Former acquit SEC. 4. No person shall be held to answer on a second indicttal a good plea. ment, information or complaint, for an offence of which he has been acquitted, but such acquittal may be pleaded by him in bar of any subsequent prosecution for the same offence, notwithstanding any defect in the form or substance of the indictment, information or complaint on which he was acquitted. (e) Discharge for SEC. 5. If a person is discharged by the court upon an excepmatter of form tion to the form or substance of the indictment, information or complaint, he may be arraigned again upon a new indictment, information or complaint, and tried and convicted for the same offence, notwithstanding such former discharge. (e) may be tried again. Additional penalties. SEC. 6. Whenever, in the criminal laws of this State, heretofore enacted, the punishment of the offence is limited to fine and imprisonment, or to fine or imprisonment, there shall be superadded, as an alternative, the punishment of standing in the pillory for one hour, or whipping, not exceeding thirtynine stripes on the bare back, or both, at the discretion of the court. (ƒ) People shall be unreasonable seizures. CHAPTER 84. CRIMINAL PROCEEDINGS-ARRESTS. 1. Protection guaranteed people by the Constitution from unreasonable seizures and searches; when search warrants to issue. 2. When capias to issue for persons charged with crime; to whom directed. 3. Extent of process; when process to be endorsed by Judge or Justice of the Peace. 4. When persons may be arrested without warrant; how long to be kept in custody. 6. Officer when arresting a person charged with robbery or larceny, to secure property stolen; stolen property, when to be returned to owner. 7. Duty of Governor issuing warrant for arrest of fugitives from justice from other States. 8. Proceedings to be had on arrest. 9. Proceedings for the arrest of fugitives from Justice. 10. Costs when, how, and by 5. Persons to be arrested for whom to be paid in such cases. trespass upon the Sabbath. SECTION 1. The rights of the people to be secured in their persecure against sons, houses, papers and effects, against unreasonable seizures and searches, shall not be violated; and no warrants issued but in probable cause, supported by oath or affirmation, particularly describing the place or places to be searched, and the person or persons and thing or things to be seized. (a) Search war rants, when to issue. (e) Secs. 2 and 3, Sub-Chap. 1, Chap. 1637, Act of Aug. 6, 1868. (f) Sec. 1, Chap. 1488, Act of Jan. 15, 1866. (a) Sec. 19, Declaration of Rights, Const. 1868. to the Sheriffs SEC. 2. When any person or persons shall be presented or Capias to issue indicted for any misdemeanor or felony in any of the Circuit of the State. Courts of this State, and is not already in custody, a capias shall issue for the arrest of such person or persons, and shall be directed to all and singular the sheriff's of the State of Florida. (b) SEC. 3. In all cases where an indictable offence shall be per- Extent of petrated in this State, and process shall issue to apprehend the process. offender, such process shall have the same force and effect in another county, or in another Judicial Circuit, as it had or should have had in the county or Judicial Circuit where it is issued: Provided, That in all cases where process shall run into another county or another Judicial Circuit, the same shall be endorsed by some Judge or Justice of the Peace living in said other county or Judicial Circuit. (c) warrant. SEC. 4. A person found in a street, highway or other public May be arrested place in the night time, committing any of the offences or dis- without orders mentioned in Section 16, Chapter 72 of this Digest, may be apprehended by any sheriff, deputy-sheriff, constable, or watchman, or by any other person, by the order of any magistrate or either of said officers, without a written warrant, and kept in custody in a convenient place, not more than twenty-four hours, Sundays excepted; at or before the expiration of which time he shall be brought before a Justice of the Peace and proceeded against according to law, or discharged, as such magistrate shall determine. (d) SEC. 5. Whoever is discovered in the act of wilfully injuring Trespass on any fruit or forest trees, or committing any kind of malicious Sabbath. mischief on the Lord's day, may be arrested by any sheriff, deputy-sheriff, constable, or watchman, police officer or other person, and lawfully detained by imprisonment in the jail or otherwise, until a complaint can be made against him for the offence for which he was arrested, and he be taken upon a warrant issued upon such complaint; but such detention without warrant shall not continue more than twenty-four hours. (e) SEC. 6. The officer who arrests a person