43-2-513
Section 43-2-513 Contest of account - Examination of witnesses. The depositions of witnesses
may be taken on interrogatories and read in evidence, or witnesses examined orally, by any
party to the settlement, in the same cases, for the same causes and under the same rules as
depositions are taken and read, or as witnesses are examined in civil actions. (Code 1852,
§1812; Code 1867, §2147; Code 1876, §2519; Code 1886, §2144; Code 1896, §212; Code 1907,
§2680; Code 1923, §5913; Code 1940, T. 61, §309.)...
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15-10-6
Section 15-10-6 Offense committed in presence of judge or magistrate. When a public offense
is committed in the presence of a judge or magistrate, he may, by verbal or written order,
command any person to arrest the offender and, when the offender has been arrested, may thereupon
proceed as if such offender had been brought before him on a warrant of arrest. (Code 1852,
§448; Code 1867, §3997; Code 1876, §4667; Code 1886, §4265; Code 1896, §5214; Code 1907,
§6272; Code 1923, §3266; Code 1940, T. 15, §157.)...
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12-13-50
Section 12-13-50 Examination of records of probate judge. The records of the office must be
free for the examination of all persons when not in use by the judge, whether such persons
are interested in such records or not. (Code 1867, §741; Code 1876, §698; Code 1886, §791;
Code 1896, §3367; Code 1907, §5425; Code 1923, §9586; Code1940, T. 13, §292.)...
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15-10-12
Section 15-10-12 When defendant to be taken before judge or magistrate issuing warrant. When
the warrant of arrest is executed in any county other than the one in which it is issued and
is for a felony, or when for a misdemeanor and the defendant is not bailed according to the
provisions of Sections 15-7-20 and 15-7-21, he must be brought before the judge or magistrate
issuing the warrant or, if such judge or magistrate is unable to attend or his office is vacant,
before some other judge or magistrate of the county in which such warrant is issued, and the
warrant, with a proper return thereof, must be delivered to such judge or magistrate. (Code
1852, §444; Code 1867, §3993; Code 1876, §4663; Code 1886, §4274; Code 1896, §5223; Code
1907, §6282; Code 1923, §3276; Code 1940, T. 15, §167.)...
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15-5-15
Section 15-5-15 Hearing on controverted grounds; authentication of testimony as to such facts.
If the grounds on which a search warrant was issued be controverted, the judge or the magistrate
must proceed to hear the testimony, which must be reduced to writing and authenticated in
the manner prescribed in Section 15-5-4. (Code 1852, §840; Code 1867, §4391; Code 1876,
§4020; Code 1886, §4741; Code 1896, §5498; Code 1907, §7771; Code 1923, §5485; Code 1940,
T. 15, §114.)...
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43-8-168
Section 43-8-168 Depositions of witnesses. When the subscribing witnesses, or any of them,
reside out of the state, or are physically unable or in any case in which depositions are
authorized to be taken in circuit court, the judge of probate may issue a commission to take
the testimony of such witnesses in proof of such will. (Code 1852, §1626; Code 1867, §1945;
Code 1876, §2309; Code 1886, §1981; Code 1896, §4278; Code 1907, §6187; Code 1923, §10615;
Code 1940, T. 61, §41; Code 1975, §43-1-45.)...
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12-16-200
Section 12-16-200 Evidence which may be received by grand jury; examination, etc., of witnesses.
In the investigation of a charge for any indictable offense, the grand jury can receive no
other evidence than is given by witnesses before them or furnished by legal documentary evidence,
and any witness may be examined and compelled to testify as to any offense within his knowledge
without being specially interrogated as to any particular person, time or place. (Code 1852,
§553; Code 1867, §4103; Code 1876, §4776; Code 1886, §4350; Code 1896, §5036; Code 1907,
§7297; Code 1923, §8679; Code 1940, T. 30, §86.)...
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12-21-165
Section 12-21-165 Incompetent witnesses. (a) Persons who have not the use of reason, such as
idiots, lunatics during lunacy and children who do not understand the nature of an oath, are
incompetent witnesses. (b) The court must, by examination, decide upon the capacity of one
alleged to be incompetent from idiocy, lunacy, insanity, drunkenness or infancy. (Code 1907,
§§4013, 4014; Code 1923, §§7727, 7728; Code 1940, T. 7, §§439, 440.)...
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15-5-12
Section 15-5-12 Warrant to be executed and returned within 10 days. A search warrant must be
executed and returned to the judge or the magistrate by whom it was issued within 10 days
after its date; if not executed after such time, it is void. (Code 1852, §837; Code 1867,
§4388; Code 1876, §4017; Code 1886, §4738; Code 1896, §5495; Code 1907, §7768; Code 1923,
§5482; Code 1940, T. 15, §111.)...
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43-2-45
Section 43-2-45 Letters not granted until five days after intestate's death; examination of
applicants and witnesses. No letters of administration must be granted until the expiration
of five days after the death of the intestate is known; and the court may, in all cases, examine
the persons applying therefor, on oath, touching the time and place of the death of the intestate
and as to whether or not he left any will and other matters necessary to give the court jurisdiction;
and may also examine any other witnesses as to the same facts and may compel their attendance
for that purpose by subpoena and attachment. (Code 1852, §1675; Code 1867, §1993; Code 1876,
§2357; Code 1886, §2019; Code 1896, §61; Code 1907, §2525; Code 1923, §5747; Code 1940,
T. 61, §86.)...
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