CHAPTER 226.

GUARANTEE, SURETY OR BOND COMPANIES. 7006.

1897, p.

232.

7006. (3105) Guarantee company or corporation doing busi- Feb. 12. ness without authority, bond not invalid.-Any guarantee 830, § 13 company or any corporation doing a guarantee business, mak- Const. ing bonds, giving security or becoming surety upon any bond, (r.c.c.) contract, or obligation in this state, or any officer or agent of such company or corporation who shall carry on or transact such business or a business of like kind and character of that of guarantee companies, without first obtaining the certificate from the secretary of state, as provided by law, authorizing such company or corporation to carry on or transact such business, or who shall carry on or transact such business after the authority to do so has been revoked by the secretary of state, as provided by law, shall be guilty of a misdemeanor, and, upon conviction, must be fined not exceeding one thousand dollars. Nothing, however, in this section shall render invalid any bond or undertaking executed by such company or corporation.

CROSS REFERENCES.

GUARANTEE, SURETY, OR BOND COMPANIES (Political Code). 1507-1524

7395

7583

GUIDE-BOARDS, OFFENSES CONCERNING (Criminal Code)

GUNPOWDER (Criminal Code)

CHAPTER 227.

HABEAS CORPUS. 7007-7048.

7007. (4812) (4761) (4936) (4260) (709) Who entitled to writ; when the proper remedy.-Any person who is imprisoned or restrained of his liberty in this state, on any criminal charge or accusation, or under any other pretense whatever (except persons committed or detained by virtue of process issued by a court of the United States, or by a judge thereof. in cases of which such courts have exclusive jurisdiction under the laws of the United States, or have acquired exclu

sive jurisdiction by the commencement of suits in such courts), may prosecute a writ of habeas corpus, according to the provisions of this chapter, to inquire into the cause of such imprisonment or restraint.

(Aikin's Digest, pp. 347-350, § 1; Clay's Digest, pp. 462-469, § 1; Toulmin's Digest, p. 225, § 5.) Where prisoner held under judgment and sentence from municipal court under ordinance alleged to be void.-Bray v. State, 140 Ala. 172 (37 So. 250). When constitutional guaranty of jury trial not violated.Bray v. State, 140 Ala. 172 (37 So. 250). Jurisdiction of circuit judge in matter of habeas corpus.-Ex parte State, ex rel. Brooks, 51 Ala. 60. Prohibition to restrain habeas corpus proceedings.-Ex parte State, 73 Ala. 503. Habeas corpus proceedings where prisoner is held under extradition proceedings; jurisdiction of state courts to inquire into legality of arrest; what criminal may be extradited under constitution and acts of congress. What question open for review on writ of habeas corpus.-Ex parte State, in re. Mohr, 73 Ala. 503. Who are committing magistrates in this state.-State v. Humphrey, 125 Ala. 110 (27 So. 969). Discharge where party held under preliminary proceedings; when probate judge cannot determine question of right to discharge; amount of bail and commitment without bail, etc.-State v. Humphrey, 125 Ala. 110 (27 So. 969). Hearing of habeas corpus compelled by mandamus.-Ex parte Charleston, 107 Ala. 688 (18 So. 224). Bail fixed at one preliminary hearing not a bar to another preliminary proceeding; defendant having made bail fixed at one hearing not exempt from a second proceeding of like kind.-Ex parte Robinson, 108 Ala. 161 (18 So. 729), overruling Skelton v. Robinson, 104 Ala. 98 (16 So. 74); Vaughan v. State, 121 Ala. 41 (25 So. 727). Defendant convicted of grand larceny, sentenced to imprisonment in county jail, and to hard labor for the county not released on habeas corpus.-Ex parte Thomas, 113 Ala. 1 (21 So. 369). Discharge on habeas corpus when illegal or erroneous punishment or sentence is being effected. Ex parte Thomas, 113 Ala. 1 (21 So. 369). It is not the office of habeas corpus to review or correct errors or irregularities of other courts, however gross.-Ex parte Chandler, 114 Ala. 8 (22 So. 285). After conviction and sentence defendant not entitled to be discharged upon executing original appearance bond.-Ex parte Williams, 114 Ala. 29 (22 So. 446). Convict under illegal and void contract of hire discharged on habeas corpus.-Ex parte Shortridge, 115 Ala. 126 (22 So. 557). A justice of the peace cannot bind over defendant in cause of which he has jurisdiction, but if it be an offense of different grades, the higher of which the justice has no jurisdiction, he may then bind over the defendant.-State v. McFarland, 121 Ala. 45 (25 So. 625). A convict rearrested for violation of parol by the governor held not entitled to be discharged.-Fuller v. State, 122 Ala. 32 (26 So. 146). A defendant cannot be sentenced to hard labor for costs when the punishment is imprisonment in the county jail alone, and if so sentenced will be discharged on habeas corpus.-Ex parte Hill, 122 Ala. 114 (26 So. 230). A convict should not be discharged unless contract, confinement, or employment is void. Haralson v. State, 123 Ala. 89 (26 So. 653). Proceedings to obtain bail.-Ex parte Stallings, 142 Ala. 112 (38 So. 261). Defendant in bastardy proceedings sentenced to hard labor upon failure to give statutory bond should not be discharged.-Bell v. State, 121 Ala. 77 (27 So. 271). Validity of judgment and sentence for forgery cannot be tested by habeas corpus.-Benson v. State, 124 Ala. 92 (27 So. 1). Is defendant entitled to be discharged under sentence of felony because record fails to show appointment of special judge who tried the case?-Roberts v. State, 126 Ala. 87 (28 So. 744); s. c., 126 Ala. 74 (28 So. 741; 30 So. 554). When prisoner will not be discharged but remanded to other custodian.-Roberts v. State, 126 Ala. 87 (28 So. 744); s. c., 126 Ala. 74 (28 So. 741; 30 So. 554). Prisoner under sentence for violation of void municipal ordinance released upon habeas corpus.-Brownrigg v. Livingston, 126 Ala. 93 (28 So. 616); State v. Shugart, 138 Ala. 86 (35 So. 28); Ex parte Bizzell, 112 Ala. 210 (21

