Holmes County Republican. [volume] (Millersburg, Holmes County, Ohio) 1856-1865, 1860-05-03

mo. So. AN ACT
To regulate the taxation and payment o.
Costs in certain cases.
SECTION 1. Be 1t enacted by the Gen.
eral assembly Of the State Of Ohio, That
the costs of prosecution so far as relates TO the
fees of constable justices, sherifs, witnesses and
clerks. shall be made out by the different Off
GERS claiming the same. specifying the different
items comprising the same according to the acts
regulating the fees of civil officers in civil and
criminal eases, and shall be by such persons
lodged with the clerk of the court before which
any criminal may be convicted during the time
in which such convictions may be had , and the
clerk shall make out under his hand and the
seal of said court true copy of all such charges,
which shall be examined, and if correct, the
same shall be allowed by the Judge of said
court, and forwarded with such convict and de-
livered by the sheriff 10 the warden of the per-
itentiary, and the sheriff shall receive eight
cents per mile going to and returning from
said penltentlary, computed from the seat of
justice of the county in which the convention
took place by the usual route of travel, and he
shall also receive the sum of five cents por mile
for transporting every such convitc, and shall
transported, and shall receive six cents per mile
for the services of each guard So employed. TO be
computed for the same distance as the sheriff;
and ii at any term of the court there should be
more than one person convicted, it sahll be the
duty of the clerk to make out an order directing
the number of guards not exceeding one guard
to every two convicts, exclusive of the sheriff,
unless in an extraordinary case, when, in the
opinion of the court greater number shall be
necessary for the safe transportation Of such
conyicts, certificate whereof shall be made out
by the clerk under the seal of the court and
delivered to the sheriff. and he shall deliver the
certificate to the warden of the penitentiary
who shall be governed thereby in making out
out his order for the payment of such transpor-
tation; and all charges of prosecution and trans
portation made out agreeably to the provisions
of this act and of several acts herein referred to
shall be delivered to the said warden, and if
upon examination he shall find them to be cor
rect. he shall certify correct copy thereof with
his allowance thereof, to the Auditor of State,
and the Aaditor shall, upon presentation of
such certified copy and allowance, issue his
warrant for the amount upon the Treasurer
of State, who shall pay the same; provided, no
allowance shall be made for the payment OF
any guard who shall not have actually assisted
in the transportation of such convicts; and also
provided, the sheriff shall not be entitled to
charge mileage for himself for transporting any
convicts to the penitentiary oftener than once
every twenty days.
Sec. 2. That the act entitled can act to
amend the act entitled an act making provis-
ions for carrying into effect the act for the pun
ishment of crimes, passed February 25, 1885,
and an act entitled ''an act regulating the fees
of sheriffs in civil and criminal cases. passed
March 13, 1881" passed January 4, 1888, be and
the same is [are] hereby repealed.
Sec. 8. This act shall take effect and be in
force from aud after its passage.
RICHARD c. PARSONS,
Speaker of the House of Representatives.
ROBERT G. KIRK,
President of the Senate.
January %, 1850.