79.08
Hearing and judgment.
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79.08 Hearing and judgment.—The court, justice, or judge before whom the prisoner is brought shall inquire without delay into the cause of the prisoner’s imprisonment, and shall either discharge the prisoner, admit him or her to bail or remand him or her to custody, as the law and the evidence require; and shall either award against the prisoner the charges of his or her transportation, not exceeding 15 cents per mile and the costs of the proceedings, or shall award the costs in the prisoner’s favor, or shall award no costs or charges against either party, as is right. The clerk of the court in which such action is pending shall issue execution for the costs and charges awarded.
History.—s. 5, Sept. 16, 1822; s. 8, ch. 3129, 1879; RS 1777; GS 2254; RGS 3577; CGL 5441; s. 29, ch. 67-254; s. 418, ch. 95-147.
Notes of Decisions
Cited in 1
case, 1997–1997 · leading case: Bard v. Wolson
Bard v. Wolson (1997)
“" § 79.08. In the present case, the trial court seemed to be following to some extent the habeas corpus procedure set out in Florida Rule of Appellate Procedure 9.”
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