coming to, attending upon, and returning from, such court; and such court may also allow a just and reasonable sum for the expenses of procuring the attendance of such witnesses, and for procuring any deposition, or other document, from without this state, necessary to be used, or improved, as evidence in such prosecution, to be taxed and paid as in other cases.

Costs, when pro

SECT. 293. Whenever any person shall be charged, upon the 1845. complaint of an informing officer, with a crime cognizable only by bable cause is not the superior court, and the justice of the peace, before whom such found. complaint shall be returned, shall not find sufficient cause to bind over the person so charged, for trial, such justice shall transmit copies of such complaint, and of the proceedings thereon, with the particulars of the costs therein, to the superior court next to be held within the county where such proceedings shall have been had; and the costs of such prosecution may be taxed by said court, and shall be paid out of the state treasury, in the same manner as though the person so charged had been bound over for trial.

quisitions, how

paid.

SECT. 294. Whenever a requisition shall be made by the governor 1841. of this state, upon the executive authority of any other state, for the Expenses of redelivery of any fugitive from justice, the necessary expenses of such ascertained and requisition, and the removal of such fugitive, shall be ascertained, and allowed, by the superior court for the county, within which the crime charged against such fugitive shall be alleged to have been committed, and shall be paid from the treasury of this state; but no such expenses shall be taxed, and allowed, unless the application to said superior court, for such allowance, shall be made within one year after such expenses shall have been incurred.

SECT. 295. Every person, who shall be convicted of any crime or delinquency, shall pay all the necessary costs of his conviction before he shall be discharged; but if such person shall be acquitted, or if, being convicted, the costs of prosecution cannot be obtained out of his estate, such costs, if the trial be had in the superior court, shall be paid out of the state treasury, and if before a justice of the peace, out of the treasury of the town in which the prosecution is had; but the expenses of supporting any prisoner in a common jail, upon a conviction before any justice of the peace, shall be paid out of the state treasury; and in all cases, the clerk of said superior court may draw on the state treasurer, and such justice of the peace may draw on the town treasurer, for the amount of such costs; and such costs, if eventually recovered of the person prosecuted, shall be paid into the treasury which shall have been so drawn upon.*

*

Costs of prosecu

tion, by whom to be paid, &c.

Orders for costs town treas

SECT. 296. All orders, drawn by a justice of the peace on the 1839. town treasurer, for bills of cost in criminal prosecutions, shall spe- or cify the items of such bills of cost, and such treasurer shall pay such urer. cost to the persons severally entitled to receive the same.

SECT. 297. Whenever more than one complaint, appeal, or information, has been or shall be commenced, or pending at the same time, against the same person, before any justice of the peace, or in superior court, for more than one offense or crime, which offenses or

any

* In the code of 1650, it was provided that persons committed for delinquency should bear the charges of prosecution. In May, 1708, it was provided that the charges of prosecution should be borne by the persons prosecuted, unless it appeared that there was no reason for the prosecution. In 1784, it was provided that persons accused, whether found guilty or not, should pay all the cost of prosecution before they could be discharged, if it appeared to the court that the same was occasioned by any unlawful or blameable conduct of the accused. In 1821, the present provisions were adopted. Payment of costs is part of the punishment. Riley v. State, 16 C. R. 47.

1852. When more than one complaint is pending against the same person,

for offenses which crimes could by law have been joined, and prosecuted under one might be joined, complaint or information, the justice of the peace, or court, before the discretion of which the same is or may be pending, may, at its discretion, refuse

the court.

Costs on unsuc cessful prosecu

to tax and allow full costs on all of such complaints or informations, or any more or greater sum of costs, than would have been proper or taxable, if said crimes or offenses had been prosecuted under one complaint or information. And if two or more such complaints, or informations, shall be commenced, and pending before different justices of the peace, or in different courts, or at different times, with intent to evade the provisions of this section, said justice of the peace, and said courts, shall have the same discretionary power, as to cost, taxable therein.

SECT. 298. If any costs shall arise in any proceedings against, or tions, how paid. in prosecution of, any person informed against by an informing officer, and such person cannot be apprehended, or, being apprehended, shall, without fault of the officer, escape before he is committed to prison, or bailed, such costs, if the offense of which such person is accused is cognizable by the superior court, shall be paid out of the state treasury, and if cognizable by a justice of the peace only, out of the treasury of the town in which such offense is alleged to have been committed; and said superior court, or the justice of the peace to whom the process is returnable, are respectively empowered to give an order for the payment thereof accordingly.

1864.

SECT. 299. The compensation of jailers, for boarding prisoners, Compensation of shall be such sum as shall, from time to time, be allowed by the jailers for board of prisoners, to county commissioners in the respective counties, not exceeding three be regulated by dollars per week; and if any prisoner, during his confinement, shall become sick, and require medical attendance, a reasonable allowance may be taxed therefor.

county commis

sioners.

Witnesses may

the accused.

