The judge hearing the return to a writ of habeas corpus may in his discretion award the costs of the proceeding against either party and may order execution to issue therefor by the clerk.
(Orig. Code 1863, § 3929; Code 1868, § 3952; Code 1873, § 4028; Code 1882, § 4028; Penal Code 1895, § 1231; Penal Code 1910, § 1312; Code 1933, § 50-125.)
OPINIONS OF THE ATTORNEY GENERALPayment of costs by Board of Offender Rehabilitation in habeas corpus cases brought against wardens of various institutions should only be done upon compliance by the clerk of the taxing court with the statutory provisions; such compliance is not established by the rendering of a statement of account. 1969 Op. Att'y Gen. No. 69-218.
RESEARCH REFERENCES
Am. Jur. 2d.
- 39 Am. Jur. 2d, Habeas Corpus and Postconviction Remedies, § 167.
C.J.S.- 39A C.J.S., Habeas Corpus, §§ 377, 378.
ALR.
- Costs in habeas corpus, 81 A.L.R. 151.