Costs and Fees in Preliminary Proceedings. For complaint made before him ... .$ 25 For issuing warrant of arrest For issuing search warrant For issuing a warrant in bastardy proceedings. For each order of continuance 50 75 100 50 50 25 25 25 100 25 For each judgment on forfeited bond or undertaking... 50 25 50 For issuing warrant for person knowingly concealing or 6651. (4575) (4878) (5038) (4334) (783) Same; how taxed and collected.-In prosecutions before a justice of the peace, where the case is not taken to the circuit or city court by appeal, or otherwise, the fees above specified, for such services as may be rendered in the case, must, unless otherwise provided, be taxed by him as costs, and collected by execution, as in cases tried in the county court; and, in all other cases, must be certified by him to the court to which the proceedings are removed, or to which the process is returnable, and there taxed and collected like other costs. Fees in preliminary trials for defendant bound over follow the case into court and are taxed at the end as the statutes require, 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); McPherson v. Boykin, 76 Ala. 602. Feb. 28, 1901, p. 157, § 1. ARTICLE 8. COSTS AND FEES IN PRELIMINARY PROCEEDINGS. 6652. 6652. Costs and fees in preliminary trials.-Whenever a defendant is convicted and sentenced to the penitentiary, or to hard labor, the costs of the committing magistrate and constable on preliminary trial, both together, not to exceed ten dollars, and the fees of the state's witnesses before the committing magistrate, not to exceed ten dollars, shall be taxed in the bill of costs in the same manner, and paid out of the same fund, at the same time and in the same way, as is Fees of Constables. provided by law for the payment of other items of costs incurred by the state; but the committing magistrate shall receive no pay unless he reduces to writing the evidence taken on the preliminary trial, as required by law. 6653. (4576) (4879) (5039) (4335) (784) Constables' fees. -Constables are entitled to the following fees in criminal cases-that is to say: For executing a search warrant by day For executing a search warrant by night For executing any other warrant or writ of arrest..... For serving each subpoena or notice issued by a justice of the peace For serving each subpoena or notice issued by the county court ... For carrying a person before a magistrate under a warrant of arrest, or to jail when committed thereto, for himself and each necessary guard, to be proved by his own oath, for each mile For performing any other service under process from the county court, the fees taxed for those services under section 6655 (4578). For carrying a prisoner to the jail of another county, when there is no sufficient jail in the proper county, the same fees that are allowed to the sheriff for similar services, to be paid in the same manner. For serving warrant against person charged with knowingly concealing or harboring person belonging to any ship or vessel, to be paid by the master.... .$1 00 2.00 150 25 3555 50 10 3.00 50 For taking and approving each bond or undertaking.... (Aikin's Digest, p. 192, § 12.) Right of sheriff to execute process from justice court; same admissible as against the convict fund.-Trapp v. State, 122 Ala. 394 (25 So. 194). 6654. (4577) (4880) (5040) (4336) (785) Same; how taxed and collected. In all criminal prosecutions, the fees specified in the preceding section, for the services rendered in the case, must be taxed as costs by the court or justice, and collected like other costs. Form of judgment and sentence to pay costs.—Nelson v. State, 46 Ala. 186. Can a defendant be imprisoned to enforce payment of costs, quere?—Nelson v. State, 46 Ala. 186. 29-AC-VOL. III SECTION. Fees in County Court. ARTICLE 10. FEES IN COUNTY COURT. 6655, 6656. SECTION. 6655. Fees in county court. 6656. Same; fees of judges to be paid out of county treasury. 6655. (4578) (4881) (5035) (4328) (777) Fees in county court. In prosecutions before the county court, the following fees shall be allowed for the services specified, and none other that is to say: For taking affidavit of complainant and issuing warrant For trial, entering judgment, and, when an appeal is taken, approving bond and certifying proceedings.... 500 For judgment on forfeited undertaking of bail... 3.00 For judgment against defaulting witness 200 For serving warrant of arrest when bail is given. 100 200 50 For serving warrant of arrest when bail is not given, and carrying defendant to court or to jail.. For serving each subpoena or notice.. The fees above specified shall be taxed against the defendant on conviction, or against the prosecutor under the provisions of section 6722 (4619), and if not paid presently, may be collected by execution; but no fee shall be taxed for services not rendered. The fees taxed for services performed by the county court, or by the judge of said court, belong to the county, and, when collected, shall be paid into the county treasury; and the fees taxed for all other services shall be paid to the officers by whom the services are performed. Judge of county court under no duty to collect sheriff's fees.