The Key West Citizen Newspaper, September 7, 1939, Page 5

Key West Citizen KEY WEST, CHAPTER T Relating to Criminal Pro- to the Issuing of Warrants piases_ and the tion to Preliminary 4 Bail; to Methods of Pros the ction and Dut! and Jury; to Indictments ‘mations d Process There- aignment, Motions and d Venue; to Removal of eed- 3 ‘taken where the complaint is made, the same proceedings for the issuing of a warrant shall be had as prescribed in this chapter, except;that the war- rant shall require the person, against whom the complaint is made, to be before a named or otherwise designated magistrate of the county in which the offense is triable. (2) If the person arrested is bail- able as of right in respect of the of- fense set forth in the warrant, the officer making the arrest. shall, upon being so requested by the person ar- rested. take him before a magistrate or other official, having authority to admit to bail for such offense, of the county in which the arrest is made, who shall admit him to bail for his appearance before the magistrate } named or otherwise designated in the @ warrant. (3) If the person arrested is not e bailable as of right in respect of the ; offense set forth in the warrant, or of icial and Prosecuting Offi- ital Punishment; to Re- Certain Laws and All Other d Part of in Con- ewith and Prescribing a ny Officer or Other g the Provisions of s to Be Com- All Judicial of- Il be conser- nd committing S. ing the criminal laws o and may commit offend- il or recognize them to ap- ar before the proper court at the xt ensuing term thereof to answer charge, or may discharge them custody, according to the cir- of the case and may re- s of the peace when the en violated or threaten- a complaint is made to trate that an offense has amitted within his jurisdic- shall examine on oath the a any witnesses he may When Warrant of Arrest Issued. A warrant may be for the arrest of the pe against if the magistrate, amination of the com- nd the other witnesses, if able ground to believe was committed plainant any, has reasoi that any offs within his jur' person inst whom the complaint was made committed it. Provided, that a warrant may be is: said Magistrate for the ar- st of the person complained ag- ainst. upon presentation to him of affidavits sworn to by the complain- ing wit s or witnesses before the prosecuting attorney, provided such cuting attorney is authorized to ter oaths as a notary public ise. Sec.-3. Form and Contents of Warrant. The warrant of arrest, shall (a) be in writing and in the name of the State of Florida; (b) set forth substantially ture of the offiense; ‘c) command that the person ag- ainst whom the complaint was made be arrested and brought before the magistrate issuing the warrant or, if he be absent or unable to act, be- fore the nearest or most accessible magistrate in the same count: (4) specify the name of the per- son to be arrested or, if his name is unknown to the magistrate, shall designate such person bj or description by which he with reasonable certainty ; the date when issued and nd justice district where the na- identified by the magistrate his office; and offens bail as of right indorse the amount of bail and the return day on back of warrant. 4. Direction and Execution rant. The warrant shall be d to all and singular the sher- iffs and constables of the State of Florida. It shall be executed only by a sheriff or constable of the coun- ty in which the arrest is made, un- arrest is made in hot pursuit, in h event it may be executed by ny sheriff or constable who is ad- vised of the existence of said war- rant. An arrest may be made on any day and at any time of the day or t in all Procedure When Warrant ive. (1) No*warrant of arrest be quashed or abated nor shall ¥ person in custody for an offense be discharged from such custody be- cause of any informaility in the war- rant. but the warrant may be am- ended. so as to remedy any such in- formality (2) If during the preliminary ex- amination of any person who has been arrested for the commission of an offense it appears to the magis- conducting the examination that e warrant of arrest does not prop- me or describe the person ar- ted or does not properly set forth e nature of the offense for which was arrested or that although not guilty of the offense specified in the warrant he is guilty of some other offense. the magistrate shall not discharge such person but shall forthwith issue a new warrant for arrest upon proper affidavit being Duty of Officer After Ar- With Warrant. When the ar- virtue of a warrant occurs in ntv where the alleged offense s committed and where the war- rant was issued, the officer making » arrest shall without unnecessary y take the person arrested before e magistrate who issued the war- rant (or. if that magistrate is absent or unable to act. before the nearest or most accessible magistrate in the Admi. nm to Bail When 4 Occurs im Another County. 1) When the arrest by virtue of a mt occurs in a county other that in which the alleged of- was committed and the war- issued, if the person arrested bailable as of right in rsepect of offense set forth in the war- the officer making the arrest |, upon being so reauested by the person arrested. take him before a magistrate or other official of such county having authority to admit to bail for such offense, who shall ad- nim to bail for his appearance he magistrate who issued the nt rant as of right in respect of the set forth in the warrant, or on the admission to bail of the rson arrested. bail is not forthwita officer who made the ar- e officer having the war- take the person arrested before the magistrate who issued the warrant. See. 8 Issue of Warrant When Offense Triable in Another County. hi 1) When complaint is made be- fore a magistrate of the commission ef an offense which is punishable by death or imprisonment for more than 5 years and is triable in another county of the State, but it appears that the person against whom the complaint