So. 371). Escaped convict detained by sheriff.-McQueen v. State, 130 Ala. 136 (30 So. 414). Probate judge no jurisdiction to discharge on habeas corpus if person confined under order of circuit court.-Hall v. State, 130 Ala. 139 (30 So. 502). To determine custody of bastard child.-Mathews v. Hobbs, 51 Ala. 210. When it appears that no offense has been committed or that there is no probable cause for charging prisoner therewith.-Ex parte Charleston, 107 Ala. 688 (18 So. 224). Prisoner confined under mittimus from mayor's or recorder's court.-Pruitt v. State, 130 Ala. 147 (30 So. 451). Prisoner should not be discharged during life of mittimus, but after its death, without an order of the court to continue his confinement, should be discharged.-Young v. State, 131 Ala. 51 (31 So. 373); Graham v. State, 136 Ala. 134 (33 So. 826). Convict detained at other place than that to which he is sentenced by reason of quarantine regulations.-O'Neil v. State, 134 Ala. 189 (32 So. 667). Appeal alone does not suspend sentence; convict sent to penitentiary pending appeal.-White v. State, 134 Ala. 197 (32 So. 320). Court should not bind defendant over to another court when it has final jurisdictian, and if improperly bound over, discharged on habeas corpus.-Blevins v. State, 134 Ala. 213 (32 So. 637). Court cannot elect to try person for one grade of an offense and then put him upon trial for a higher. Blevins v. State, 134 Ala. 213 (32 So. 637). A prisoner committed with out bail on preliminary hearing and being subsequently allowed bail on petition to probate judge, state cannot appeal.-State v. Berkstresser, 137 Ala. 109 (34 So. 686). Jurisdiction of one justice or magistrate after attaching for preliminary trial cannot be usurped or ousted by habeas corpus proceeding.— State v. Sistrunk, 138 Ala. 68 (35 So. 39); State v. Humphrey, 125 Ala. 110 (27 So. 969). Prisoner not entitled to be discharged from custody because nɔt sentenced within thirty days from verdict and judgment.-Seelye v. State, 138 Ala. 83 (35 So. 27). When prisoner will not be discharged on petition alleging that he had been denied his constitutional right of a speedy trial.— Sample v. State, 138 Ala. 259 (36 So. 367). When prisoner will be discharged on habeas corpus before preliminary trial had on ground and theory that no offense was committed.-State v. Young, 139 Ala. 136 (36 So. 19); State v. Shugart, 138 Ala. 86 (35 So. 28). Discharging minor from custody as an apprentice. Shows v. Pendry, 93 Ala. 248 (9 So. 462). As to jurisdiction of state courts to discharge enrolled conscript from custody of Confederate states officer.-Ex parte Hill, 38 Ala. 458. Statutes on habeas corpus do not take away common-law right to the writ.-Kirby's case, 62 Ala. 51. Proper remedy when one sentenced to hard labor is confined in jail instead of being put to hard labor.-Kirby's case, 62 Ala. 51; Ex parte Pearson, 59 Ala. 654; Stewart's case, 98 Ala. 66 (13 So. 660); Crew's, case, 78 Ala. 457; Goucher's case, 103 Ala. 305 (15 So. 601). Also, where justice of the peace imposes void sentence.-Ex parte McKivett, 55 Ala. 236. Also, where unauthorized sentence imposed for violating municipal ordinance.-Ex parte Moore, 62 Ala. 471. Also, where sentence is in excess of jurisdiction; but not where the sentence is irregular merely, and not void.-Ex parte Brown, 63 Ala. 187; Ex parte Simmons, 62 Ala. 416; Ex parte State, 71 Ala. 371. Not appropriate remedy in imprisonment for contempt.-Ex parte Hardy, 68 Ala. 303. Scope of inquiry where party committed by chancellor for contempt.-Ib. Not the remedy to test putative father's right to custody of a bastard child.Matthews v. Hobbs, 51 Ala. 210. When lies by a father for the custody of his child.-Ex parte Murphy, 75 Ala. 409. Although the writ is matter of right, it is not granted unless showing of party entitles him to relief.— Ex parte Campbell, 20 Ala. 89. The proper remedy to get case before supreme court when bail refused below.-Ex parte Croom, 19 Ala. 561; Jones's case. 94 Ala. 33 (10 So. 429); Richardson's case, 96 Ala. 110 (11 So. 316). See note to 6335. Not remedy in case of unauthorized discharge of jury.-Ex parte Champion, 52 Ala. 311. Nor for disqualification of presiding judge.Ex parte State, 76 Ala. 482. Nor for failure of jury to ascertain degree of murder.-Ex parte Dover, 75 Ala. 40. When defendant not under indictment, may be discharged.-Ex parte Champion, 52 Ala. 311. Defendant committed in bastardy proceedings is entitled to writ.-Ex parte Charleston, 107 Ala.

