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15-21-22
Section 15-21-22 Admission to bail if charged with bailable offense; procedure when sufficient
bail not offered; transmission of bail to clerk of court; forfeiture of bail. (a) Upon a hearing
on a writ of habeas corpus, if it appears that the detained party is charged with a public
offense which is bailable, he must be admitted to bail on offering sufficient bail. (b) If
sufficient bail is not offered, the amount of bail required must be endorsed on the warrant,
and the court to which he is required to appear, and the detained party may be afterwards
discharged by the sheriff of the county on giving sufficient bail in the amount so required.
(c) All undertakings of bail taken by any judge or sheriff under the provisions of this section
must be transmitted by him to the clerk of the court before which the party is bound to appear
by the first day of the next succeeding session and may be forfeited, and the same proceedings
thereon had, as against other bail in criminal cases. (Code...
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36-26-41
Section 36-26-41 Failure of witnesses to appear and testify, etc., at investigations or hearings;
fees of witnesses; requirement of appearance, etc., of witnesses, etc., before board; giving
of false testimony under oath. Any person who shall be served with a subpoena, issued in the
course of an investigation or hearing conducted under any provision of this article, to appear
and testify or to produce books and papers who shall, without good cause, disobey or neglect
to obey any such subpoena shall be guilty of a misdemeanor. The fees of witnesses for attendance
and travel shall be the same as fees of witnesses before the courts of record and shall be
paid from the appropriation for the expenses of the board. Any judge of a court of record,
either in term time or vacation, upon application of a member of the board or the director,
shall compel the attendance of witnesses, the production of books and papers and the giving
of testimony before the board or an agent thereof by attachment...
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6-6-430
Section 6-6-430 Filing of bond; discharge of money or property from garnishment; proceedings
as if bond not executed; judgment; discharge of garnishee. (a) When garnishment has been issued
in aid of a pending action or upon a judgment, the defendant may make and file with the judge
or clerk issuing the garnishment bond in such sum as the judge or clerk may prescribe, not
exceeding twice the amount of the plaintiff's demand, payable to the plaintiff, with sufficient
surety, to be approved by such judge or clerk, conditioned to pay the amount for which the
garnishee may be found indebted or liable to the defendant and the cost of the garnishment.
Thereupon, the money or property in the hands of the garnishee is discharged from the garnishment
and the garnishee relieved of all liability therefor to the plaintiff; but the garnishee must
answer, and, except as is otherwise provided in this article, the case must proceed and be
determined as if such bond had not been executed. (b) If the...
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6-6-78
Section 6-6-78 Order for receipt of sale proceeds by plaintiff pending action upon executing
refunding bond; notice of and hearing on motion therefor; forfeiture of bond; payment to defendant.
(a) When property levied on under an attachment has been sold pending the action, on motion
of the plaintiff, the judge of the court to which the attachment is returnable must, at any
time after 30 days from the levy, make and cause to be entered upon the minutes of the court
an order directing the officer having in his hands the proceeds of sale, after reserving an
amount to be fixed in the order to cover the probable costs and charges in the case, to pay
over to the plaintiff, or his attorney, the balance of such proceeds not exceeding the amount
of the plaintiff's demand, to be stated in the order, upon his giving bond in double the amount
of the money to be paid over, payable to the defendant with sufficient surety to be approved
by such officer and with condition that if he is cast in the...
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15-10-40
Section 15-10-40 Issuance by clerk, district attorney or judge. A writ of arrest must be issued
by the clerk forthwith after the finding of the indictment against each defendant who is not
in actual custody, who has not been bailed, whose undertaking of bail has been declared forfeited
or when an order is made by the judge presiding when the indictment is returned by the grand
jury commanding that writ of arrest issue; or it may be issued without order of court by the
district attorney of the circuit or by any circuit judge. But if the defendant is in actual
custody, he shall be held by virtue of the indictment and no writ of arrest need be issued,
unless it is so ordered by the judge presiding when the indictment is found. (Code 1852, §601;
Code 1867, §4153; Code 1876, §4826; Code 1886, §4396; Code 1896, §5252; Code 1907, §6284;
Code 1923, §3278; Acts 1931, No. 556, p. 652; Code 1940, T. 15, §169.)...