is made is in the county if, on the admission to bail of ‘the person arrested, bail is not given, the person arrested shall be taken be- fore the magistrate named or other- wise designated in the warrant. ec. 9. When Summons Shall Be Issued. (1) Where the complaint is for the commission of an offense which the magistrate is empowered to try summarily he shall issue a summons instead of a warrant of ar- rest. unless he has reasonable ground to believe that the person against whom the complaint was made will not appear upon a summons, in which case he shall issue a warrant of arrest. (2) Where the complaint is for a misdemeanor, which the magistrate is not empowered to try summarily, he shall issue a summons instead of a warrant of arrest. if he has rea- sonable ground to believe that the person against whom the complaint was made will appear upon a sum- substantially the nature of the of- fense, and shall command the per- son against whom the complaint was made to appear before the magis- trate issuing the summons at a time and place stated therein. Sec. 10. How Summons Served. The summons may be served in the same manner as the summons in a civil action. Sec. 11. Effect of Not Answering Summons. If the person failed, without good cause, to appear as commanded by the summons, he shall be considered in contempt of court, and may be punished by a fine of not more than twenty dollars. Upon such failure to appear the magis- trate shall issue a warrant of arrest. If after issuing a soummons the magistrate becomes satisfied that the person summoned will not appear as commanded by the summons he may at once issue a warrant of arrest. Sec. 12. Summons Against Corpo- ration. Upon complaint against a corporation for the commission of an offense, the magistrate before whom the complaint is made shall issue a summons, which shall recite substantially the nature of the of- fense and shall command the corpo- ration to appear before him at a place stated therein. Sec. 13. Service of Summons Ag- ainst Corporation. The summons for the appearance of a corporatién may be served in the manner provided for service upon a corporation in a civil action. Sec. 14. Effect of Failure by Cor- poration to Answer Summons. If, after being summoned, the corpora- tion does not appear, ‘a plea of not guilty shall be entered bv the magis- trate if he is empowered to try the offense for which the summons was issued. and he shall proceed to trial and judgment without further pro- cess. If the magistrate is not em- powered to try the offense he shall proceed as though the corporation had appeared. Sec. 15. Arrest by Officer Without Warrant—When Lawful. A peace officer may, without warrant, arrest @ person: (a) When the person to be arrested has committed a felony or misde- meanor in his presence. In the case of such arrest for a misdemeanor, the arrest shall be made immediately or on fresh pursuit. (b) When a felony has in fact been committed, and he has reasonable ground to believe that the person to ke arrested has committed it. (c) When he has reasonable ground to believe that a felony has been or is being committed and reasonable ground to believe that the person to be arrested has committed or is committing it. (d) When a warrant has been is- sued charging any criminal offense and has been riaced in the hads of any peace officer for execution. Sec. 16. Method of Arrest by Officer by Virtue of Warrant. When making an arrest by virtue of a warrant the officer shall inform the person to be arrested of the cause of arrest and of the fact that a warrant has been is- sued for his arrest, except when he flees or forcibly resists before the officer has onvortunity so to inform him, or when the giving of such in- formation will imperil the arrest. The officer need not have the warrant in his possession at the time of the arrest. but after the arrest, if the person arrested so requests, the war- rant shall be shown to him soon as_ practicable. Sec. 17, Method of Arrest by Offi- cer Without Warrant. When making an arrest without a warrant, the of- ficer shall inform the person to be arrested of his authority and the cause of the arrest. unless the per- son to be arrested is then engaged in the commission of an offense, or is pursued immediately after its com- mission or after an escape. or flees or forcibly resists before the officer has opportunity so to inform him, or when the giving of such informa- tion will imperil the arrest. _ Sec. 18. Officer May Summon As- sistance. Any officer making a law- ful arrest may orally summon as many persons as he deems necessary to aid him in making the arrest. Ev- ery person when required by an of- ficer shall aid him in making such arrest. Sec. 19. Right of Officer to Break Into Building. (1) An officer, in or- der to make an arrest either by vi tue of a warrant, or when authoriz- ed to make such arrest for a felony without a warrant, may break open @ door or window of any building in which the person to be arrested is or is reasonable believed to » af he is refused admittance after he has announced his authority and purpose. (2) Whenever an officer has entered a building in accordance with the provisions herein, he may break op- en a door or window of the building, if detained therein. when necessary for the purpose of liberating himself. (3) The sheriff. deputy sheriff. city marshal, constable, or police Officer, when any of the implements, devices, or apparatus commonly used for gambling purposes are found in any use, room, booth or other place, used for the purpose of gambling shall seize the same and hold them subiect to the discretion of the court, to be used as evidence and after- wards the same shall be publicly de- stroyed in the presence of witnesses under order of the court to that effect. Sec. 20. Right to Break Into Build- ing in Order to Effect Release of Person Making Arrest Detained Therein. A peace officer or any dep- utized person, may break open a door or window of any naan when necessary for