15-9-38
Section 15-9-38 Right of arrestee to be informed; application for writ of habeas corpus; penalty
for violation of section. (a) No person arrested upon a warrant of arrest issued under this
division shall be delivered over to the agent whom the executive authority demanding him shall
have appointed to receive him unless he has been informed of the demand made for his surrender,
the crime with which he is charged and that he has the right to demand legal counsel. (b)
If the prisoner, his friends or counsel shall state that he or they desire to test the legality
of the arrest, the prisoner shall be taken forthwith before a judge of a district or circuit
court in this state, who shall fix a reasonable time to be allowed him within which to apply
for a writ of habeas corpus. When such writ is applied for, notice thereof, and of the time
and place of hearing thereon, shall be given to the public prosecuting officer of the county
in which the arrest is made and in which the accused is in...
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15-21-13
Section 15-21-13 Notice to district attorney, prosecutor or arrestor required when criminal
charge; bail without notice. If it appears from the petition for a writ of habeas corpus or
from the documents thereunto annexed that the party is imprisoned and detained on any criminal
charge or accusation, the officer issuing the writ must endorse thereon an order requiring
the applicant, or someone else for him, to give notice to the district attorney of the circuit
or to the prosecutor or principal agent in procuring the arrest of the issue of the writ and
of the time and place at which it is returnable. If such notice is not given when the district
attorney or other person entitled to it is within 50 miles of the place of examination, the
party who is imprisoned must not be discharged. But, if the party is charged with an offense
which is bailable and he waives an examination into the facts, the judge may fix the amount
of bail, without notice to the district attorney or prosecutor, and in...
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15-21-4
Section 15-21-4 Application to be made by petition; contents of petition. Application for a
writ of habeas corpus must be made by petition, signed either by the party himself for whose
benefit it is intended or by some other person on his behalf, must be verified by the oath
of the applicant to the effect that the statements therein contained are true to the best
of his knowledge, information and belief and must state, in substance, the name of the person
on whose behalf the application is made, that he is imprisoned or restrained of his liberty
in the county, the place of such imprisonment, if known, the name of the officer or person
by whom he is so imprisoned and the cause or pretense of such imprisonment; and, if the imprisonment
is by virtue of any warrant, writ or other process, a copy thereof must be annexed to the
petition or the petition must allege that a copy thereof has been demanded and refused or
must show some sufficient excuse for the failure to demand a copy. (Code...
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15-21-18
Section 15-21-18 Person and original detaining warrant, writ, etc., to be produced with return;
exception. At the time of making the return, one must also produce the person on whose behalf
the writ of habeas corpus was sued out, according to the command of the writ, and the original
warrant, writ or other written authority under which he was detained; but, if from sickness
or infirmity the party cannot be produced without danger, that fact must be stated in the
return, verified by oath and, if required, established by other sufficient evidence. (Code
1852, §725; Code 1867, §4276; Code 1876, §4952; Code 1886, §4776; Code 1896, §4829; Code
1907, §7024; Code 1923, §4323; Code 1940, T. 15, §19.)...
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15-21-34
Section 15-21-34 Summoning and compensation of guards to convey prisoner. (a) When the person
on whose behalf a writ of habeas corpus is sued out is charged with a public offense, the
officer or person having charge of him may summon a sufficient guard to aid in conveying him
before the court or judge before whom the writ is returnable and conveying him back again
if he is not discharged. (b) In the case provided for in subsection (a) of this section, the
officer and guards are entitled to the same compensation as for removing any prisoner on a
change of venue, to be paid in the same manner. Such guards are under the control of the officer
summoning them, and any guard who refuses to obey or violates the lawful instructions of such
officer is guilty of a misdemeanor. (Code 1852, §§749, 750; Code 1867, §§4300, 4301; Code
1876, §§4976, 4977; Code 1886, §§4799, 4800; Code 1896, §§4852, 4853; Code 1907, §§7047,
7048; Code 1923, §§4346, 4347; Code 1940, T. 15, §§42, 43.)...
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15-21-17
Section 15-21-17 When return to be made; form and contents of return. (a) After due service
thereof, the person to whom a writ of habeas corpus is directed must make his return on the
day therein specified if practicable; and, if no day is specified therein and the place to
which the return is to be made is not more than 30 miles from the place where the party is
imprisoned or detained, the return must be made within two days after service, but if more
than 30 and less than 100 miles, within five days, and if over 100 miles, within eight days
after service. (b) The return must be signed by the person making it and be verified by his
oath, unless he is a sworn public officer and makes the return in his official capacity, and
it must state, plainly and unequivocally whether or not he has the party in his custody or
power or under his restraint and, if so, by what authority and the cause thereof, setting
out the same fully, together with a copy of the writ, warrant or other written...
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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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15-21-27
Section 15-21-27 Penalty - Unlawful detention or arrest after discharge order; civil action
for damages. Any officer or other person who has the custody of a party produced on habeas
corpus and who detains him after an order of the court or judge for his discharge or enlargement
or afterwards arrests him without a legal and proper cause, warrant or other process shall
be fined, on conviction thereof, not less than $50.00 nor more than $500.00, and is also responsible
in a civil action for any damages the party may have sustained. (Code 1852, §738; Code 1867,
§4289; Code 1876, §4965; Code 1886, §4788; Code 1896, §4841; Code 1907, §7036; Code 1923,
§4335; Code 1940, T. 15, §31.)...
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15-9-39
Section 15-9-39 Confinement of prisoner. The officer or person executing a Governor's warrant
of arrest under this division or the agent of the demanding state to whom the prisoner may
have been delivered may confine the prisoner in the jail of any county or city through which
he may pass when necessary. The keeper of such jail must receive and safely keep the prisoner
until the person having charge of him is ready to proceed on his route, such person being
chargeable with the expense of keeping. (Acts 1931, No. 482, p. 559; Code 1940, T. 15, §59.)...

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12-19-191
Section 12-19-191 Constables. (a) Constables shall be entitled to the following fees in criminal
cases: (1) For executing a search warrant by day ..... $1.00 (2) For executing a search warrant
by night ..... 2.00 (3) For executing any other warrant or writ of arrest ..... 1.50 (4) For
serving each subpoena or notice issued by a court of the Unified Judicial System ..... .50
(5) For carrying a person before a magistrate under a warrant of arrest or to jail when committed
thereto, for himself and each necessary guard, to be proved by his own oath, for each mile
..... .10 (6) For carrying a prisoner to the jail of another county, when there is no sufficient
jail in the proper county, the same fees that were allowed to the sheriff for similar services
on December 18, 1973, to be paid in the same manner. (7) For taking and approving each bond
of undertaking ..... .50 (b) In all criminal prosecutions, the fees specified in subsection
(a) of this section for the services rendered in the case...
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