12-17-110
Section 12-17-110 Office of register not to be filled when vacancy occurs; reappointment of
registers holding office on October 10, 1975; removal of registers. (a) Vacancies. - When
the position of register in any circuit court becomes vacant upon the death, resignation,
retirement or inability of the incumbent to satisfy the conditions for reappointment specified
in subsection (b) of this section, the vacancy shall not be filled, and the responsibilities
and authority of the register shall become the responsibilities and authority of the clerk
of the circuit court for the county where the register served. (b) Reappointment. - A register
who: (1) Holds office on October 10, 1975, and (2) Is not eligible to retire and receive retirement
compensation by reason of age and years of service or by provision of any retirement program
in effect on January 17, 1977, may be reappointed for terms of six years, but no register
shall be reappointed after completion of any term during which he...
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12-22-90
Section 12-22-90 Appeals in habeas corpus. (a) Any party aggrieved by the judgment on the trial
of a habeas corpus may appeal to the appropriate appellate court. (b) The district attorney
or other prosecuting officer or attorney may take an appeal on behalf of the state to the
appropriate appellate court when, on habeas corpus, any person held in custody under a charge
or conviction for crime or for extradition as a fugitive from justice from any other state
is discharged from custody or when any person held in custody under an indictment by the grand
jury charging him with a capital offense is admitted to bail. In all such cases the judgment
must be stayed pending the appeal. (c) Pending the appeal, the person restrained shall be
admitted to bail, with sufficient sureties, conditioned that he will appear before such court
or officer as may be prescribed by the judge and abide the judgment entered, provided such
person is charged with an offense that is bailable under the laws of this...
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15-6-22
Section 15-6-22 Hearing; discharge of defendant; continuation of hearing. When a person complained
of is brought before the circuit, district or municipal court judge, he and his witnesses
must be heard in his defense; and, if on hearing the witnesses on both sides it appears that
there is no just reason to fear the commission of the offense, the defendant must be discharged.
If the hearing is continued, the judge shall require the defendant to give bail for his appearance,
and, failing to furnish the bail, the defendant must be committed to jail. (Code 1852, §412;
Code 1867, §3961; Code 1876, §4030; Code 1886, §4684; Code 1896, §5165; Code 1907, §7525;
Code 1923, §5143; Code 1940, T. 15, §406.)...
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22-52-7
Section 22-52-7 Restrictions on imposition of limitations upon liberty of person sought to
be committed pending hearings; ordering, etc., of examinations of person sought to be committed;
supervision of temporary treatment. (a) When a petition has been filed seeking to have limitations
placed upon the liberty of a respondent pending the outcome of a final hearing on the merits,
the probate judge shall order the sheriff of the county in which the respondent is located
to serve a copy of the petition upon the respondent and to bring the respondent before the
probate judge instanter. When any respondent against whom a petition has been filed seeking
to have limitations placed upon the respondent's liberty pending the outcome of a full and
final hearing on the merits is initially brought before the probate judge, the probate judge
shall determine from an interview with the respondent and with other available persons what
limitations, if any, shall be imposed upon the respondent's liberty...
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28-4-55
Section 28-4-55 Allowance, etc., of operation, etc., of still, etc., upon premises by another.
It shall be unlawful for any person, firm or corporation to permit or allow anyone to have,
possess, operate or locate on his premises any apparatus, plant or structure for the distilling
or manufacturing of prohibited liquors or beverages or any of them. When such apparatus, plant
or structure is found upon said premises, the fact shall be prima facie evidence that the
tenant or owner in actual possession of the premises has knowledge of the existence of the
same and of the purpose for which the same were to be used. Upon conviction of permitting
or allowing the same to be upon his premises, such tenant or owner shall be punished by a
fine of not less than $50.00 nor more than $500.00 and may also be imprisoned in the county
jail or sentenced to hard labor for the county for not more than six months for the first
conviction, at the discretion of the court. On the second and every subsequent...