the purpose of liberat- ing a person who entered the build- ing for the purpose of making an arrest. St 21. Search of Person Arrested ion of Property Found in . (1) When any sheriff, dep- uty sheriff, or other police officer in this State shall lawfully arrest any person, it shall be lawful for the of- ficer making such arrest, or his as- sistant, to search the person of such person so arrested, and if such search reveals the violation of any law, such officer shall hold such per- son upon a charge of violating the law, the violation of which has been so revealed, and anything found on such person or in his or her posses- sion which tends to show the guilt of such person of the violation of law shall be admitted in evidence upon a trial in such violation is charged. and such violation shall be deemed and held to be one committed in the presence of the officer. (2) When any sheriff. deputy sher- iff. or other police officer of this State, shall lawfully arrest any per- son for the violation of the road or speed laws, or for reckless driving, while drunk or intoxicated, and shall find upon making such arrest that such person has unlawfully jin his Possession or control, coficealed weapons, intoxicating liquors, or stolen or embezzled nroperty. con- trary to law, it shall be held and deemed to be a violation of the law committed in the presence of the of- ficer so making the arrest, and it shall be the duty of the officer to im- mediately take such person before a magistrate, and upon affidavit, charge such person with the com- mission of such offense so com- mitted in the presence of the officer, and such person shall thereafter be delat with as for the commission of such offense. It shall be lawful for the officer makin: such arrest, and thereupon finding such person en- gaged in the violation of the law, to immediately seize all evidence of such violation and to give to the person so arrested and so found vio- lating the law of this State an item- ized inventory and receipt for the articles seized to be used as such evidence, and to hold the same to be used at the trial of such person for the violation of the law and the ar- ticles so seized shall be deemed to have been seized from a person in the act of violating the law in the pres- ence of the officer making the arrest and shall be admitted in evidence; provided, the possession of such ar- ticles shows or tends to show the person arrested to be guilt’ of the violation of the law. Sec. 22. Arrest After Escape or Rescue. If a person lawfully arrest- ed escapes or is rescued, the person from whose custody he escapes or was rsecued or any other officer may immediately pursue and retake him without a warrant at any time and in any place within the State. Sec. 23. Duty of Officer After Ar- rest Without Warrant. An officer who has arrested a person without a warrant, shall without unnecessary delay take the person arrested before the nearest or most accessible mag- istrate in the County in which the arrest occurs, having jurisdiction, and shall make before the magistrate a complaint. which shall set forth the facts showing the offense for which the person was arrested; or, if that magistrate is absent or unable to act, before the nearest or most a cessible magistrate in the same coun- ty. Sec. 24. Right of Attorney to Vis- it Person Arrested. Any attorney at law entitled to practice in the courts of this State shall, at the re- quest of the person arrested or for some one acting in his behalf, be Lpermitted, forthwith upon his re- quest to visit the person arrested and to interview him privately. CHAUTER 2—Preliminary Exami- nation. Sec. 25. Duty of Magistrate. When the defendant is brought before the magistrate upon an arrest, either with or without a warrant, on a charge of having committed an of- fense which the magistrate is not empowered to try and determine, the pores shall immediately inform im (a) Of the charge against him, (b) Of his right to the aid of coun- sel during the preliminary examina- tion, and (c) Of his right to waive such ex- amination. (d) Of his right to refuse to testify, and also cautioned that in the event he does testify, anything which he says may be used against him in a subsequent proceeding. Sec. 26. Waiver of Examination. (1) The defendant may waive a pre- liminary examination. If he does waive, the magistrate shall hold him to answer and shall either admit = to bail or commit him to cus- ‘ody. (2) Nothwithstanding a waiver of examination by the defendant. how- ever, the magistrate. on the demand of the prosecuting attorney shall ex- amine the witnesses for the State end have their testimony reduced to writing or taken in shorthand by a stenographer. After hearing the tes- timony, if it appears that there is not probable cause to believe the defendant guiltv of any offense, the magistrate shall order that he be discharged. Sec. 27. Sending for Counsel. The magistrate shall allow the defendant a Feasonable time to send for coun- sel an . if necessary, postpone the examination for that pose. He shall also, upon request of zhe defendant, require an officer to ‘om- municate a message to such counsel in the county as the defendant may name. The officer shall with dili- gence and without cost perform that duty. Sec. 28. Magistrate to Proceed with Examination Unless Waived. (1) If the defendant does not request the aid of counsel. the magistrate shall immediately proceed to examine the tase unless the defendant waives ex- amination. (2) If the defendant reauests the aid of counsel te shall, immediately after the appearance of counsel or.after waiting a reasonable time therefor. if none appears, pro- ceed to examine the case unless the defendant waives examination. Sec. 2. Postponement of Exami- nation. The magistrate may for good cause postpone the examination. If no postponement is had, the exam- ination shall be completed at one session. No postponement shall be for more than two days, nor shall the postponements in all exceed six