The Portland gazette. [volume] (Portland, Me.) 1818-1824, 1821-05-22
LAW Oh MAINE.
AN ACI providing tor the payment oi costs
~ Cnmlual Prosecutors.

m Cnm'usl Proseculious.
SECT. /. Be a s.ssssd By tie Ss.of. ard H.as II
Representatives., is Lsgi,IotE,e anersb.es, rhs. 10 al
case wherein any cosss 10 any er.misa pro.ecu.
ton, commenced esther before the Supreme Judi
ca! Court or CIrcu' CouTt Of Common Pleas 10
any County IA his si2fe, the Court before whom
such prosecution 60 commenced (haVing cogniz
ance " he oHsoeel cha. have power 90 allow aCd
such COTS for yuf.ce,, officers and their afis
tants Jurors and gitues,es sud for Court add 9th
&c ca uges upo0 such prosscution, aud preyiou, TO
i,s dsermn alton not exceeding The fees that are OF
may be 'tatsd by law whether he perlon accus-
ed be bFoushr TO trial or MOI. or whether he be
conyicted o. acquitted upon triAl And al fuch
coats so faxed, .h.Il be PAID out of the County
Treasury ProVidsd That no Justice Of the Peace
.ha ereafter have power 70 Issue sumnonse, for
wnrslies TO appear Al aay Court, s before any
iuiee of the peace, except on complaint brought
before himsef, TO give evidence 10 behalf of the
State upon any cfIm.nai suit, unless u be by the
Teqcet of the Attorney General or Counry Attor
ney, which requelt ihal be exprtGei ID the sum-
mons and when any ju0ioe OF the peace hs 10
sue any srmmcn', Al the request of ,he parry pro-
secuted, Il ihail he 50 expressed IN the summons,
and the witness fhal therein be required TO appear
aud give evidence upon condition UGH person pro-
secuted pays ham hiS legal ites but 20, otheIwIie
al each Of said Courts fhli aest and deliver 10 the
county treasurer copies OF all bills Of costs allowed
by the lad Courts, and certfc ares Of all fines and
torfeturei lmpo'ed and accTuipg TO the State or 10
the County, Ell her before the IsIpg thereof CT
foon sfier may he z iball also deliver 10 him a
separate certificate Of all the bile of cot, allowed
by said Court. setting down therein the sum total
ouly OF each for the purpose hereaftes mention
ed aud ihe ciers Of said Court, fhai aso lie he'd
10 return into the treasury Of the state a certG-
cate of ali fines and forieitures imposed 10 the use
Of he SAFE by their respective Courts
SECT. 3. Be % /Evfb0 enat!ss, That all htrifFs,
coroners and consta5ies who may hereafter receive
any fines, forfeitures or bills of COST ia pursuance
OF the Judgment or sentence OF either of ,ad Courts,
as wei where such fines or forfeituIes accrue TO
the state rs where they accrue TO the county, e. :
cept debts and costs received upon executions in
favor Of the state. fhsll forthwith pay the same 20
the trea>ur of the county IN which they shall be
received And If any fheriif or other officer re-
ceiviDg such fne forfeiture, or bills of costs,
shalt neglect 10 pay he same for the space of ten
days after receipt thereof, he laIi forfeit and pay
double che amount of ,uch foe or forfeiture and
billo costa 10 such county treasurer who is here
by empowered and directed TO sue for the same
forthwith, TO be recovered with costs, by acton
Of debt 10 the Circuit Court of Common Pleas, ia
she same county, enc third Of said penalty 20 the
use of such county treasurer, the other two thsds
TO the use ofrae STATE And If any fherIf or 9th
&c fhcer, ihali permit any person who may be
sentenced TO pay any Ene, forfeiture, or bill of
coli, and oommltIed 40 the cutody of such iheri.f
othe office gaoef, Till Iuch sentence be per
formed, 10 60 al large wnhou paymut unless by
order Of law, and lhailnC pay such foe, forfeit
ures and costs, to tie ccunEy treasurer, within
twenty days next after "a eco. Pc he shall b. held
20 pay double the sum at such fne, foffeIjures and
cost and the treasurer CT The county shall have
powerto sue Tor anu recover the same, ia The came
manner aud TO the same u'e ~ is herein before
provided. And every sheriff and other officer a,
fortmentioned, fhall be held to produce TO said
Courts respectively, az every session thereof 10
their county, receipts 10 full from the county
treasurer for all lines, forfei'urss aud costs m2os
ed By ssid Courts respectively. received aud paid
previous 10 the ittng of such Courts, or TO as,gu
the cau,e why they have NOT received or not paid
the same, IN order thai such Court, may order a
proseeu ion against such as shall appear TO be de
lpquen,.
SECT. 4. BE a. further enacted. That every Jus
tice OF the Peace, be, and he hereby is directed to
pay all fines and forfeitures by him received upon
convictions and sentences before himself as well
those which accuTe to the state as those which
TO the county, to the treasurer of the coua-
ty whereof ne Is justice of the peace and that
he render has account and pay such fines on or
before the first day of October next, and after
wards once in every six months. And If any Jus.
tice of the peace shall neglect to account for and
pay in such fines aud foneitur-s to the treasurer
OF the county, whereof hsas justice as aforesaid,
he shall forfeit and pay for every such neglect
the Of thirty dollars to such county a.urer
to be by him recovered as aforesaid with costs,
one halt of such forfeiture to his own use and the
other half to the of the state. And il shall
be the duts ofevery county treasurer, from time
to time, to call upon the justices ofthe peace
within his county, and 10 require them 10 &C
count TO hm Tor and pay IN such fines and for
FIXTURES, and 10 prosecute such as shall be de-
linquent.
SEcr. 5. BE al further snacIed, That every
county treasurer, shall, within two months after
the rising of the Supreme judicial Court, make
out and transmit To the treasurer of the State an
account upon oath, therein charging the state
with all bills of costs allowed and taxed by said
Court, and by the Circuit Court Of Common Pleas
in and for each county respectively, for which
the clerks certificates above mentioned shall be
sufficient vouchers; and a commission Of FIVE per
cent, on all monies received and paid, aud Civ
ing credit for all fines, orteitures aud costs &C
cruing to the State and by him received as a.
foresaid, aud 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, At shall be pai5 him or his order, out
OF any unappropriated monies IN the treasury
as soon may be by the treasurer of the state,
said account having been first laid by him be-
fore the Governor and Council for their examip-
alton and allowance, and their warrant there
upon by him obtained io' payment Of the same.
And any county treasurer who shall neglect to
make out and transmit his account as aloIe-