as aforesaid, the attorney bringing or prosecuting said suit shall be liable for said costs and charges, and if adjudged against said plaintiff, an execution may issue against said attorney for the same. (b) SEC. 3. If any plaintiff or complainant, after the institution Removal after of any suit, should remove himself or his effects out of this suit instituted. State, it may be lawful for the defendant, giving thirty days' previous notice to the opposite party or his attorney, to move to dismiss the suit for want of security for costs: Provided, That the said plaintiff may enter into bond for the payment of costs, and the case proceed as if it had before been given. (c) SEC. 4. In all cases the party recovering the judgment shall Judgment recover also all his legal costs and charges, and shall have exe- for costs. cution for the same: Provided, This section shall not be construed to relate to executors or administrators in cases wherein by law they are not liable to costs of suit. (d) cree shall have SEC. 5. If either party in a suit shall pay any costs therein Party paying before judgment, decree or disposal of the case, such party shall cost before dehave the right, if he, she or they recover judgment against the judgment. opposite party, to have the amount so paid by him, her or them taxed and included in his, her or their judgment: Provided, That each distinct item of costs so paid be particularly enumerated in the bill. (e) SEC. 6. It shall be the duty of the clerks of the several courts Taxation to tax the costs accruing to each case when the same is deter- of costs. mined, or at the close of each term of the court, if required, 4 Fla., 441. and to keep a duplicate of the bill of costs on file among the Fla., 478.7 original papers in the suit. (e) SEC. 7. When a bill of costs shall be taxed by the clerk and approved of by the Judge of the court wherein the services have been rendered, it shall have the force and effect of an execution, and shall be collected by the sheriff as in other cases of execution, and it shall not be necessary to issue executions therefor. (e) 5 13 Fla., 337. How collected. When and how SEC. 8. Any witness, when the cause in which he or she is attending as a witness is continued, (except in cases in behalf collected. of the State,) shall have the right to make out and approve before the clerk or Justice of the Peace, or other person issuing the subpoena, his or her account for attendance, mileage, etc., and to demand of the party at whose instance he or she may have been summoned, the payment thereof; and if default be made in the payment of the same, such witness shall not be considered in contempt of court for non-attendance thereafter as a witness in such case in behalf of the same party : Provided, He or she shall make proof of such demand; and every witness' account made out and proven as aforesaid, and signed by the clerk, Justice, or other person issuing the subpœna, shall have the force and effect of an execution, and may (b) Sec. 8, Act of Nov. 23, 1828. (e) Secs. 5, 6 and 7, Chap. 73, Act of Jan. 6, 1847. Charges for constructive service prohibited. Bill of costs. be levied by any constable of the county upon the goods and chattels of the party for whom the services were rendered, and collected in like manner as executions from a Justices' court: Provided, nevertheless, That any witness shall have the right, at his or her option, to defer making out his or her account until the suit in which he or she shall attend as a witness is determined, and have the same taxed in the bills of costs in the suit. (f) SEC. 9. No officer shall make two charges for the same official act or service, nor charge for any constructive service. (g) SEC. 10. Fees shall in all cases of suits be taxed in the bill of costs, and collected with the judgment and other costs of the suit: Provided, That each distinct item of costs shall be particularly enumerated in the bill of costs. (h) SEC. 11. The clerks of the Circuit Courts, sheriffs, constaRecord of costs. bles, county judges and justices of the several counties of this State shall keep a book in which they shall record an itemized account of all the costs they charge against parties having business with them. Said book shall be at all times open for the inspection of parties wishing to examine the costs charged in any case, or for any service rendered by said officer or officers. Open for inspection. Neglect, &c., to meanor. (i) SEC. 12. If any officer neglects or refuses to keep said book keep, a misde- and keep a record of the costs he charges, he shall be guilty of a misdemeanor, and upon conviction shall be fined not exceeding three hundred dollars, or imprisoned not exceeding six months, or fined and imprisoned, at the discretion of the court. Such