davs, except for good cause. Sec. 30. Bail After Postponement. Where a postponement is had, unless the defendant is already admitted to bail. the magistrate if the de- fendant is bailable as of it an by him shall admit him to bail fcr his papearance at the time to wnich the examination is postpon.d. If the defendant is not admitted to bail by the magistrate or if bail is not furnished, the magistrate shall com- mit him to custody for further ex- amination of the ease. : Sec. 31. Summoning of Witnesses. ‘The magistrate shall issue such pro- cess as may be necessary to secure attendance of witnesses, within t* ‘State. for the State or the defend- ant. Sec, 32. Presence of Defendant and Cross-Examination of Witnesses. All witnesses shall be examined in the presence of the defendant and may be cross-examined. Sec. 33. Examination of Witnesses for Defendant. At the conclusion of the testimony for the prosecution the defendant shall. if he so elects, be sworn and testify in his own be- half. and shall in such cases be warned that anything he may say can “- used against him at a subse- quent trial, and be subject to exami- nation as other witnesses, and wheth- er he testifies or not any witness pro- duced by him shall be sworn and examined. : Sec. 34. Exclusion and Separation of Witnesses. Prior to the examina- tion of any witness in the cause, the magistrate may and on request of the defendant shall exclude all other witnesses. He may also cause the witnesses to be kept separate and to be prevented from communicating with each othre until all are ex- amined. Sec. 35. Testimony of Witnesses. At the request of the prosecuting at- torney the testimony of the ‘wit- nesses and of the defendant, if he testifies. shall either be reduced to writing bv the magistrate, or under his direction, or be taken in short- hand by a stenographer and trans- cribed. The magistrate shall give the defendant an opportunity to sign his deposition. If the testimony, or any part thereof, is reduced to writ ing at the request of the prosecut- ing attorney, a copy of such testi- mony, or of the part thereof which has been reduced to writing. shall be funrished free of cost to defendant or_his counsel. i Sec. 36. When Deposi‘ion Admis- sible at Trial. In cast the defend- ant testified, his deposition. if sign- ed by him, shall be admissible in evidence against him at the trial without further authentication. Noth- ing herein contained shall prevent the State from giving evidence at the trial of any admission or confes- sion or other statement of the de- fendant made at any time which by law is admissible as evidence against such person. Sec. 37. When Defendant to Be Discharged. After hearing the evi- dence, if it appears either that an offense has not been committed or that, if committed, there is not prob- able cause to believe the defendant guilty thereof. the magistrate shall order that he be discharged. Sec. 38. When Defendant to Be Held to Answer—When to Be Ad- mitted to Bail or Committed. If it appears that any offense has been committed and that there is probable cause to believe the defendant guilty thereof. the magistrate shall hold him to answer. If the defendant | pailable as of right by the magi: trate. he shall be admitted to bail. If he is not admitted to bail or if sufficient bail is not furnished, the nae shall commit him to cus- Iv. Sec. 3. Undertaking by Witness. If the defendant is held to answer on any charge of murder, rape, rob- bery, arson or kidnapping, the magis- trate may require each material wit- ness for the State and each material witness for the dfeendant if so re- quested by him, to enter into a writ- ten recognizance to appear or to tify at the trial of the cause or to forfeit such sum as the magistrate may fix. Sec. 40. When Further Security May Be Required. When the mag- istrate from the proceedings had before him or from testimony on oath has reasonable ground to be- lieve that any witness who has en- ‘tered into such recognizance will not ‘appear and testify unless further se- curity is required, he may order the witness to give further security for his appearance, either by enter- ing into a written undertaking with such sureties and in such sum as the magistrate may deem proper. Sec. 41. Procedure When Witness Does Not Give Security. (1) If a witness requil to enter into an undertaking or recognizance to ap- pear to testify, either with or with- out security, refuses compliance with an order for that me: se, the magis- trate shall commit him to custody until he complies or is legally dis- charged. (2) If the magistrate requires the witness to give security for his ap- pearance, and the witness is unable to give such security, he may move the court having ultimate jurisdic: tion to try the defendant, for a re- duction of said security. (3) When. however, it satisfactorily appears by examination on oath o the witness. or any other person, that the witness is unable to give security, the magistrate in the first instance. and the trial court having jurisdiction in the second instance, shall mi an order finding such fact. and the witness shall be de- tain: pending application for his conditional examination. Within 3 days from the entry of the order last mentioned, the witness so detained shall be conditionally examined on behalf of the State or the defendant on application made for that purpose. Such examination shall be by ques- tion and answer in the presence of the other party and counsel, and shall be taken down by a Court Re- ‘porter or a stenographer selected by the parties. and reduced to writing. At the completion of the examination, the witness shall be discharged. and his deposition may be introduced in evidence by the defendant at the forthcoming trial, or if the prosecut- ing attorney and the defendant and his counsel agree, the deposition may be admitted in evidence at the trial, by stipulation. No such depo- sition shall be admitted on behalf of the State, unless the defendant consents thereto. (4) If no conditional examination is had within the above mentioned period of three da: the witness so detained, shall be forthwith dis- charged. (5) A witness so committed shall be entitled to his fees as a witness for the period of his commitment. « Sec. 42.