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

toned. may be ordered to do so by
the court having jurisdiction, and in
case he disobeys such orders, may be
held for contempt.
Sec. 43. When Prosecutor Liable
for Costs. (a) If any person shall
make complaint before a justice of
the peace that a crime or INSIDE
meanor has been committed, and if
such person be recognized by the
justice to appear at the next term
of the proper court to give his evl-
dence as to such crime or miSdemea-
nor. on his failure to appear to give
the Justice for all the costs occaS-
toned by his complaint, and the JUS
tice may obtain a judgment and exc
cution for the same as in other cases.
(b) No person who voluntarily ap-
pears before any grand jury, or be-
fore any prosecuting attorney of any
criminal court of record, or any JUS
tice of the peace, or any county
judge. shall be paid a per diem or
mileage as a witness unless the grand
jury finds a true bill or the prose-
cutting attorney files information. or
the justice of the peace or county
judge holds the party charged for
trial. in the case or cases about
which said witness appeared to tes-
tlfy, or caused himself or herself to
be summoned to testify.
Co No person who voluntarily APP
pears or has himself or herself sum-
moned before a justice of the peace
or county Judge, upon the trial of any
misdemeanor before such justice or
county Judge shall be paid per diem
or mileage as a witness unless the
trial results in conviction of the
defendant.
Cd No Sheriff. Deputy Sheriff, Con-
stable, Deputy Constable, Highway
or paid by the state or any county
thereof as law enforcement officer.
shall be entitled to witness fees or
mileage when summoned to testify
in any court sitting in the county
in which he holds Office. is employ
ed. or has his residence.
CHAPTER 8. BAIL.
Sec. "A. Offenses Less Than Cap
ital-Before Conviction. All per-
sons in custody for the commission
of an offense not capital shall, be-
fore conviction. be entitled as of
right to be admitted to bail.
Sec. 45. Application for Bail De-
MED. If application for bail is made
to an authorized court and denied.
admit applicant to bail. unless such
court of inferior jurisdiction is the
court having jurisdiction to try the
defendant
Sec. As. Bail-Allowance BY Trial
Court. After person is held to an
swer, by a magistrate, the Court hav-
ing jurisdiction to try the defendant
shall. before indictment or informa-
ton filed. have jurisdiction to hear
and decide all preliminary motions
as to bail, production or impounding
of all articles. writings. monies or
other exhibits expected to be used at
the trial by either the State or the
defendant.
Sec. AZ. Bail-Subsequent Appli-
cation. Cd The court to whom an
application for admission to bail is
made shall in all cases, require writ
ten notice thereof to be given to the
prosecuting attorney having juris-
diction. at least one hour before the
hearing. unless notice is waived in
writing by such prosecuting attorney.
% When committing magistrate,
not possessing trial jurisdiction or
derS a defendant held to answer
before court having jurisdiction to
try defendant. and bail has been de-
MED. or is alleged to be excessive
application by motion may be made
to the court having jurisdiction to
try the defendant. or in the absence
of the Judge of said trial court. in
counties having a criminal court
of record. court of crimes, or both,
or either. application may be made
to the judge of the Circuit Court of
the County where the crime was
committed.
CD In the event any trial court
fixes bail. before trial, the defend
ant may institute habeas corpus pro-
ceedings seeking reduction of bail.
(4 If application is made to the
Supreme Court notice shall be given
TO the Attorney General. :,
Sec. 48. Qualification of Sureties.
Each surety for the release of a
person on bail. other than a surety
company duly authorized by law to
act as such surety, shall be a resi-
dent or owner of real estate within
the State.
:. Sec. 40. Validity of Undertaking
by Minor or Married Woman. Minors
and married women shall be CAP
able of binding themselves by an
undertaking for the purpose of secur-
ing their release on bail in like man.
ner and with like effect as persons
sui iuris.
Sec. So Person Prohibited From
Signing Undertaking. No attorney
az law and no official authorized to
admit to bail. nor any state, or coun-
ty officer shall become surety on any
undertaking
{! Sec. 81. Sufficiency of Sureties. If
there is only one surety he shall be
worth the amount specified in the
undertaking exclusive of the amount
or any other undertaking on which
ne may be principal or surety, end
exclusive of property exempt 1. ON
execution and over and above all Ii
abilities: if there are several sure
ties they shall be in the aggregate
be worth that amount exclusive of
the amount of other undertakings,
ana of the exemptions and liabili-
ties mentioned above.
Sec. So. Sureties-Justificati of.
Each surety shall justify by affi-
davit that he possesses the qualifica-
lions and sufficiency to become sure
". and in such affidavit shall de-
scribe his property, to which he
proposes to justify as to his suffi-
cheney. stating the encumbrances
therein. and the number and am
cunt of undertakings. if any in anv
court. entered into by him and re-
naming undischarged. The false
making of any such affidavit shall
be considered perjury.
Sec. 50. Professional Bondsmen.
When a person other than a surety
company has become a surety for
the release of a person on bail and
&S LSSCANSo compensation or PROM
lse of compensation therefor in more
than two undertakings or neither
OF which he has been discharged
from liability. he is a professional
bondsman.
Sec. 81. Registration of Profess
sional Bondsmen. A professional
bondsman shall not become surety
on an undertaking unless he has
been registered as a professional
bondsman in the Office of the clerk of
the circuit Court: and any such
bondsman who offers himself as
surety without having so registered
shall be guilty of a misdemeanor
and shall upon conviction be impris-