CHAPTER LXXXII.

An Act providing for the payment of Costs in Criminal Prosecutions.

Courts anthor

and tax costs in

rors, witnesses,

tices, &c.

of the county

SEC. 1. BE it enacted by the Senate and House of Repre sentatives, in Legislature assembled, That in all cases wherein ized to allow any costs in any criminal prosecution, commenced either be- cases before fore the Supreme Judicial Court or Circuit Court of Common them, for JuPleas in any county in this State, the Court before whom such officers, Jusprosecution so commenced, (having cognizance of the offence,) shall have power to allow and tax such costs for Justices, officers and their assistants, Jurors and witnesses, and for Court and other charges, upon such prosecution, and previous to its determination, not exceeding the fees that are or may be stat ed by law; whether the person accused be brought to trial or not, or whether he be convicted or acquitted upon trial: and To be paid out all such costs so taxed, shall be paid out of the county trea- treasury. sury: Provided, That no Justice of the Peace shall hereafter have power to issue summonses for witnesses to Court, or before any Justice of the Peace, except on com- nesses for plaint brought before himself, to give evidence in behalf of the State upon any criminal suit, unless it be by the request of the Attorney General or County Attorney, which request shall be expressed in the summons: and when any Justice of the Peace shall issue any summons, at the request of the party prosecuted, it shall be so expressed in the summons, and the witness shall therein be required to appear and give evidence upon condition such person prosecuted pays him his legal fees, but not otherwise."

appear

at any

Justices of the Peace not to summon wit

State, in crim

less, &c.

Treasurer at

bills of costs al

tificates of

SEC. 2. Be it further enacted, That the Clerk of each of Clerks to deliv said Courts shall attest and deliver to the county Treasurer er to county copies of all bills of costs allowed by the said Courts, and cer- tested copies of tificates of all fines and forfeitures imposed and accruing to lowed, and certhe State, or to the county, either before the rising thereof or fines, &c. as soon after as may be and shall also deliver him a sepa: rate certificate of all the bills of costs allowed by said Courts, setting down therein the sum total only of each, for the purpose hereafter mentioned; and the Clerks of said Courts shall And also to realso be held to return into the treasury of the State, a certifi- State treasury cate of all fines and forfeitures imposed to the use of the State fines imposed by their respective Courts.

turn to the

certificate of

to use of State.

bles to pay

costs, &c. by

to the county

SEC. 3. Be it further enacted, That all Sheriffs, Coroners Sheriffs, Coronand Constables who may hereafter receive any fines, forfeit- ers and Constaures or bills of cost, in pursuance of the judgment or sentence fines, penalties, of either of said Courts, as well where such fines or forfeitures them collected, accrue to the State, as where they accrue to the county, ex- Treasurer. cept debts and costs received upon executions in favor of the State, shall forthwith pay the same to the Treasurer of the county in which they shall be received: and if any Sheriff Penalty for or other officer, receiving such fine or forfeiture, or bills of neglect. costs, shall neglect to pay the same for the space of ten days

Penalty for

Sheriff's, &c.

permitting

person sentenced to pay a

fine. &e. to go

payment of

such fine or costs.

after receipt thereof, he shall forfeit and pay double the amount of such fine or forfeiture, and bill of costs to such county Treasurer; who is hereby empowered and directed to How recovered sue for the same forthwith, to be recovered with costs, by acand appropri ated. tion of debt in the Circuit Court of Common Pleas, in the same county, one third of said penalty to the use of such county Treasurer, the other two thirds to the use of the State. And if any Sheriff or other officer, shall permit any person who may be sentenced to pay any fine, forfeiture, or bill of cost, and committed to the custody of such Sheriff or other officer or at large before gaoler, till such sentence be performed, to go at large without payment, unless by order of law, and shall not pay such fine, forfeitures and costs, to the county Treasurer, within twenty days next after such escape, he shall be held to pay double How recovered the sum of such fine, forfeitures and costs; and the Treasurer and appropri- of the county shall have power to sue for and recover the same, in the same manner and to the same use as is herein before provided. And every Sheriff and other officer aforementionothercers ed, shall be held to produce to said Courts respectively, at the Court, every session thereof in their county, receipts in full from the County Freas County Treasurer, for all fines, forfeitures and costs imposed by for such sums, said Courts respectively, received and paid, previous to the sitting of such Courts,or to assign the cause why they have not received, or not paid the same, in order that such Court, may ororder a prosecution against such as shall appear to be delinquent.

ated.

Sheriff and

to produce to

urer's receipts

&c.

Justices of

fines and

ed by him to the county treasurer and account semiannually.

Penalty for

recovered and applied.