° Transmission of Papers by Magistrate. (1) When the magis- trate has discharged the defendant, or has held him to answer, he shali transmit without delay to the Clerk of the Court having jurisdiction of the offense: (a) The warrant. ey _ neomtions oe witness. ic e defendant's deposition, if he testified. (d) The recognizance or undertak- Ing, for the appearance of witnesses, e) A copy of the order discharg- ng or holding the defendant. (f) Every article, writing, money, or other exhibit used in evidence; Provided, however; that such artick used in evidence before said trate may be returned to ihe coma f undertakin; FLORIDA tioned, may be ordered to do so by the court having jurisdiction, and in case he disobeys such orders, may be sheld 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 misde- 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 evi- dence as to such crime or misdemea- nor, on his failure to appear to give such evidence, he shall be liable to the justice for all the costs occas- ioned by his complaint, and the jus- tice may obtain a judgment and ex. cution for the same as in other case: (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- cuting 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- tify, or caused himself or herself to be summoned to testify. 4c) No person who voluntarily ap- 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 a per diem or mileage as a witness unless the trial results in a conviction of the defendant. (a) No Sheriff, Deputy Sheriff, Con- stable, Deputy Constable, Highway Patrolman, or other person employed or paid by the state or any county thereof as a 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. ‘HAPTER 3. BAIL. Sec. 44. 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- nied. If application for bail is made to an authorized court and denied, no court of inferior jurisdiction shall ‘admit applicant to bail. unless such court of inferior jurisdiction is the court having jurisdiction to try the defendant. 2 Sec. 45. Bail-Allowance By Trial Court. After a person is held to an- swer, by a magistrate, the Court hav- ing jurisdiction to try the defendant shall, before indictment or informa- tion 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. 47. Bail—Subsequent Appli- cation. (1) 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. (2) en a committing magistrat. not possessing trial jurisdiction o1 ders a defendant held to answer before a court having jurisdiction to try defendant. and bail has been de- nied. 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. (3) 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. 49. 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 juris. Sec. 50. Person Prohibited From Signing Undertaking. No attorney Bt law and no official authorized to ‘admit to bail, nor any state, or coun- ‘ty officer shall become surety on any ie: # Sec. 51. Sufficiency of Sureties. If there is only one surety he shall be worth the amount specified in the undertaking exclusive of the amount of any other undertaking on which he may be principal or surety, end exclusive of property exempt i.om execution and over and above all li- abilities; if there are’ several sure- ties they shall be in the aggregate be worth that amount exclusive of the amount of other undertakings, and of the exemptions and liabili- ties mentioned ‘above. * Sec. 52. Sureties—Justification of. Each surety shall justify by affi- davit that he possesses the qualifica- tions and sufficiency to become sure- ty, and in such affidavit shall de- scribe his property, to which he Proposes to justify as to his suffi- ciency, stating the encumbrances therein. and the number and am- ount of undertakings, if any, in any court. entered into by him ‘and re- maining undischarged. The false making of any such affidavit shall be_ considered perjury. Sec. 53. Professional Bondsmen. When a person other than a surety company has become a surety for that the release of a person on bail and has received compensation or prom- if of compensation therefor in more an un i ither of which he has been discharged from liability, he is a professional bondsman. %4. Registration of Profes- Sec. sional bondsman shall not become surety unless he has on an_undert: rej @_ professional of the clerk of 1. OF $500.00, or both, the court. And such registration shall be made an- oe Sec. 55. Bail Condition of the U: ES person id writing, monies, or other exhibits 96 amination, thereof upon written order of the be judge of the court having jurisdic- am’ tag, te try tee. Aateedaat. , y magistrate who refuses fails to transmit the papers so men ‘offen: Bondsmen. A professional such without leave. (2) If he is admitted to bail after he has been held to answer by a magistrate, or after an_ indictment found or an information filed against him, the condition of the undertak- ing ‘shall be that he will appear to answer the charge before the court in which he may be prosecuted and submit to the orders and process of the court, and will not depart with- out leave. Sec. 56. Bail on Appeal—Condition of the Undertaking. If the defendant is admitted to bail, after conviction and upon appeal, the condition of the undertaking shall be: (a) That he will duly prosecute his appeal. (b) That he will surrender himself in execution of the judgment or sen- tence upon it being affirmed or modi- fied. or upon the appeal being dis- missed or in case of judgment is re- versed and the cause remanded for a new trial, that he will appear in the ‘court to which said cause may be vwemanded and submit himself to the orders and process thereof, and will not depart without leave. Sec. 57. Contracts to Indemnify Sureties. Every surety for the re- lease any person