Fees of Sheriffs. county to which such prisoner was removed be liable for such costs or fees. For removing any prisoner upon a change of venue granted in his case, or who is arrested on a warrant issued by a justice of the peace, or on an indictment, and confined in a county other than that in which he is triable, or arrested for contempt, or as a defrauding witness, three dollars for himself or his deputy acting in his stead, and two dollars for each guard for each day they are respectively engaged in such removal, together with the actual necessary traveling expenses of himself or deputy, and guard or guards, and prisoner or prisoners, while on the trip, by the nearest route usually traveled between the points from and to which such removal is made, to be paid by the state in case of felonies, and by the county when the offense committed is a misdemeanor, upon his sworn statement and account therefor, accompanied by a certificate of the clerk of the court in which the prisoner is, or will be, triable, that such fees have been reported to and docketed, or will be docketed by him. If such prisoner is convicted the clerk of the court in which conviction is had shall tax the costs of such removal against him, and shall immediately upon the adjournment of the court, issue execution therefor, and for the other costs, and deliver the same to the sheriff of his county, and such sheriff, upon the collection of the cost of such removal, shall pay the same over to the state treasurer. (Feb. 19, 1867, p. 715; Dec. 11, 1882, p. 14; Feb. 17, 1885, p. 166; Feb. 28, 1887, p. 96; Feb. 27, 1889, p. 120; Dec. 12, 1892, p. 101, § 1.) Taxes do not extend to or against the sovereign or state unless expressly provided; the king shall neither pay nor receive costs, was the rule at common law.-State v. Brewer, 59 Ala. 130. Proper items composing bill of costs.-Trapp v. State, 122 Ala. 394 (25 So. 194). Fees of sheriff for executing process from justice's court; payment of sheriff's fees out of convict fund.-Trapp v. State, 122 Ala. 394 (25 So. 194). When execution for fees for feeding prisoner not authorized. -Hendon v. Delvichio, 137 Ala. 594 (34 So. 830). Sheriff not entitled to extra compensation for attendance upon regular term of county or circuit court.— Torbert v. Hale Co., 131 Ala. 143 (30 So. 453). Costs in preliminary proceedings when defendant is bound over follow the case in court and are taxed at the end, but if the defendant is discharged, they cannot be taxed against the fine and forfeiture fund.-Hawkins v. State, 124 Ala. 102 (27 So. 215). On a confession of judgment under this statute, sureties do not become liable for sheriff's fees for feeding defendant while in jail, such is not a part of the fine and costs within the meaning of the statute.-Ex parte State, 121 Ala. 327 (25 So. 563). This was formerly a part of the costs, but not so now; it was changed by § 4872 of the Code of 1886; see, also, Bradley v. State, 69 Ala. 318; Ex parte State, 121 Ala. 327 (25 So. 563). 6639. Duty of arresting officer to commit prisoner to jail Feb. 15, or guardhouse. The arresting officer, immediately after the 1899, p. 57, § 2. Feb. 15, 1899, p. 57, § 2. Ib., § 3. Fees of Sheriffs. arrest of said prisoner or prisoners, shall commit him or them to any jail or guardhouse nearest to the place of arrest, and notify the sheriff of the county in which the said prisoner or prisoners are triable, of the fact that he has committed him or them to jail. 6640. Sheriff, being notified, applies to judge of probate for removal order.-The sheriff, upon receipt of such notification, shall apply to the judge of probate of his county for a removal order, having first secured the recommendation of the presiding judge of the county, or circuit solicitor, certifying that in the interest of justice the said order should be granted or issued. 6641. Indorsement on removal order.-The arresting officer shall make the following indorsement on the back of the removal order: "This is to certify that I have this of his deputy, delivered to sheriff of day county, or to the within named prisoner or prisoners, Sheriff of county." 6642. (4566) Guards; application therefor to be in writing under oath; when allowed.—Whenever the sheriff makes application for the employment of a guard in the removal of a prisoner, 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 office of the judge of probate of the county to which such removal is made, and the judge making the order of removal, if he grants the application for a guard, shall indorse thereon that he has investigated the facts and believes a guard to be necessary. But 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. (Dec. 12, 1892, p. 101, § § 2, 3.) 6643. (4567) Auditor may prescribe route to be traveled in removing prisoners.-The state auditor, with the approval of the governor, may, from time to time, as he deems necessary, prescribe the routes which shall be taken in the removal of prisoners; and after the sheriff has been notified of the route so prescribed, no compensation shall be paid him for the removal of a prisoner carried by any other route. (Dec. 12, 1892, p. 101, § 4.) 6644. (4568) Two preceding sections apply to county as well as to state removals.-The provisions of the two preced Fees of Sheriffs. ing sections apply alike to cases in which removal fees are payable by the county, and by the state. (Dec. 12, 1892, p. 101, § 5.) 6645. (4569) Expense of bringing back absconding felon on requisition, how paid.