charged as principal officer shall or accessory in any robbery or larceny, shall secure the prop-secure property alleged to be stolen, annex a schedule thereof to his return, and be answerable for the same; and, upon conviction of the offender, the stolen property shall be restored to the owner, under the order of the court. (f) erty stolen. issue on de SEC. 7. It shall be the duty of the Governor of this State, warrant to when demand shall be made of him by the Executive of any mand made. State or Territory, of any fugitive from justice, in the manner prescribed by the act of Congress, approved 12th of February, 1793, to cause said fugitive to be arrested and secured, either by making public proclamation or by issuing an order to that (b) Sec. 1, Chap. 871, Act of Jan. 14, 1859. (e) Sec. 26, Act of Nov. 29, 1828. (d) Sec. 25, Sub-Chap. 8, Chap. 1637, Act of Aug. 6, 1868. (e) Sec. 80, Sub-Chap. 4, Chap. 1637, Act of Aug. 6, 1868. (f) Sec. 29, Sub-Chap. 4, Chap. 1637, Act of Aug. 6, 1868. Proceeding on arrest. Proceedings for arrest of fugitives. paid. effect, as he may deem most expedient, under his hand and the seal of the State, directed to all and singular the sheriff's of this State, therein commanding them to arrest the fugitive therein named; and it shall be the duty of any sheriff, upon receiving such order, forthwith to execute the same. (g) SEC. 8. When any fugitive shall be arrested, he or she shall be immediately committed to some safe jail or prison; and it shall be the duty of the sheriff or deputy-sheriff, upon such arrest being made, to notify the Governor thereof, and also of the jail or prison to which said fugitive shall be committed; and said fugitive shall be dwelt with as by said act of Congress is provided. (g) SEC. 9. Upon an affidavit made before any Judge or Justice of the Peace of this State, that any person within the territorial jurisdiction of such Judge or Justice is a fugitive from justice from another State, specifying the State from which such person is a fugitive, and the crime with which he is charged, when and where committed, and that there is a warrant for his arrest issued by a competent court of the State from which he has fled, such Judge or Justice of the Peace may issue a warrant for the arrest of the alleged fugitive, who, when arrested, shall be brought at once before the Judge or Justice issuing the warrant, or before some other Judge or Justice having jurisdiction in the premises, and examined; and if, upon such examination, there is found to be probable cause to justify the detention of the alleged fugitive he may be committed by the Judge or Justice for a period of time not to exceed ten days to await the warrant for the extradition of the alleged fugitive; but if, upon such examination, there is not found probable cause to justify the commitment of the alleged fugitive as aforesaid, he shall be at once discharged from custody. (h) SEC. 10. No Judge, Justice of the Peace, sheriff, constable Costs, by whom or other officer shall be obliged to take any action in or about the arrest and detention of such alleged fugitive from justice, nor shall any sheriff or jailer be obliged to receive or keep in custody such alleged fugitive, without prepayment of the costs to which the officer of whom the service is demanded shall be entitled, and in case of the sheriff or jailer, upon the commitment of such alleged fugitive from justice, the prepayment of the jail fees, including the cost of feeding the prisoner; and all such fees and costs shall be the same as are or may be provided for by law in like cases, and neither the State of Florida nor any county thereof shall be responsible or liable for any costs or expenses in the premises. (h) (g) Sees. 1 and 2, Act of Feb. 9, 1835. (h) Sees. 1 and 2, Chap. 3257, Act of Feb. 17, 1881. CHAPTER 85. CRIMINAL PROCEEDINGS-COMMITMENT AND BAIL. 1. Excessive bail nor excessive fines shall not be required or imposed. 2. All offences except capital ones bailable. 3. Security may be given for fines and costs in criminal cases. 4. Conditions of such bond; by whom approved. 5. To whom made payable; execution, how issued upon default of payment of bond. 6. Manner of making order for commitment to another county in certain cases; costs, by what county paid; territorial effect. 7. Seire facias, when and how issued on forfeited bonds or recog nizances. 8. Proceedings to be had before jury. 9. Persons beyond jurisdiction of court made parties by publication. 10. Justification of security shall relieve officers of responsibility in taking bail. 11. Duty of court where there is a presumption of perjury by witness; witnesses in such case may be bound over. 12. Power of Judge to admit to bail in certain cases. 