on bail. shall file with the undertaking an affidavit stating whether or not he or any one for his use has been promised or has received any security or con- sideration for his undertaking, and if so. the nature and amount thereof, and the name of the person by whom such promise was made or from whom such security or considera- tion was received . Any wilful mis- statement in such affidavit or any intentional omission to set forth in the affidavit all the security or con- sideration promised or given shal! render the person making it sul to the same prosecution and penalty as one who commits perjury. An action to enforce anv indemnity agreement shall not lie in favor of the surety against such indemnitor, except with respect to agreements set forth in such affidavit. In an action by the indemnitor against the surety to recover any collateral or security given by the indemnitor, such surety shall have the right to retain only such security or col- lateral as is mentioned in the affi- davit required above. Sec. 58. Bail by Fidelity or Sur- ety Company. Bail may be given by @ fidelity or surety company autho- rized to act as surety within this State. Any such company may exe- cute the undertaking as surety by the hand of an officer or attorney authorized thereto by a resolution of its board of directors, a certified conv of which, under its corporate seal, shall be on file with the clerk of the Circuit Court. And same must be renewed annually. Sec. 59. Deposit of Money or Bonds as Bail. When the defendant has been admitted to bail he, or another in_his behalf. may deposit with an official authorized to take bail, a sum of money, or non-registered bonds of the United States, or of the state, or of any county, ity or town with- in the state, equal in the market to the amount mentioned in the order admitting the defendant to bail, to- gether with his personal undertak- ing, and an undertaking of such oth- er person, if the maney or bonds are deposited by another. Upon de- livery to the official in whose cus- tody the defendant is of a certificate of such deposit. he shall be discharg- ed from the custodv in the cause. Sec. 60. Substitution of Cash Bail for Other Bail. When bail other than a deposit of money or bonds has been given the defendant or the surety may, at any time before a breach of the undertaking. deposit the sum mentioned in the undertaking, and upon such deposit being made ac- companied by a new undertaking. the original undertaking shall be cancelled. Sec. 61. Bail, After Deposit of Money or Bonds. If monev or bonds have been deposited, bail by sureties may be substituted therefor at any time before a breach of the under- taking, and the official taking the new bail shal] make an order that the money or bonds be refunded to the person depositing the same and they shall be refunded accordingly. and the original undertakings shall be_ cancelled. Sec. 62. Increase or Reduction of Bail. The court in which a prosecu- tion is pending may for good cause, after notice, either increase or re- duce the amount of bail or require new or additional bail. Sec. 63. Surrender of Defendant, At any time before there has been a breach of the undertaking any surety may surrender the defendant, or the defendant may surrender him- self, to the official to whose custody the defendant was-committed at the time bail was taken, or to the offi- cial into whose custody the defend- ant would have been given had he been committed. See. . Method of Surrender— Exoneration of Obligors. (1) The person desiring to make a surrend- er of the defendant shall procure a certified copv of the undertakings and deliver them together with the defendant to the official in whose custody the defendant was at_the time bail was taken, or to the official into whose custody he would have been given had he been committed, who shall detain the defendant in his custody thereon, as unon a com- mitment, and by a certificate in writing. acknowledge the surrender. (2) Upon the presentation of a certified copy or the undertakings and the certificate of the official, the court before which the defendant has been held to answer, or the court in which the preliminary examina- tion, indictment, information or ap- peal, as the case may be. is pend. ing. shall upon notice of three given by the person making the sur- render to prosecuting officer of the court having jurisdiction of the together with a copy of the and certificate, order igtors be exonerated ob! fi liability or their undertakings: and. and if money or ited as bail, re- Sec. 65._ Arrest of Princi B: Surety. For the purpose rp sur- rendering the defendant. the surety may arrest him before the forfeiture of the undertaking, or written ed endorsed = authority on a certified copy of the - ra power any peace officer to make ar- . first paying the lawful fees Before Conviction— of. rest of the defendant who is at large on bail. and his commitment, in the are torney of the county. shall (c) When the court or judge is satisfied that the bail should be in- creased or new or additional sc- curity required. (d) When an indictment has been found against the defendant for an offense in respect of which he is not bailable. = (e) The order for the commit- mert of the defendant shall recite general facts upon which it is founded, and shall direct that the defendant be arrested by any offi- cial authorized to make arrests, and ‘hat the defendant be committed to the official in. whose custody he would be had he not given bail. to be detained by such official until legally discharged. (f) The defendant shall be arrest- ed pursuant to such order upon a certified copy thereof, if any coun- ty, in the same manner 2s upon a warrant of arrest. (g) If the order pri led for is made because of the f: re of the defendant to appear for judgment or because an indictment has heen found against him for an offense in respect of which he is not liable, the defendant shall be committed. (h) If the order is made for any other cause and