-Any sheriff or other person commissioned as agent of this state to receive from another state any prisoner for removal to this state to answer a charge of felony, is entitled to receive actual expenses and two dollars per day while going to and returning from the place where the prisoner is arrested or confined, to be paid, on the approval of the governor, as in other cases of removal of prisoners by sheriffs. (Feb. 10, 1891, p. 546.) 6646. (4570) (4873) (5044) (4340) (789) Same; how taxed and paid. The fees specified in this article, except where some other provision is made by law, are to be collected and paid in the following manner: The fees which accrue against defaulting jurors, witnesses, and bail are to be paid by them respectively, unless excused by the court. The fees for services rendered in each criminal case must be taxed against the defendant on conviction, or may be taxed against the prosecutor, under the provisions of section 7302 (5041); and if an execution is returned "no property found, or if the costs are not otherwise taxed, such costs must be paid by the state, except when they are payable by the county. Unless otherwise provided, accounts due to sheriffs, which are payable by the state, must be proved in open court before the presiding judge of the circuit or city court, and certified by him to be correct, or be certified by the clerk of the circuit or city court, and sworn to before the judge of probate; and, being so certified and proved, must be presented to the state auditor, accompanied by the affidavit of the sheriff, to the effect that the same is correct, and that no part thereof has been paid; and, if found correct, the state auditor must draw his warrant on the state treasurer for the amount thereof, which must be paid out of any money in the treasury not specially appropriated. No sheriff must be paid out of the state treasury any fee or allowance whatever, on account of any prisoner who has escaped from his custody; but the commissioners' court may, in their discretion, pay such fees and allowances as are payable by the county, notwithstanding the escape of the pris Amended, Fees of Coroners. oner, if satisfied that such escape was not caused by the connivance or negligence of the officer having charge of him. (Feb. 18, 1891, p. 1397; Dec. 11, 1882, p. 14.) Proper items composing bill of costs. Trapp v. State, 122 Ala. 394 (25 So. 194). Fees of solicitor pro tem taxable as other costs.-Trapp v. State, 117 Ala. 227 (23 So. 829). Form and sufficiency of judgment for costs.-Nelson v. State, 46 Ala. 186. Can a defendant be imprisoned to enforce payment of costs, quere?-Nelson v. State, 46 Ala. 186. 6647. (4571) (4874) (5063) Fees of bailiffs.-Bailiffs shall Dec. 13, receive two dollars per day while in attendance upon the circuit, city, criminal, or probate court, to be paid in the same way that regular jurors are paid. 1900, p. 82, $1. (Mar. 19, 1873, p. 135.) (r.c.c.) 6648. (4572) (4875) (5045) (4341) (790) Coroners' fees.The coroner is entitled to the following fees: For going to and returning from the place where he For holding an inquest, when ordered by a judge of a For each subpoena For each warrant of arrest For each bond or undertaking returned to court.. For all other services performed by him, in cases author- And all local or special laws in conflict herewith are 100 25 50 50 500 (Aikin's Digest, p. 189, § 1; Feb. 1, 1872, p. 66; Mar. 1, 1881, p. 118, § 2.) No claims chargeable against county except such as the law imposes; services Fees of Justices of the Peace. of physician rendered at coroner's inquest; only one fee allowed physician or surgeon.-Naftel v. Mont. Co., 127 Ala. 563 (29 So. 29). The fact that the cause of death was known before investigation does not prevent the allowance of fees; special statute for Jefferson county does not repeal general law.Jefferson Co. v. Abernathy, 139 Ala. 264 (35 So. 881). 6649. (4573) (4876) (5046) (4342) (791) Fees for inquest; (r.c.c.) how taxed and paid; post-mortem examination and fees therefor; other fees.-Fees for holding inquest shall be paid out of the county treasury, when the inquest has been held under the order of a judge of a court of record or circuit or county solicitor and in the opinion of the court of county commissioners or board of revenue, the inquest should have been held; and such fees must be also certified by the coroner, to the clerks of the circuit and city courts of the county, and must be taxed as costs against any person who is convicted for killing the person on whose body the inquest was held, and be collected like other costs in criminal cases; and, when collected in cases in which the county has paid the same, shall be paid to the county treasurer for the use of the county; and in other cases to the coroner. No fees shall be paid for an inquest when it is publicly known before the jury is summoned who caused the death of the deceased, or when the slayer has been arrested for the homicide; but in such case, if the immediate cause of the death is uncertain, a physician or surgeon may be summoned to make a post-mortem examination, who shall give his opinion in writing as to the cause of the death, which must be returned by the coroner as inquests are returned by him, and such coroner, physician, or surgeon shall be entitled to the same fee and mileage, to be paid in the same manner as for attending an inquest; such fees as accrue to coroners for services rendered by him in discharging duties of sheriff, must be taxed, collected, and paid in the same manner that sheriffs' fees for like services are taxed, collected, and paid. Claim must be audited and allowed by commissioner.-Hawkins's case, 103 Ala. 398 (15 So. 828). 6650. (4574) (4877) (5037) (4333) (782) Justices' fees.Justices of the peace are entitled to the following fees in criminal cases-that is to say: |