The Key West citizen. [volume] (Key West, Fla.) 1879-current, 1939-09-07


Sec. 260. Sentence of Imprison-
ment Until Fine Paid. Whenever a
court shall sentence and adjudge a
person to pay a fine or a fine and
costs of prosecution such court shall
also provide in such sentence a per-
iod of time for which such person
shall be imprisoned in default of the
payment of the same.
Sec. 26Oa. Stay of Execution of
Sentence to Fine-Bond and Proceed
ings. ID Persons convicted of
crimes, who shall have a pecuniary
fine or sum of money assessed or
adjudged against them as punish
ment therefor. shall have the right
on being taken into custody by the
proper officer of the court, or prior
to such arrest, to give bail fer the
payment of such fine and the costs
of prosecution. Such bail shall be
by bond. conditioned for the payment
of the fine and costs. executed by
the defendant and one or more good
and responsible persons to be ap-
proved by the court, if in session at
the time: otherwise by the sheriff
or the officer charged with the exc
cution of the judgment.
90 The bond shall be made pay
able in ninety days from the date
thereof to the Governor of this State
and his successors in office, and If
not paid at the expiration of the
ninety days, the sheriff or other
officer aforesaid shall endorse on the
bond that default has been made
in the payment. and having signed
such endorsement, shall file the bond
with the clerk of the court in which
judgment was rendered. and the clerk
shall forthwith issue execution for
the amount of the fine and costs
against the security. or bail. as If
there had been judgment at law on
such bond and the same proceedings
shall be had as in cases of other
executions. and the person convicted
shall be liable to be proceeded ag-
ainst. as if no such bond had been
given, until the same has been fully
paid and satisfied.
Sec. 261. Sentences When to Be
Concurrent and When Consecutive.
When the defendant has been con-
victed of two or more offences charg-
ed in the same indictment or in
formation or is consolidated indict-
ments or informations, the terms of
Imprisonment shall be served con-
currently unless the court expressly
directs that they or some of them
be served consecutively. Sentences
or Imprisonment for offenses not
charged in the same indictment or
information shall be served consecu-
reefs that they or some of them be
served concurrently.
CHAPTER q. Execution.
Sec. 262 Commitment of Defend
ant-Duty of Sheriff. Upon pro-
nouncement of sentence imposing a
penalty other than a fine only or
death the court shall. unless the exc
cution of the sentence is suspended
or stayed. and. in such case, upon
revocation of the suspension or ter
mination of the stav. forthwith COM
nit the defendant to the custody of
the sheriff together with a certified
copy of the sentence, and the sheriff
shall thereupon. within a reasonable
time. if he is not the proper official
to execute the sentence. transfer the
defendant together with the copy of
the sentence. to the custody of the
official whose duty it is to execute
the sentence. and shall take from
such official a receipt for the defen-
dant and make return thereof to
the court.
Sec. 263 Execution of Sentence
Imposing Fine. If the sentence i'm
poses a fine with or without i'm
prisonment execution may be issued
thereon as on a judgment in a civil
execution.
Sec. 264. Habeas Corpus While
Serving Sentence. I'd When a defen-
dant has been sentenced, and is
actually serving his sentence, and
has not appealed from the judgment
or sentence. but seeks his release
from Imprisonment by habeas corpus
proceedings. and the Writ has been
renn dsoh. of the the, Writ has has
issued. the custody of the prisoner
shall not be disturbed, pending a re-
view by the appellate court.
(2) Pending a review of a dicis-
ion discharging a prisoner on ha-
beas corpus. he shall be discharged
upon bail. with sureties to be ap-
proved as other bail bonds are APP
proved for. his appearance to answer
pellate proceeding.
Sec. 265. Application for Discharge.
When any person sentenced by any
court, Of the State of Florida to pay
fine or fine and costs. whether with
or without Imprisonment, had been
confined in prison sixty days, solely
for the non-payment of such fine
and costs. he NAV make application
in writing to the judge of any circuit
court or criminal court of record in
the county where he is confined, set
ting forth his inability to pay such
fine. or fine and costs. and the judge
of such court shall proceed to hear
and determine the matter. and if,
upon examination. it shall appear
to him that such person is totally
unable to pay such fine or fine and
costs. and that he has not any
properly. exceeding twenty dollars in
value. the Judge of such court shall
administer to him the following oath /:
81 do solemnly swear that / have not
any property, real or personal. to
the amount of twenty dollars. and
that I have no property in any way
conveyed or concealed, or any way
disposed of. for my future use or
benefit. so help me God" And there
upon such person shall be discharg-
ed from further custody. the judge
giving the jailer or keeper of the
jail a certificate setting forth the
facts.
Sec. 266. Forms of Sentence to
State Prison and County Jail. (a)
When punishment of Imprisonment
in the State prison is awarded ag-
aginst any convict. the form of the
sentence shall be that he be i'm
prisoned by confinement at hard la
Dor.
(b) When punishment of imprison-
ment in the County Jail is awarded
against any convict. the court may
ployed at hard labor; and in such
case. he may be employed at such
manual labor as the County Commits
sioners may direct.
Sec. 267. Execution and Sentence
or Death-Who May Suspend. The
execution of a sentence of death shall
not. be suspended or stayed, apart
from the stay incident to an appeal,
except by the governor
Sec. 268. Proceedings When Per-
son Under Sentence of Death APP
pears to be Insane. % If there is
reasonable ground to believe that a
defendant under sentence of death
has become insane since he was SEN
fenced the warden of the State peni-
tertiary shall Immediately notify the