the defendant is bailable the court or judge may fix the amount of bail and direct in the order that the defendant be admit- ted to bail in the sum fixed which sum shall be specified in the order. Sec. 67. Bail After Recommitment —Who May Admit To. If the defend- an applies to be admitted to bail after recommitment and he is bail- able he may be admitted to bail by the court which recommitted him. Sec. Qualifications of Surety After Order or Recommitment. If the defendant offers bail after com- t mitment, each surety shall possess the qualifications and sufficiencv. and the bail shall be furnished in all re- spects in the manner prescribed for admission to bail before recommit- ment. Sec. 69. Forfeiture of the Under- taking—When and How Directed. (1) If there is a breach of the under- taking. the court before which the cause is pending shall make a rec- ord thereof and shall declare the undertaking, and any money or bonds that have been deposited as bail, forfeited. (2) Upon said undertaking being forfeited. the Clerk of the trial court shall immediately transmit the un- dertaking and any affidavits, to the Clerk of the Circuit Court of the county in which said undertaking and affidavits are filed, who shall record the same in the Deed Book of said County. and if said under- taking and affidavits describe real property in another county, the Clerk of the trial court shall transmit said undertaking and affi- davits to the Clerk of the Circuit Court of such other county, who shall likewise record same, and re- turn said undertakings and affi- davits to said first mentioned Clerk. The undertaking and affidavits shall be alien on any real property de- scribed in the same, from the time of the recording thereof in the coun- ty in which the property is situated. Upon the filing of an order by the court having jurisdiction, with the Clerk of the Circuit Court of the county where the property is “sit uated, cancelling the undertaking, the lien shall be discharged. (3) The undertaking and affidavits shall be a lien on any real property described in the same for a period of one year from the time of the recording thereof in the county in which the property is situated. and thereafter until the final determina- tion of any action or suit brought thereon instituted within such one year period. and if no action is in- stituted within one year from date of recording; the lien shall stand discharged. After the expiration of one vear from the date on which the undertaking and affidavits were recorded the same shall not con- tinue a lien even though an action or suit is instituted unless in con- nection with the institution of such action or proceeding a lis pendence notice is filed and recorded. Sec. 70. Discharge of Forfeiture. If, at any time within ten davs after the undertaking has been for- feited, the breach of the undertak- ing is satisfactorily explained and the defendant shall in all other re- spects have complied with the condi- tion of the undertaking the court before which the case is vending may direct the forfeiture of the under- taking to be dicharged upon such terms as are just. Sec. 71. Enforcement of Forfei- ture. If the forfeiture is not dis- charged, and the undertaking is one secured otherwise than by the de- posit of money or bonds, it shall be the duty of the prosecuting attorney. immediately after the lapse of 30 days after the date of forfeiture, but in any event within one year from said date. to proceed against the defendant or any surety upon his undertaking as follows The prosecuting attorney shall file a certi- fied copy of the order of t or judge forfeiting the same, office of the Clerk of the Circuit Court of the County wherein such order shall have been made, and thereupon the judge of the circuit in said county shall enter judgment against the person bound by the undertaking for the amount of the penalty of said undertaking, and execution shall be issued to collect the amount of said undertaking. Sec. 72. Remsision of Forfeiture. After the entry of judgment on the undertaking. the court entering the judgment may for a_ reasonable cause shown within 30 days set aside the judgment in whole or in part upon such terms as are just; and all set aside the same if it shall ‘'s appear that there was no breach of the undertaking. Sec. 73. Application for Remission or Forfeiture—How made and ‘What Terms Granted. Application to set aside or modify the judgment shall be made within 25 days from the entry of judgment and shall be accompanied by affidavits setting forth the facts on which it is found- ed: and shall be upon at least 5 days’ notice to the prosecuting at- Me, = Such mallee: accompani Y a copy o' the affidavit and of any Caper on which the avrlication is founded. The application shal! be granted only upon payment of the costs and ex- penses inci by the county in the proceedings for the enforcement of the forfeiture unless it is grant- ground that there was no lertaking. cae oe the und of Sec. 74. feit of th dert: has been feiture e un aki Soatcnes = remitted the court mi can order icelling the R Sec. 75. Defects in Undertaking. (1) No undertaking shall be inva nor shall any person be discharged from his undertaking. nor a forfei- ture thereof be stayed. nor shall aside or reversed, S bp tion or. the collec of any such judgment be barred or defeated by reason of any defect of form. omission or recital or of con- dition. failure to note or record the default of any principal or surety, or because of any other irregularity, or because the undertaking was en- tered into on Sunday or other holi- day, if it appear from the tenor of the undertaking before what magis- trate or at what court the principal was bound to appear, and that the official before whom it was entered into was legally authorized to take it and the amount of bail is stated. (2) If no day is fixed for the ap- pearance of the defendant, or an im- possible day, or a day in vacation, the undertaking, if for his appear- ance before