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28-4-70
Section 28-4-70 Prohibited. It shall be unlawful for any person, firm, association or corporation,
directly or indirectly, to keep or maintain or in any manner to aid or abet in keeping or
maintaining any of the places declared by this chapter to be unlawful drinking places. The
act of keeping or maintaining any such room or place shall be deemed a separate offense for
each day that it continues. Any violation of this section, whether a first or subsequent offense,
shall be punished by a fine of not less than $50.00 nor more than $500.00, to which, at the
discretion of the judge or court trying the case, may be added imprisonment in the county
jail or imprisoned at hard labor for the county for not more than six months. (Acts 1915,
No. 1, p. 1; Code 1923, §4662; Code 1940, T. 29, §137.)...
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15-21-21
Section 15-21-21 When party to be discharged or remanded. Upon a hearing on a writ of habeas
corpus, if no legal cause for the imprisonment or restraint of a party is shown, he must be
discharged; but, if it appears that he is held or detained in custody by virtue of process
issued by a court or judge of the United States in a case of which such court or judge has
exclusive jurisdiction or by virtue of any legal engagement or enlistment in the army or navy
of the United States or, being subject to the rules and articles of war is confined by anyone
legally acting by authority thereof, or is in custody for any public offense committed in
any other state or territory for which, by the Constitution and laws of the United States,
he should be delivered up to the authority of such state or territory or that he is otherwise
legally detained, he must be remanded. (Code 1852, §730; Code 1867, §4281; Code 1876, §4957;
Code 1886, §4781; Code 1896, §4834; Code 1907, §7029; Code 1923,...
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30-4-63
Section 30-4-63 Proceedings upon violation of terms of support order or probation bond. If
at any time the judge of the juvenile court is satisfied, by sufficient proof upon due notice
and hearing, that the defendant has violated the terms of any such order of support or the
terms of any such probation bond, said judge may forthwith, or after further probation, make
and enter an order setting aside such suspension of said judgment and sentence, and may issue
a warrant for the arrest of such defendant, and may, upon such arrest, commit him to jail
or to the sheriff of such county, to serve such sentence, as if same had never been suspended.
Said judge, in such contingency, shall have the right and authority, whether said defendant
is allowed further probation or not, to declare said bond or recognizance forfeited, and the
sum or sums recovered thereon shall be paid to the clerk of the juvenile court for the use
of defendant's wife or children, or both, in the same manner as other money...
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36-14-11
Section 36-14-11 Acts and resolutions of Legislature - Distribution to departments, officers,
courts, etc.; electronic storage and distribution. (a) The Secretary of State shall retain
for the use of the executive offices and the two houses of the Legislature the number of copies
of all volumes of the acts and resolutions of each session necessary to provide for distribution
pursuant to law. The Secretary of State shall transmit to the Department of State of the United
States two copies of each volume, and distribute to the Governor, Treasurer, Auditor, Superintendent
of Education, Commissioner of Agriculture and Industries, State Health Officer, Adjutant General,
the Department of Corrections, President and each Associate Commissioner of the Public Service
Commission, Commissioner of Conservation and Natural Resources, Department of Revenue, Clerk
of the Supreme Court, Secretary of the Senate, and Clerk of the House of Representatives two
copies of each volume, to the Attorney General...
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36-19-21
Section 36-19-21 Imprisonment of witness for contempt upon complaint of Fire Marshal, etc.
The Fire Marshal or deputy fire marshal may make formal complaint of the act of such witness
to the judge of any court of record of the county in which the investigation is being held;
and, if it shall then appear that the witness is guilty of a violation of Section 36-19-20,
he shall, unless good cause is shown to the contrary, be imprisoned in the county jail until
he purges himself of contempt. (Acts 1919, No. 701, p. 1013, §9; Code 1923, §4052; Code
1940, T. 55, §49.)...
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