S.A. § 3482 Principal delivered in bastardy proceedings

3482. Principal delivered in bastardy proceedings A surety on the recognizance in a bastardy complaint may deliver the principal into court in discharge of his recognizance before the principal is adjudged to be the father of such bastard child and the court has made an order charging him with its support, but not after. Such surety may commit the principal to jail so that he may be delivered into court, before such adjudication and order.

12 V.S.A. § 3483 Commitment of principal

3483. Commitment of principal When the principal is delivered into court under section 3482 of this title, the court shall order him committed to jail, unless he enters into a recognizance before the court, with sufficient sureties, in the sum fixed by the order of the judge, conditioned as provided by law in such cases. Such commitment shall be deemed a commitment on the original warrant. Amended 1973, No. 249 (Adj. Sess.), § 24, eff. April 9, 1974.

12 V.S.A. § 3484 Surety may have warrant

3484. Surety may have warrant A surety in a recognizance taken by a Justice of the Supreme Court, a judge of a Superior Court, or a clerk of the Supreme or Superior Court, may make written application to the authority taking the recognizance for a warrant to apprehend the principal and commit him to jail. The authority taking the recognizance shall thereupon issue such warrant, directed to any sheriff or constable in the State. When the principal is committed to jail on such warrant, the bail shall be discharged. Amended 1965, No. 194, § 10, eff. July 1, 1965, operative Feb. 1, 1967; 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974; 1973, No. 249 (Adj. Sess.), § 25, eff. April 9, 1974.

Source: Vermont General Assembly (legislature.vermont.gov)URL: https://legislature.vermont.gov/statutes/chapter/12/125Fetched: 10/21/2026