Section 11-53-9 - Costs paid from deposit

In case of a deposit of money or certified check for costs, if the costs be adjudged against the party making the deposit, the clerk or justice shall pay the costs out of the deposit, and the residue to the party entitled thereto. If the party making the deposit be not liable for costs, the whole of the deposit shall be returned to him.Codes, 1880, § 2364; 1892, § 866; 1906, § 943; Hemingway's 1917, § 652; 1930, § 659; 1942, § 1570.