The gazette and Democrat. (Lancaster, Ohio) 1860-1860, 1860-04-26
AN ACT

AN AOL
To regulate the taxation and payment Of
costs in certain cases.
SEC. l Be it enacted by the General As
sembly of tie State Of Ohio, That the costs Of
prosecution, so far as relates to the fees Of
constables justices, sherifS, witnesses and
clerks, shall be made out by the different
officers claiming the same, specifying the
different items comprising the same accord
ing TO the acts regulating the fees Of civil
officers in civil and criminal casos, and the
acts directing the mode Of trial in criminal
cases, and shall be by such persons lodged
with the clerk Of tho court before which any
criminal may be convicted during the time
in which such conviction may be had, and
the clerk shall make out under his hand and
the seal Of said court a true copy Of all such
charges, which shall be examined, aud il cor
rect, the same shall be allowed by the judge
Of said court, and forwarded with such con-
vict and delivered by the sheriff to the war;
den of the penitentiary and the sheriff shall
receive eight cents per mile going to and re-
turning from said penitentiary to be compd-
ted from the seat Of justice Of the county in
which the conviction took place, by the usu-
al route Of travel, and he shall also receive
the sun Of five cents per mile for transport
ing every such convict, and shall be allowed
one guard for every two convicts so trans
ported, 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 if at any term Of the court
there should be more than one person con-
yicted, it shall he 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 opin-
ion of the court q greater number shall DO
necessary for the safe transportation of such
convicts, q certificate whereof shall be made
out by the clerk under the seal Of the court
and delivered to the sheriff, and he shall de-
liver the certificate to the warden OF the
penitentiary, who shall be governed thereby
in making out his order for the payment Of
such transportation; and all charges ofprose-
cution and transportation made out agreea'
bly, to the provisions Of this act and Of the
several acts herein referred to shall be de-
livered to the said warden, and il upon exam
nation he shall find them to be correct, no
shall certify a correct copy thereof with his
allowance thereof, to the Auditor Of State,
and the Auditor 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
ofany guard who shall not have actually as
sisted in the transportation ofsuch convicts;
and also provided, the sheriff shall not be en-
titled to charge mileage for himsclffor trans
porting any ~conyicts to the penitentiary Oh
tener than once every twenty days.
SEC. 2. That the act entitled IAN act to
amend the act entitled an act making pro-
vision for carrying into effect the act for the
punishment Of crimes" passed February q,
1885, and an act entitled ian act regulating
the fees Of sheriffs in civil and criminal cases,
passed March IL, 1887" passed January A.,
1888, be and the same is are hereby repeal
ed.
SEC. 3. This act shall take effect and be
in force from and after its passage.
RICHARD C. PARSONS,
Speaker Of the House Of Representatives.
ROBERT G. KIRK,
President ofthe Senate.
Passed March %, 1860.