1889. SECT. 300. Witnesses may be summoned in behalf of a prisoner, be summoned for in any criminal prosecution, at the expense of the state; but no witness shall be so summoned, except such as shall be contained in a list which shall be shown to, and approved by, the judge, or justice, before whom the prosecution is pending.

1889.

be for coun

SECT. 301. The superior court may tax, in favor of the counsel Wander oy for the accused, in capital trials, the fees allowed to the state attorney sel for accused. and his assistant, in such cases, provided it shall appear to the court that the prisoner is poor, and unable to pay his counsel. SECT. 302.

1839.

When and how

may be allowed.

No sheriff, or other officer, or indifferent person, shall many keepers be allowed compensation for more than one keeper, on one process, except in special cases, to be approved by the court, and such keeper shall receive not to exceed one dollar for every twelve hours, and in that proportion, in lieu of all other expenses; and keeper's fees shall not be allowed, or taxed, in any case, unless the court, on inquiry, finds that such services were necessary.

1889.

No attorney fee

SECT. 303. No attorney fee shall be charged in a bill of cost, before justices. taxed by a justice of the peace, in a criminal prosecution.

No fees to bystanders.

No item, if not

allowed by law.

1841. Supreme court of

SECT. 304. No fees shall be allowed to bystanders, called as witnesses, in criminal trials.

SECT. 305. No court, judge, or justice of the shall peace, tax, or allow, any item in bills of cost, in criminal cases, except such as are authorized by law.

SECT. 306. The supreme court of errors shall, when necessary, errors to make establish rules, not inconsistent with the express provisions of any statute law, for the taxation and allowance of costs and expenses, in all criminal prosecutions and proceedings.

rules, &c.

paid.

SECT. 307. Whenever any expenses shall be necessarily incurred, 1841. in any prosecution, for which no particular provision shall have been provided for, how made by such rules, nor by statute, such sums shall be taxed and to be taxed and allowed for such expenses, as the superior court shall consider to be just and reasonable, to be paid out of the public treasury from which the cost in such case shall be payable, but the same shall not be taxed against the defendant.

Appeal may be

of fine and costs,

SECT. 308. Any person, convicted before a justice of the peace, 1850. and adjudged to pay a fine and costs only, may, notwithstanding an vacated by appelappeal, pay the fine and costs at any time before the session of the lant, on payment court, to which the appeal has been or shall be taken, without further before trial. cost, except for the copy of record, if such copy shall have been made, and in case of such payment, the appeal shall be deemed vacated. SECT. 309. The support of prisoners in the county prison, after conviction and sentence to the state prison, or to be hung, shall be oners after senpaid out of the state treasury.

1851. Support of pris

tence to state prison, how paid.

1858.

Person making post mortem ex

tled to fee, when.

SECT. 310. Whenever, in the opinion of the grand juror of any town, or the prosecuting officer of any county, or city, it shall be deemed important to ascertain the cause of death of persons, found amination, entidead under circumstances justifying the suspicion that such persons may have died from violence or poison, such grand juror, or prosecuting officer, may employ some competent person or surgeon to make a post mortem examination of the bodies of such deceased persons, to obtain the proper evidence in relation to the death of such persons, and the cause of such death; and whenever such examination shall be made by the direction of the proper authorities, as aforesaid, a reasonable compensation shall be allowed therefor, to be paid by the state; and the superior court, upon proof that such service has been rendered, may tax and allow the same.

1860. Fees of attorney for the state, for

board of prisoners after conviction.

1860.

SECT. 311. The attorney for the state, in each county, shall make examination of the bills of costs, arising from the board of prisoners in the jails of such county, after conviction, at each term of the supe- certifying bills for rior court, and certify to the correctness of the same, for which said examination and certificate of said bills of costs, said attorney shall receive the sum of fifty cents for each case, and the superior court shall tax the same, which shall be in lieu of all other fees thereon. SECT. 312. The clerk of the superior court, in each county, shall Clerk shall draw draw his orders upon the treasurer of the state, for the amount of of prisoners after the several bills of cost, taxed as aforesaid, arising from the board of conviction. prisoners, after their conviction, and shall pay the same to the persons entitled thereto; and such clerk shall be allowed the sum of fifty cents for each case, as a compensation for such service, which shall be in lieu of all commissions thereon.

orders for board

to

shall

SECT. 313. All bills of costs, in criminal prosecutions, taxed and Treasurer allowed by the superior court, shall be paid by the treasurer of the pay bills of cost state to the clerks of such court, and such clerks shall pay such courts. costs to the persons entitled to them, taking their receipts therefor; and all such costs, not demanded within six months after the rising of the court, by which such bills shall have been taxed, shall be deemed to be relinquished to the state; and such clerks shall account for the same with the comptroller, in the next settlement of their accounts, and shall be allowed a commission of five per cent. on all moneys so received and paid, except as is provided in the next preceding section.

TITLE XIII.

AN ACT CONCERNING THE DOMESTIC RELATIONS.

CHAPTER I.

OF MARRIAGE.

