Section 15-6-40 - Appeal to circuit court; form of undertaking on appeal(a) Any person required to keep the peace under the provisions of Article 2 of this chapter by any judge other than a judge of an appellate or circuit court is entitled, on entering into an undertaking with sufficient sureties in a sum equal to that required of him to keep the peace for the prosecution of an appeal and in the meantime to keep the peace, to an appeal to the circuit court of the county. The judge from whose order the appeal is taken may require such witnesses as he thinks necessary to enter into an undertaking, in the sum of $100.00 each, to appear at such court.(b) Any person committed to jail by any such judge for failing to give security to keep the peace may appeal to the circuit court and may thereupon be discharged from custody on giving bond with surety, in such penalty as the judge may prescribe, conditioned for his appearance at such court and to keep the peace towards all the people of the State of Alabama for the period of 12 months, unless sooner discharged by law; and any person who has been required to give bond to keep the peace and has given such bond may appeal in like manner, upon giving security for the costs of such appeal, but such appeal shall not supersede the obligation of such peace bond, unless the court which tries such appeal shall discharge the defendant. A trial by jury on such appeal may be had by the defendant if demand is made therefor at the time of the filing of the bond on the taking of the appeal.(c) The undertaking on the appeal under this section may be in substance as follows: "The State of Alabama, } | An order having been made by A.B., a (district or municipal) judge requiring (here insert the |
______ County. | |
name of the defendant) to keep the peace towards all the people of this state and particularly towards (here insert the name of the person against whom, or against whose property there is reason to fear the offense may be committed), from which order the said defendant has taken an appeal to the circuit court of said county; now, therefore, we (here insert the names of the defendant and his sureties) agree to pay the State of Alabama (here insert the amount required by the judge) dollars, if the said defendant fails to prosecute his appeal to effect, and in the meantime to keep the peace towards (here insert the name of the person against whom, or whose property there is reason to fear the offense may be committed.)
Dated this the _____ day of _____, 20__. | |
| (signed) A. B. |
| C. D. |
| E.F. |
Approved, L.M., (District or Municipal) Judge."
Ala. Code § 15-6-40 (1975)
Code 1852, §§419, 420; Code 1867, §§3968, 3969; Code 1876, §§4038, 4039; Code 1886, §§4692, 4693; Code 1896, §§5173, 5174; Code 1907, §§7532, 7533; Code 1923, §§5150, 5151; Code 1940, T. 15, §§413, 414.