books shall be prima facie evidence in the courts of officer any the amounts charged therein in all cases in which is indicted for charging more costs than is allowed by law: Provided, This law shall not go into effect until six months after its passage, approved March 7, 1881. (i) Record to be evidence. Penalty for overcharges. Mode of proceeding to recover. SEC. 13. When any witness or officer of a court shall wilfully and knowingly charge or levy more than he or she is really entitled to, such witness or officer shall forfeit and pay to the party injured four times the amount so unjustly claimed, to be recovered on motion before the court wherein the services were rendered. (j) SEC. 14. It shall be competent for any person or persons, feeling aggrieved by any charge made for costs, by any such officer, to have the correctness of the same determined by a court and jury, on giving five days' previous notice to the officer making such objectionable charge, stating in said notice the time and place, when and where the same shall be inquired into; and it shall be the duty of the clerk of the court before which such officer is notified to appear, to enter such cause for trial on the day specified in the notice aforesaid, and said cause (f) Sec. 1, Chap. 73, Act of Jan. 6, 1847. (g) Sec. 3, Chap. 1535, Act of Dec. 11, 1866. (h) Sec. 3, Chap. 73, Act of Jan. 6, 1847. (i) Secs. 1, 2, 3 and 4, Chap. 3252, Act of March 7, 1881. (j) Sec. 2, Chap. 73, Act of Jan. 6, 1847. shall be tried on that day or as soon thereafter as practicable, reference being had to the state of the business in which the court may on that day be engaged: Provided, however, That either party shall be entitled to a continuance of the trial thereof, from time to time, by showing sufficient cause to the court for such continuance. (k) SEC. 15. It shall be the duty of the court to administer to the jury empanelled to try the legality of such charge, the fol- Oath of jury. lowing oath: "You and each of you do solemnly swear that you will truly and faithfully examine whether, in the matter of controversy between said has been guilty and of extortion, and a true verdict render. So help you God." (7) SEC. 16. The jury in returning their verdict, if they find for Verdict. the plaintiff, whether in a civil or criminal action, shall also find the amount which has been improperly collected, and thereupon it shall be the duty of the court in which such trial is had, to enter up judgment for four times the amount found by Judgment. the jury as aforesaid, in favor of plaintiff, on which judgment execution shall issue as in other cases. (m) CHAPTER 41. COSTS IN CRIMINAL ACTIONS. 1. No costs, in cases of acquit tal, against the defendant. 2. When Court may order costs to be taxed against the State; duty of clerks. 3. Costs of prosecution in cases of convictien to be entered against convicted person. 4. When party unable to pay costs, Court may discharge without payment. 5. What charges to be allowed against the State. 6. Costs in capital cases, upon whom taxed; when State to pay. 7. Certificate must be attached to bill of costs before audited. 8. Capias for fines, when to issue; to have effect of fi, fa. 9. Capias not to issue in civil cases. 10. Duty of Sheriffs upon receiving capias. No cost on SECTION 1. No defendant in a criminal prosecution who shall be acquitted or discharged therefrom, shall be liable for any acquittal. costs or fees of the court, or of any Justice of the Peace, or any ministerial officer, or for any charge of subsistence while detained in custody. (a) SEC. 2. If the defendant, in any indictment, except indict (2) Sec. 4, Act of March 10, 1843. (7) Sec. 5, Act of March 10, 1843. (1) Sec. 6, Act of March 10, 1843, as amended by Sec. 2, Chap. 73, Act of Jan. 6, 1847. (a) Sec. 3, Chap. 76, Act of Dec. 29, 1846. fendant in crim Court may or- ments for assault and battery, libel or trespass, shall make oath der costs of de- in writing, and the sheriff of the county where said indictment inal cases to be was found shall also certify that said defendant is utterly unable taxed against State-when. to pay the cost of said prosecution, the court shall order that the said costs as they accrue be taxed against the State; and the clerk of said court shall issue certificates against the State for costs due to witnesses summoned by said defendant, in the same manner as if they had been summoned by the State, and shall immediately forward a copy of said order to the Comptroller. (b) Costs of prosecution. When party unable to pay costs. Rent of court prisoners, &c. SEC. 3. In all cases of a conviction for crimes or misdemeanors under the laws of this State, the costs of prosecution shall be included and entered up in the judgment rendered against the convicted