SEC. 4. Be it further enacted, That every Justice of the Peace to pay Peace, be, and he hereby is directed to pay all fines and forfeitures receiv- feitures by him received upon convictions and sentences before himself, as well those which accrue to the State as those which accrue to the county, to the Treasurer of the county whereof he is Justice of the Peace; and that he render his account and pay such fines on or before the first day of October next, and afterwards once in every six months. And if Deglect, how any Justice of the Peace shall neglect to account for, and pay in such fines and forfeitures to the Treasurer of the county, whereof he is Justice as aforesaid, he shall forfeit and pay for every such neglect the sum of thirty dollars to such county Treasurer, to be by him recovered as aforesaid with costs, one half of such forfeiture to his own use, and the other half to the use of the State. And it shall be the duty of every quire Justice County Treasurer, from time to time, to call upon the Justices so to account, of the Peace within his county, and to require them to acfor neglect. count to him for and pay in such fines and forfeitures, and to prosecute such as shall be delinquent.

Duty of county

treasurer to re

and prosecute

County treas

urer to trans

treasurer an

SEC. 5. Be it further enacted, That every county Treasurer, mit to State shall, within two months after the rising of the Supreme Judiaccount, on cial Court, make out and transmit to the Treasurer of the gusts in Courts. State an account upon oath, therein charging the State with all bills of costs allowed and taxed by said Court, and by the

ath. of bills of

ing and pay

ance of such accounts.

Circuit Court of Common Pleas in and for each county respectively, for which the Clerk's certificates above mentioned shall be sufficient vouchers; and a commission of five per cent. on all monies received and paid, and giving credit for all fines, Mode of adjustforfeitures and costs accruing to the State and by him receiv- ment of haled as aforesaid, and pay the balance of such account, if in favor of the State, to the Treasurer thereof; but if such balance be in favor of the county Treasurer, it shall be paid him or his order, out of any unappropriated monies in the Treasury, as soon as may be by the Treasurer of the State, said account having been first laid by him before the Governor and Council for their examination and allowance, and their warrant thereupon by him obtained for payment of the same. And any county Treasurer who shall neglect to Penalty for make out and transmit his account as aforesaid, and to pay duty by County the balance if any be due, to the State, as aforesaid, within Treasurer. the time aforesaid, shall forfeit and pay the sum of one hundred dollars to the use of the State, to be recovered with costs, Mode of recov by action of debt, in the Circuit Court of Common Pleas, in ering penalty. the county whereof he is Treasurer: and the Attorney Gene- Attorney Genral, upon notice of such neglect, from the Treasurer of the State, which he is hereby required forthwith to give, shall be, delinquents. and hereby is authorized and required to prosecute such action without delay, to final judgment and execution. And the said county Treasurer shall be also held notwithstanding the recovery of the penalty aforesaid, to account for and pay the balance of all such fines, forfeitures and costs, accruing to the State, into the Treasury thereof.

neglect of this

eral required to

prosecute such

urer to render

a

to Governor

fines, bills of

SEC. 6. Be it further enacted, That it shall be the duty of County trensevery county Treasurer, in addition to the accounts required general se by the fifth section of this Act to be exhibited, to make out and count annually exhibit on the third Wednesday of January annually, to the and Council, of Governor and Council a general account of their proceedings, costs, &c. therein crediting the State for all monies by them respectively received, by warrants on the Treasury, or for fines, forfeitures and bills of cost, and from whom and in the same account charging the State for all payments by them actually made before that time, and the balance due, if any, to credit to the State in a new account; and every county Treasurer shall at the same time, make out and transmit as aforesaid, an form of such account of all sums due, and to whom, on any bills of cost allowed and taxed by the Supreme Judicial Court and Circuit Court of Common Pleas, and also an account of all fines and forfeitures, and bills of cost within their counties respectively, which belong to the State, and which may be then remaining unpaid, and from whom the same shall be due; and shall be further held to make out and exhibit such other statements, accounts and returns, as the Governor and Council shall judge to be necessary or expedient, for a just and accurate settlement of said Treasury transactions with the State under

Substance and

account.

by Courts to

be paid, unless

in 3 years.

manded within

this Act, and as the said Governor and Council shall from time to time require.

