Application for guard in removal of prisoner; endorsement by court if application granted; guards for prisoners charged with misdemeanors.
Whenever a sheriff makes application for the employment of a guard in the removal of a prisoner from another county, such application must be in writing and briefly set forth the facts necessitating the employment of a guard, which shall be verified by oath and filed in the district court of the county to which such removal is made. The district court making the order of removal, if it grants the application for a guard, shall endorse thereon that it has investigated the facts and believes a guard to be necessary. No guard shall be obtained for the removal of a prisoner charged with a misdemeanor, except upon the order of the Governor or a circuit judge in cases when it is necessary to protect the prisoner from violence.
(Code 1896, §4566; Code 1907, §6642; Code 1923, §3746; Code 1940, T. 15, §183.)