-Burns v. Moragne, 128 Ala. 493 (29 So. 460). 6656. (4579) (4882) (5035) (4328) (777) Same; fees of judges to be paid out of county treasury.-The judge of the county court shall receive no other compensation than the following fees, which shall be paid out of the county treasury -that is to say: If the warrant of arrest is issued by him, then for all the proceedings had before him in each case, including bond and certified copy of proceedings on appeal.....$4 00 Fees of Jurors. If the warrant of arrest is not issued by him, then for all services in each case If the warrant is issued by him and a demand for jury is made .... For each judgment against a defaulting witness, or on forfeited undertaking of bail ... (Aikin's Digest, p. 189, § 1.) ARTICLE 11. FEES OF JURORS. 6657, 6658. 300 2 00 (r.c.c.) 200 SECTION. SECTION. 6657. Regular jurors' fees; proved by oath of juror; certificate of clerk. 6658. Tales jurors' fees. 6657. (4580) (4883) (5049) (4345) (794) Regular jurors' fees; proved by oath of juror; certificate of clerk.-Regular jurors, grand and petit, are entitled to two dollars for each day's services, five cents for each mile traveled in going to and returning from court, and ferriage and toll, to be proved by the oath of the juror before the clerk of the court, whose duty it is to give each juror a certificate, stating therein the number of days he has served, the number of miles he has traveled, the amount of ferriage and toll he has paid, and the amount of compensation to which he is entitled; which certificate shall be receivable in payment of county taxes, and any other county dues, and payable out of the county treasury. (Clay's Digest, pp. 362, 363, § § 3, 4, 5 and 7; Mar. 7, 1876, p. 174.) Claims of jurors at coroner's inquest must be allowed by the court of county com missioners. Hawkins v. Duncan, 103 Ala. 398 (15 So. 828). County certifi cates not commercial paper.-Allen v. McCreary, 101 Ala. 514 (14 So. 320). Purchase of county certificates by deputy of treasurer; payment of such certificates.-Allen v. McCreary, 101 Ala. 514 (14 So. 320); Jackson v. Dinkins, 46 Ala. 69. 6658. (4581) (4884) (5051) (4346) (795) Tales jurors' fees. Every person summoned for the trial of a capital case, under the provisions of section 7263 (5004), or for service on a coroner's jury, and attending in obedience to the summons, is entitled to the same per diem and mileage for his attendance as regular jurors, and to be paid in the same manner; other tales jurors are entitled to the same per diem for each day's attendance as regular jurors receive, to be paid in the same manner. Amended, 1899, p. SECTION. 6659. Fees and compensation of 6660. How taxed and paid. 6662. Clerk certifies claim and notes 6665. Only two witnesses allowed 6666. Witnesses' certificate; how payable; clerk not entitled to fee for issuing. 6667. Fees of state witnesses when subpoenaed in more cases than one. 6668. Witnesses' fees before jus tices of the peace. 6669. Witness claims when transferred to United States courts. 6670. Certificate of clerk of United States court. 6659. (4583) (4886) (5059) (4347) (796) Fees and comFeb. 23, pensation of witnesses.-Witnesses in criminal cases are enti tled to one dollar per day and five cents for each mile to and from their residence by the route usually traveled, and all necessary ferriages and toll. 59, § 1. (Clay's Digest, p. 600, § 7; p. 601, § 11.) Physician may be compelled to testify without being paid for professional opinion; entitled to only such fees as other witnesses.-Ex parte Dement, 53 Ala. 389. 6660. (4584) (4887) (4927, 4459) (4220, 4221) (668, 669) How taxed and paid.-The fees of witnesses, subpoenaed on the part of the state to appear before the grand jury, or before any court in which a criminal prosecution is pending, must be taxed against the defendant, if he is convicted, or against the prosecutor when the costs are imposed on him; but if the defendant is not convicted, and the costs are not imposed on the prosecutor, or if the indictment is withdrawn and filed, or the prosecution abated by the death of the defendant, or if the costs are imposed on either the defendant or the prosecutor, and an execution against him for the same is.returned "no property found," or if no indictment is found by the grand jury before whom the witnesses appear, or if a nolle prosequi is entered in the case, such fees must be paid by the county in the manner specified in section 6666 (4586). Consolidation of fine and forfeiture and general funds of county.-Scruggs v. Underwood, 54 Ala. 186. Certificate issued by clerk of court (and not that by foreman of grand jury) is the only authentication of claim.-Alston v. Yerby, 108 Ala. 480 (18 So. 559). Grand jury ticket as a claim.-Scruggs's case, 111 Ala. 60 (20 So. 642). |