SEC. 7. Be it further enacted, That all sums taxed or alSums allowed lowed, or which may hereafter be taxed or allowed, and all individuals, on other charges which have arisen or may arise, in any cutions, not to criminal prosecution before the Supreme Judicial Court, or demanded with any Circuit Court of Common Pleas, and which by law are chargeable to the State, shall be claimed and demanded by the person or persons who are or may be entitled to receive the same of the county Treasurer, within three years next after the same were or may be taxed or allowed, and not afterwards. And all persons not claiming or demanding such allowances, within the time above limited, shall be forever afterSums not de- wards debarred therefrom. And it shall be the duty of every that time, to County Treasurer in his general account, required to be exbe credited to hibited to the Governor and Council on the third Wednesday county treasur- of January, to credit the State with all such sums allowed by either of said Courts remaining in the county Treasury not Sums taxed for claimed or demanded within the time abovementioned; and fees of Attor also for all sums taxed in any bill of cost on a criminal prosecution, for the fees of the Attorney General when no other person is entitled thereto, and the amount of such sums shall be deducted from the county Treasurer's account against the State; and every county Treasurer shall account with his county, for all sums received out of the treasury of the State, for Jury fees, and for gaoler's charges for the maintenance of prisoners.

the State by the

er.

ney General in

cases, &c. to be eredited State.

How prisoners

are to be sup.

not able to sup

and mode

proceeding in such cases.

SEC. 8. Be it further enacted, That the charges of supportported, who are ing prisoners, committed by due process of law, unable to support themselves port themselves, who now are, or hereafter may be confined proof in any gaol, upon charge or conviction of crimes and offences committed against the said State, shall be, and hereby are made the proper charge thereof: Provided however, That in no case shall there be allowed by the State, more than at the rate of one dollar a week for any such prisoner, or more than the actual charges incurred for his support, being less than that sum and the said charges shall be examined, allowed and paid as follows, to wit: The gaol keeper of each gaol in the State, shall render on oath, to the Court of Sessions of the county at each term thereof, an account of the charges incurred for the support of prisoners in the respective gaols, committed as aforesaid, stating therein the time when each prisoner was committed, for what offence, how long held, and when discharged, (if discharged,) and shall exhibit the warrants of commitment and discharge, and leave copies thereof with the said Court; and in the same account, the said gaol keeper shall credit all monies and effects whatever, received or to be receiv ed of the prisoner, or of any person on his account, and the said Court shall examine the said account, and inquire what part thereof the prisoner may be able to pay; and for such part as

he shall be found unable to pay, the said Court shall make a reasonable allowance to the said gaol keeper, to be paid out of the county treasury.

allowed by

Treasurer.

SEC. 9. Be it further enacted, That every county Treasurer Compensation shall charge to the State, not exceeding the rate aforesaid, the State to County several sums he shall so pay out of the county treasury, with two and a half per cent. for his services, and shall include the same in the accounts which he is required to render to the Treasurer of the State in and by this Act. And said payments shall make part of the debit of said accounts against the State, to be settled, allowed and discharged, as in this Act is provided. [Approved March 19, 1821]

·:0:

HACPTER LXXXIII.

An Act authorizing Courts to liberate or dispose of poor Convicts in

service.

months for

viction before

Justice of the

disposed of in

SEC. 1. BE it enacted by the Senate, and House of Repre- persons impris sentatives, in Legislature assembled, That where any person oned for three shall have been convicted of any crime, either before a Jus- costs, after contice of the Peace, or any Circuit Court of Common Pleas, or Sup. Ju. Court, in the Supreme Judicial Court, and imprisoned three months c.c.C. Pleas, or for costs of prosecution only, the Circuit Court of Common Peace, may be Pleas, for the county where the person has been imprisoned, service; may order the Sheriff to dispose of such convict in service to any person whomsoever, for a term not exceeding two years, for payment of the costs for which he has been imprisoned as aforesaid; and if such disposal cannot be made, the same posal cannot be Court may order the Sheriff to liberate such convict, on such may be liberatterms, or on such conditions as they may think most benefi-ed on such concial to the State and county. And either of said Courts hol- Courts may di den for the same county, may, at any term hereafter, on motion as aforesiad, order the Sheriff of their respective counties to liberate any convict in such county in manner as aforesaid, after his having been imprisoned three months for costs

and if such dis

made, conviet

ditions as the

rect.

when not ob

as aforesaid. And when the costs aforesaid are not obtained costs how paid by means of the liberation, they shall be paid as is provided ained of conby law for the payment of costs where there is no conviction. viet. And the several Sheriffs are hereby required duly to execute the aforesaid orders, and to make return of their doings therein to the respective Courts.

has been confin

is unable

Court or C. c.

SEC. 2. Be it further enacted, That the Justices of the Su- When prisoner preme Judicial Court, and the Justices of the several Circuit ed 3 months for Courts of Common Pleas, within this State, be, and they here-ne and costs, by are authorized, at any term of their respective Courts, on to pay, S. J. motion made for that purpose, to order the Sheriff of said Com. Pleas county, to liberate from prison any poor convict who shall liberated on have been committed to prison by the order of any Justice of giving to the Peace, or of the said Circuit Court of Common Pleas, or urer for amount

may order him

of costs.

treas