Section 12-17-96

Duty of clerk when convict indicted; convict not to be released until bail given.

The clerk of any circuit court shall, without delay, certify a copy of any indictment in his court against a convict sentenced to the penitentiary or to hard labor for the county to the head of the department having supervision over convicts; and such convict, if pardoned for the offense for which he is sentenced, shall not be discharged until he enters into a recognizance to answer such indictment at the next session of the court in which the same is pending, if the case is bailable, or is otherwise legally discharged from such indictment.

(Code 1867, §769; Code 1876, §675; Code 1886, §772; Code 1896, §938; Code 1907, §3276; Code 1923, §6730; Code 1940, T. 13, §207.)