688 (18 So. 224). Mandamus will lie to compel hearing of writ, though not to direct decision or discharge.-Jones's case, 94 Ala. 33 (10 So. 429). Whether writ will be awarded or not is a judicial question, but whether it will be heard or not is a ministerial one.-Ib.; Charleston's case, 107 Ala. 688 (18 So. 224). Burden and sufficiency of proof on hearing of right to bail on habeas corpus.-Ex parte Hammock, 78 Ala. 414; Ex parte Rhear, 77 Ala. 92; West's case, 100 Ala. 65 (14 So.. 901) (Ex parte Champion, 52 Ala. 311, criticised). Where held under void process.-Long's case, 87 Ala. 46 (6 So. 328); Reynold's case, 87 Ala. 138 (6 So. 335). When held under two processes, one valid and one void.-Gibson's case, 89 Ala. 174 (7 So. 833). Prisoner entitled to discharge unless offense committed and probability of his guilt shown.-Riley's case, 94 Ala. 82 (10 So. 528). Unreasonable delay in executing sentence of law entitles prisoner to discharge.—Rand's case, 99 Ala. 302 (14 So. 540); Goucher's case, 103 Ala. 305 (15 So. 601). Party committed by justice of peace in cause in which he had final jurisdiction.-Prewitt's case, 99 Ala. 225 (13 So. 317). Prisoner is not entitled to discharge on account of neglect of clerk to forward transcript.-Cameron's case, 81 Ala. 87 (1 So. 20). Prisoner held on charge of fraudulently obtaining board at hotel not entitled to discharge.-King's case, 102 Ala. 183 (15 So. 524). Where party is bound over to grand jury and it finds no bill and does not continue case, prisoner should be discharged.-Stearnes's case, 104 Ala. 93 (16 So. 122). In extradition cases.-Ex parte Barker, 87 Ala. 4 (6 So. 7).

7008. (4813) Person confined in jail under peace proceeding entitled to writ.-Any person confined in jail for failing to enter into an undertaking to keep the peace as required by a magistrate other than a judge of the supreme court or a chancellor, may prosecute a writ of habeas corpus as provided in this chapter; but such writ can be heard only by a judge of the circuit or city court, or a chancellor, who may discharge the applicant, or remand him to jail, or reduce the amount of the undertaking, as may seem right; and if the amount of the undertaking is reduced, the sheriff must discharge the applicant upon the entering into the undertaking in the sum fixed by such judge or chancellor.

(Dec. 12, 1892, p. 106.)

7009. (4814) Persons confined as insane.—Any person confined as insane may prosecute a writ of habeas corpus as provided in this chapter; and if the judge, or the jury, when the petitioner demands the issues arising to be tried by a jury, shall decide at the hearing that the person is insane, such decision does not bar a second application alleging that such person has been restored to sanity.

(Feb. 19, 1887, p. 54, § 4.)

7010. (4815) (4762) (4937, 4938) (4261, 4262) (710, 711) Application made by petition on oath; what petition must state. The application for the writ must be made by petition, signed either by the party himself for whose benefit it is intended, or by some other person on his behalf; must be verified by the oath of the applicant, to the effect that the state