person. (c) SEC. 4. In all cases not capital, when it shall be made to ap pear from due proof made in open court, that the person convicted is wholly unable to pay costs, and that the judgment has in other respects been complied with, the court before which such person was convicted shall have power to discharge him or her without the payment of costs. (c) SEC. 5. No charge for rent of court-house, jail room or other house, guarding house for confining prisoners, or for guarding prisoners any longer than it may be necessary for transferring such prisoner to a jail or place of safe-keeping, or during the session of court at which such prisoner may be arraigned, or to which he may be brought for trial, shall be allowed against the State. (d) Costs in criminal cases. When State shall pay. Certificate to bill of costs. Capias for fines, SEC. 6. In all capital cases, the costs, in cases of conviction, shall be entered up against the prisoner or defendant; and the bill of costs, when taxed by the clerk, and certified in the manner now required by law to give a bill of costs the force of an execution, shall have the force of an execution, and may be levied upon any property of the prisoner or defendant found in the State: Provided, The sheriff shall return said bill to the office of the clerk, and make affidavit thereon that sufficient property cannot be found to pay the same, and state in such affidavit the amount left unpaid after exhausting all the property found, the said bill, or the balance unpaid thereon, shall then be audited by the State Comptroller, and such amount as he may allow, shall be paid out of the State treasury. (d) SEC. 7. All accounts for costs in criminal cases, where they are payable by law out of the State treasury, shall be sworn to by the claimant, certified to be correct, and the charges proper, by the clerk of the court at which such costs may ac crue, before the same shall be audited by the State Comptroller. (d) SEC. 8. Whenever any person shall be adjudged to pay to the State of Florida fines, forfeitures, fees or costs, a capias (b) Sec. 3, Chap. 1001, Act of Dec. 22, 1859. (c) Secs. 1 and 2, Chap. 76, Act of Dec. 29, 1846. (d) Secs. 6, 7 and 8, Chap. 159, Act of Jan. 8, 1848. may be issued against the body of the person so adjudged to pay; and the said capias shall have, in addition, the force and effect of a fieri facias, and shall contain the clause or substance thereof usually contained in said writs, and may be levied upon any property, real or personal, not exempt from levy under execution, as provided by law, of the person so adjudged to pay. (e) Capias not to cases. SEC. 9. So much of the above section as refers to the issuing issue in civil of a capias shall not apply to civil cases, when the State is a party. (e) 17 Fla., 223. Duty of Sheriff capias. SEC. 10. It shall be the duty of the respective sheriffs of this State forthwith, upon receiving the capias aforesaid, or such when receiving other process and order of court as may be issued, to proceed to collect the said fines, fees, costs or other moneys so adjudged to the State, and to pay the same over into the treasury of this State. (e) CHAPTER 42. COTTON-BUYERS OF UPLAND SEED COTTON TO BE LICENSED. 1. County Commissioners may issue license to all dealers in upland seed cotton. published in the county to have 2. This law to be recorded and law. in the seed." SECTION 1. The Board of County Commissioners may require License to buy all persons who engage in the business of buying upland cot- upland cotton ton in the seed to obtain from them a permit or license therefor, which permit or license shall be signed by the clerk and countersigned by the president, and shall run for one year from its date, and shall contain a condition that the person obtaining the same shall not buy any upland cotton in the seed at any hour before sunrise and after sunset of any day: Provided, That nothing in this chapter shall be construed as giving to the County Commissioners the power to discriminate between dealers in their counties. (a) ute and state SEC. 2. The Board of County Commissioners, when requir- Record and pubing the permit or license aforesaid, shall, at their meeting in lication of statJuly of each year, or as soon thereafter as practicable, have a ment as to copy of this chapter spread upon their record book, with a licenses. statement as to the time they will be prepared to receive applications for such permits or licenses, and shall also cause a copy of the same, with the said statement, signed by the president, to be published by posting at five or more public places in said County, including the court-house, at least twenty days before (e) Secs, 5, 6 and 7, Chap. 217, Act of Jan. 9, 1849. (a) Sec. 1, Chap. 3143, Act of March 8, 1879. |