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15-7-2
Section 15-7-2 Examination of complainant and witnesses; taking of depositions. (a) Upon a
complaint being made to a judge or magistrate that an offense has, in the opinion of the complainant,
been committed, the judge or magistrate must examine the complainant and such witnesses as
he may propose on oath, take their depositions in writing and cause them to be subscribed
by the person making them. (b) The depositions must set forth the facts stated by the complainant
and his witnesses tending to establish the commission of the offense and the guilt of the
defendant. (Code 1852, §§429, 430; Code 1867, §3978, 3979; Code 1876, §§4648, 4649; Code
1886, §§4256, 4257; Code 1896, §§5205, 5206; Code 1907, §§7585, 7586; Code 1923, §§5218,
5219; Code 1940, T. 15, §§120, 121.)...
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15-7-3
Section 15-7-3 Warrant of arrest - When issued. If the judge or magistrate is reasonably satisfied
from such deposition that the offense complained of has been committed and that there is reasonable
ground to believe that the defendant is guilty thereof, he must issue a warrant of arrest.
(Code 1852, §431; Code 1867, §3980; Code 1876, §4650; Code 1886, §4258; Code 1896, §5207;
Code 1907, §7587; Code 1923, §5220; Code 1940, T. 15, §122.)...
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12-21-143
Section 12-21-143 Failure of witnesses to testify. (a) Any witness refusing to testify, unless
privileged by law from testifying in the case, must be committed to the jail of the county,
there to remain without bail until he consents to testify. (b) No witness so imprisoned shall
be discharged at the adjournment of the court, or afterwards, until he gives bond and surety
in an amount to be prescribed by the judge of such court, to be approved by the clerk of the
court, payable to the state and conditioned to appear at the next session and give evidence
in the case. (Code 1852, §§2309, 2310; Code 1867, §§2711, 2712; Code 1876, §§3066, 3067;
Code 1886, §§2799, 2800; Code 1896, §§1831, 1832; Code 1907, §§4028, 4029; Code 1923,
§§7742, 7743; Code 1940, T. 7, §§455, 456.)...
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15-11-10
Section 15-11-10 When defendant committed to bail or jail; form of commitment. (a) If upon
a preliminary examination it appears that an offense has been committed and that there is
probable cause to believe that the defendant is guilty thereof, he must be discharged, if
the offense is bailable, upon giving sufficient bail. If sufficient bail is not given or if
the offense is not bailable, he must be committed to jail by an order in writing. (b) The
form of commitment may be in substance as follows: "The State of Alabama, _____ County.
To the jailer of _____ County: On the examination of A. B., charged with the offense of murder
(or other offense, as the case may be, describing it by name, or so that it may be clearly
inferred), it appearing that such offense has been committed and that there is sufficient
cause to believe that A. B. is guilty thereof, you are, therefore, commanded to receive him
into your custody and to detain him until he is legally discharged. Dated this ____ day of...
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6-5-154
Section 6-5-154 Violations constituting contempt; proceedings thereon. (a) In case of the violation
of any injunction or closing order granted under the provisions of this division or of any
restraining order or the commission of any contempt of court in proceedings under this division,
the court or the judge thereof may try and punish the offender. The proceedings shall be commenced
by filing with the register or clerk of the court a complaint under oath setting out and alleging
facts constituting such violation, upon which the court or judge shall cause a warrant to
issue, under which the defendant shall be arrested; he may be released on bond, pending the
hearing, to be fixed by the judge. The trial may be had upon affidavits or either party may
demand the production and oral examination of witnesses. (b) A party found guilty of contempt
under the provisions of this section shall be punished by a fine of not less than $100 nor
more than $200, or by imprisonment in the county jail...
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