a magistrate for a hear- img. shall bind the defendant to appear in 10 days from the receipt of notice so to do by the defendant, his counsel, or any suvety on the undertaking; and if for his appear- ance in a court for trial, shall bind the defendant so to avvear on the first day of the next term of the court which shall commence more than 3 days after the giving of the undertaking. Sec. 76. Bail not Discharged for Certain Defects. The liability of a person on an undertaking shall not be affected by reason of the lack of any qualification, sufficiency or com- petency provided in this Code, or by reason of any other agreement than that expressed in the undertaking, or because the defendant has not joined in the undertaking, or be- cause the defendant has not joined in the undertaking. See. Who May Admit to Bail. a pt as otherwise provided in this Code. admission to bail at any stage of the proceedings shall be made by the same official now av thorized by law in this state to ad- mit to bail at a similar stage. (2) In all criminal cases instituted or pending in the court of county judges or justices of the peace or other commiting magistrates, all bonds given by defendants therein at any time before the trial, shall be approved by the sheriff, county judge, justice of the peace, or other judge trying the case, as the case may be; and all bonds given by de- fendant’ after preliminary hearing shall be appr: by the sheriff, county judge, justice of the peace or other committing magistrates, ex- cept appeal bonds, which shall in the county judge or justice of the peace court be approved by such county judge or justice of the peace; and in appeals from the Circuit Court. Court of Crimes, Criminal Courts of Record, or other courts having a clerk, the bond may be ap- proved by the judge or the clerk of the court. Sec. 78. Officer Bail. Any i whi Taking Insufficient ial who takes bail, ich he knows to be insuffici acecpts a surety in an underta knowing such surety not. to po: the qualifications or sufficiency quired by law, or accepts as sur any professional bondsman who is not duly registered with the Clerk of the Circuit Court, and quali act as surety, shall be guilt: misdemeanor. ‘and upon conviction, shall be imprisoned not exceeding 30 days or fined not exceeding $100, or both. in the discretion of the court: and mav be removed from of- fice. by the Governor. Chapter 4. Methods of Prosecution. Sec. 79. “Prosecution by Informa- tion or Indictmént. . All canital of- fenses shall be tried on indictment by a grand jury. and all other cases may be tried either by indictment by grand jury or information filed by the prosecuting attorney under oath, except as is otherwise pro- vided in the Constitution of the State of Florida, and excepting cases of imneschment and in cases in the militia when in active service in time of war, or which the State with con- sent of Congree- mav keep in time of Peace. CHAPTER 5. Grand Jury. See. 80. Number and Procure- ment of Grand Jury. (1) Everv ond Jury shall consist of not less than 15. nor more than 18 persons, the assent of at least 12 of whom shall be necessary to the finding of any indictment. All the provisions of law coverine the qualifications, dis- qualifications, exemptions. drawing, summoning. supplvine deficiencies, in whole or in part and compensa- tion and procurement of party jur- ors. shall apply to Grand Jurors, (2) (a) In counties wherein Crim. inal Courts of Record are not es- tablished. The judge of the Circuit Court May dispose with the summoning, empaneling and convening of the grand jury at any term of the court by making, entering and filing, eith- er in vacation or term time, with the clerk of the said court, a writ- ten order directing that no grand jury be summoned at such term of court. (b) In counties wherein Criminal QGourts of Record are established no Grand Jury shall be summoned to at- tend any term of the Circuit Court, unless the Circuit Judge shall file with the Clerk a written order, directing a Grond Jury to be sum- moned Sec. 81. Who May Challenge. The State or a person who has been held to answer may challenge the panel or an individual grand juror. Sec. &2 Ground for Challenge to Panel A chailenge to the panel may be made only on the ground that the grand jurors were not selected or drawn according to law. Sec. 83. Grounds for Challenging to Individual Grand Juror. A chal- lenge to an individual grand jury may be made: (a) By either party for the rea- son () That the juror has not the qualifications required by law. (2) That a state of mind exists on his part which will prevent him from acting impartially and without pre- judice to the substantial rights of the party challenging. (3) That the juror is related by blood or marriage within the third degree to the defendant or to the Derson alleged to be injured by the offense charged or on whose com- plaint the prosecution was insti- tuted. (b) By the state. because the jur- or is surety on the bail undertak- ing of any person whose case will come before the grand jury. Sec. 84. When Challenge or Ob- jection to Be Made After the grand jurors shall have been empaneled and sworn no objection shall be raised by plea or otherwise. to the grand jury; but the empaneling and swearing of the grand jury shall be conclusive evidence of its com- petency and aulaifications, but the provisions of this section shal! apply only to defendants who knew, or had reasonable ground to believe, that cases in which they were or might be involved would be investigated by the grand jury at the time it ‘was inpaneled and sworn Sec. §. How Challenge Made and Tried. A challenge to the panel shall be in writing. but a challeng: to an individual grand juror © be either oral or in writing. A challenges shall be tried by the Sec.4 86. Effect of Sustaining Challenge to Panel. If a challenge to the panel is sustained. the grand jury shall be -discharged. Sec. 8%. Appointment of Foreman. When the grand jury is completed set court.