1. A. When a surety desires to be discharged from the obligation of its bail bond, the surety may arrest the accused and deliver him to the sheriff of the county in which the action against the accused is pending.
2. B. The surety shall, at the time of surrendering the accused, deliver to the sheriff a certified copy of the order admitting the accused to bail and a certified copy of the bail bond. Delivery of these documents shall be sufficient authority for the sheriff to receive and retain the accused until he is otherwise bailed or discharged.
3. C. Upon the delivery of the accused as provided in this section, the surety may apply to the court for an order discharging him from liability as surety; and upon satisfactory proof being made that this section has been complied with, the court shall enter an order discharging the surety from liability.
4. D. This section shall not apply to a paid surety as defined by Section 31-3-4 NMSA 1978.

History: 1953 Comp., § 41-3-3, enacted by Laws 1972, ch. 71, § 10.

ANNOTATIONS

Repeals and reenactments. — Laws 1972, ch. 71, § 10, repealed 41-3-3, 1953 Comp., relating to examination of case by magistrate, and enacted a new section.

Obligation terminates upon delivery to sheriff. — By statute, the bail has power to take and deliver the principal at any time to the sheriff and thus be relieved of its obligation. State v. United Bonding Ins. Co., 1970-NMSC-017, 81 N.M. 154, 464 P.2d 884.

Am. Jur. 2d, A.L.R. and C.J.S. references. — 8 Am. Jur. 2d Bail and Recognizance § 80 et seq.

Surrender of principal by sureties on bail bond, 3 A.L.R. 180, 73 A.L.R. 1369.

Right of bail to relief from forfeiture of bond or recognizance in event of subsequent surrender or production of principal, 84 A.L.R. 420.

Dismissal or vacation of indictment as terminating liability or obligation of surety on bail bond, 18 A.L.R.3d 1354.

Bail: duration of surety's liability on pretrial bond, 32 A.L.R.4th 504.

Bail: duration of surety's liability on posttrial bail bond, 32 A.L.R.4th 575.

Bail: effect on liability of bail bond surety of state's delay in obtaining indictment or bringing defendant to trial, 32 A.L.R.4th 600.

Bail: effect on surety's liability under bail bond of principal's subsequent incarceration in same jurisdiction, 35 A.L.R.4th 1192.

8 C.J.S. Bail; Release and Detention Pending Proceedings §§ 136 to 139.