§ 16-90-116 — Taking of bond or note for misdemeanor fine and costs

(a) Whenever any person is convicted of a misdemeanor by any court or justice of the peace and gives security for the fine and costs adjudged against him or her, the county sheriff or other officer taking the security shall forthwith file the bond or note so taken with the clerk of the court or justice of the peace rendering the judgment. (b) (1) The bond or note, when so filed, shall have the force and effect of a judgment. If the bond or note is not satisfied at maturity, the clerk of the court or the justice of the peace, as the case may be, shall issue an execution against the defendant and the securities. The execution so issued shall have the same force and effect as other executions in criminal cases. (2) If the clerk of the court or justice of the peace shall fail or refuse to issue execution as provided in this subsection within sixty (60) days after maturity of the bond or note, he or she shall be liable to indictment for a misdemeanor and upon conviction shall be fined in any sum not less than the amount of the judgments.

Legislative History

Acts 1887, No. 148, § 1, p. 274; 1897, No. 37, § 1, p. 47; C. & M. Dig., §§ 3278, 7560; Pope's Dig., §§ 4126, 9634; A.S.A. 1947, § 43-2317.