13. Bail may be required for infractions of all penal laws. SECTION 1. Excessive bail shall not be required, nor exces- Excessive bail sive fines imposed, nor cruel or unusual punishment be inflicted, and fines. nor shall witnesses be unreasonably detained. (a) offences. SEC. 2. All persons shall be bailable by sufficient sureties, Bailable unless for capital offences when the proof is evident or the presumption great. (a) 688. costs. SEC. 3. Persons convicted of criminal offences in this State, Bail or security who shall have a pecuniary fine or sum of money assessed or for fine and adjudged against him, her or them as punishment 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 or security for the payment of such fine and the costs of prosecution adjudged against such person or persons. (b) SEC. 4. Such bail or security shall be by bond, conditioned Bond. for the payment of such fine and costs, executed by the defendant and one or more good and responsible persons, to be approved by the court rendering the judgment, if in session at the time, or by the sheriff or other officer charged with the execution of such judgment. (b) SEC. 5. The bond provided for in the preceding section shall How payable. be made payable in ninety days from the date thereof, to the Governor of this State and his successors in office, and if not paid by the expiration of said ninety days, the sheriff or other officer as aforesaid shall endorse thereon that default has been (a) Secs. 6 and 7, Declaration of Rights, Const. of 1868. (b) Secs. 1 and 2, Chap. 141, Act of Jan. 6, 1848. Default in payment of. Order for confinement in county. made in the payment thereof, and shall sign such endorsement, and file said bond with the clerk of the court in which such judgment was rendered, and such clerk shall forthwith issue execution for the amount of such fine and costs against such security or bail, as if there had been judgment at law on such bond, and the same proceeding shall be had thereon as in cases of other executions, and the person or persons convicted as aforesaid shall be liable to be proceeded against as if no such bond had been given, until the same shall be fully paid and satisfied. (b) SEC. 6. Whenever, in the opinion of the Governor, the interests of the State demand it, it shall be the duty of the Circuit jail of another Judge, on the request of the Governor, to make an order directing that any person or persons held under a criminal charge shall be confined in the jail of another county of the State than that in which the offence charged is alleged to have been committed: Provided, however, No such order shall be made by any Judge of any circuit other than the circuit in which the county in which the offence is alleged to have been committed is located. Nothing in this section shall require the county to which the person or persons so charged or convicted is sent, or any officer thereof, to incur or pay any expense or charge of maintaining such person or persons. Such orders shall be of full force and effect throughout the State. (c) Costs. Territorial effect. issue on for feited bonds or recognizance. SEC. 7. Whenever any bond or recognizance has been taken Scire facias to for the appearance of any person before any court in this State, charged with a criminal offence, and he fails to appear or give his attendance in conformity with the bond or recognizance, the Clerk of the Circuit Court shall issue a scire facias against the principal and sureties to show cause at the next term of the Circuit Court why judgment should not be entered up and execution issue for the penalty thereof. (d) SEC. 8. The matter shall then be submitted to the court and Proceedings. jury for their adjudication, without further pleadings. (d) Notice. Justification of security shall relieve officer. Duty of court SEC. 9. In case any of the signers of the bond or recognizance should be beyond the jurisdiction of the court for service, then he or they shall be made parties by publication in some newspaper published within the State, for three months. (d) SEC. 10. Whenever security is required to be taken, and the person taking the same is not acquainted with the situation of the security tendered, it shall be his duty to require him or them to justify on oath, and such justification shall exonerate the person taking the security, from all liability for any insufficiency in security. (e) SEC. 11. When it appears to a court of record that a witness where presump. Or a party who has been legally sworn and examined, or has tion of perjury made an affidavit, in any proceeding in a court of justice, has by witness. so testified as to induce a reasonable presumption that he is (b) Sec. 3, Chap. 141, Act of Jan. 6, 1848. (e) Secs. 1 and 2, Chap. 3267. Act of Feb. 14, 1881. (d) Secs. 1, 2 and 3, Chap. 1417, Act of Dec. 3, 1863. (e) Sec. 58, Act of Nov. 22, 1828. |