1856. 1857.

and how issued.

Be it enacted by the Senate and House of Representatives, in General Assembly convened:

1854. SECTION 1. That no persons shall be joined in marriage, until Marriage license the parties, or one of them, shall make application to the registrar how procured of the town in which such marriage is to be solemnized, or, in case of his absence or inability, to the town clerk of said town, and shall give such registrar or town clerk information respecting the name, age, birth-place, and residence, of each of the parties. Such regis trar or town clerk, on receiving such information, and a fee of fifty cents, shall issue his certificate that the parties therein named have complied with the provisions of this act, which certificate shall be a license, for any person, authorized by the laws of this state to join persons in marriage, to unite in marriage, within said town and that only, the parties therein named; but no such certificate shall be issued, in case the persons applying, or either of them, are minors, and under the control of parents or guardians, until such parent or guardian shall give to the registrar or town clerk a written certificate of his consent to such marriage; and any registrar or town clerk, who shall knowingly issue any such certificate, without such consent first obtained, shall forfeit to the treasurer of this state the sum of sixty-seven dollars.

1854.

Marrying without license.

Record of mar

SECT. 2. Any person, authorized by the laws of this state to join persons in marriage, who shall unite any persons in marriage, without having first received the certificate provided in the next preceding section, shall forfeit the sum of one hundred dollars.

SECT. 3. Every person, who shall unite any person in marriage, riage how made. shall indorse the fact upon the license certificate, stating the time and place of such marriage, with his signature thereto, and shall return the same to the registrar of the town in which it was issued, before or during the first week of the calendar month, next succeeding such marriage, and upon failure thereof shall forfeit the sum of ten dollars.

Certificate prima

SECT. 4. The certificates, required by the preceding sections of facie evidence. this act, shall be deemed, and taken, as sufficient prima facie evi

dence of the facts therein contained.

SECT. 5. All the penalties, which shall accrue for any vio- Penalty how dislations of the second and third sections of this act, shall be posed of. for the use of the town within which the offense is committed, and the registrar shall sue for and prosecute the same before any proper tribunal.

1847. 1855. 1865.

riage.

in mar

SECT. 6. The judges of the supreme court of errors, judges of the superior court, justices of the peace, ordained ministers belong- Who may join ing to this state, or any other state, so long as they continue in the persons work of the ministry, and any clergyman, regularly licensed according to the forms and usages of the denomination to which he belongs, and located in any society in this state, upon an engagement to continue as minister of such society, for a term of time not less than six months, and having charge thereof, may join persons in marriage, and all marriages attempted to be celebrated by any other persons shall be void; but all marriages, which shall be solemnized according to the forms and usages of any religious denomination in this state, shall be valid.*

riages confirmed.

SECT. 7. All marriages, that have heretofore been solemnized in Former marthis state by any judge, justice of the peace, ordained minister belonging to this, or any other state, who was at the time continuing in the work of the ministry, or any clergyman regularly licensed, according to the forms and usages of the denomination to which he belonged, and located in this state, and all marriages which have heretofore been solemnized, according to the forms and usages of any religious denomination in this state, shall be good and valid to all intents and purposes whatsoever.

mar

SECT. 8. Whenever a marriage license has been obtained from certain 1863. the registrar or town clerk of the town, in which either of the par- riages validated. ties contemplating marriage resides, instead of having been obtained from the registrar or town clerk of the town, wherein the marriage was to be solemnized, such marriage, if solemnized in any other town in this state, in other respects legal, shall be deemed to have been duly and legally solemnized; and the minister, magistrate, or other authorized person, who joined such parties in marriage, shall be deemed to have acted legally, and shall not be liable to any penalty for such action.

Penalty for at

SECT. 9. Whoever undertakes to join persons in marriage, know- 1865. ing that he is not authorized so to do, shall pay a fine not exceeding tempting to join five hundred dollars, or be imprisoned in a common jail not exceed- persons in maring one year, or shall pay such fine and suffer such imprisonment thority. both.

riage without au

mar

riages confirmed.

SECT. 10. No marriage, heretofore solemnized before a person Certain professing to be a justice of the peace, or minister of the gospel, or to be authorized to solemnize marriages, shall be deemed or adjudged to be void, nor shall the validity thereof be in any way affected by want of jurisdiction, or authority, in such person, if the marriage is in other respects lawful, and consummated with a full

*In 1640, only magistrates could join persons in marriage. In October, 1694, ordained ministers of the several plantations were authorized to perform this service. In 1702, the power to ministers was limited to their respective towns. In 1783, it was extended through the county. In 1820, the word "settled" was dropped. In 1847, authority was given to licensed clergymen having charge of a society for one year or more, to unite persons in marriage; and in 1855, ministers belonging to this or any other state, so long as they continue in the work of the ministry, were authorized to solemnize marriages.

Robert v. State Treasurer, 1 Root, 381. Kibbe v. Antram, 4 C. R. 134. Goshen v. Stonington, 4 C. R. 209.