The Columbian. [volume] (Bloomsburg, Pa.) 1866-1910, 1867-01-11

they did misapply the public funds in
consequence of the illegal advice of
their attorney. The responsibility
would be with the attorney, not with
them.
Previous to the adoption of the Penal
Code of 1860, the 10th section of which
repeals the 10th section ofthe Act of 23d
September, 1871, where any person was
convicted of any offence, punishable
capitally, or by imprisonment at hard la
Dor, the county was liable for costs of
prosecution, if the defendant had not
property sufficient to discharge the
same. This is the farthest that the leg
islature ever went in imposing costs
npon the county in cases of co1uictiou
for felony. And inasmuch as felonies
were generally punishable either capi-
tally, or by imprisonment at hard labor.
and as persons who had property sufii-
cient to discharge the costs were seldom
convicted of felonies, the executions
were gradually lost sight of it seems
even by lawyers, and the idea appears
to prevail that in all cases of felony. the
county is liable for the costs of prose.
cution.
But since the act of 31st March, 1860.
the county is made liable to pay the
costs of prosecution in cases of felony
only in two instances, where it is not
equally liable in cases of misdemeanor.
First, Where the Indictment is returned
ignoramus" by the grand jury. Sec
ond, Where the defendant is acquitted
by the petit jury upon trial. Never
when he is convicted.
The following list comprises most of
the felonies: Treason, misprision of trea-
son, arson, murder, voluntary man
slaughter; attempt to commit murder,
manning with intent to disfgure, iniur-
ing by explosive substances, administer.
ing stupefying mixtures with intent to
commit any felony, counterfeiting, rape,
robbery, burglary, larceny, receiving
stolen goods knowing them to have
been stolen.
iA' hlSDEM EANORS
The Supreme Court have put a strict
construction on all statutes which i'm
pose costs on counties, and the the coun-
ty can be made liable for costs on an
indictment for an offence below felony
only in one Of three ways. l. BY the
finding Of the grandj jury that the coun-
ty shall pay the costs when the bill is
returned fgaoramus; 2. BY a similar
hnding OF the travers jury when the
defendant is acquitted upon trial and
q. Dy the discharge according to law of
convict, who is sentenced to pay the
costs and does not. III. 496.
III. FELoN1Es AND M1sDEMEANops.
In cases of conviction of ony crime,
where the convict shall have been dis
charged according to law, without pay
ment OF costs, the costs of prosecution
shall be paid by the county. The "dis-
charge according to law" must be had
either under the act of insolvency, or on
reversal for error, II S g. r.. 95, or by
pardon before sentence, S & R. 4i9.
1t is not every discharge according to
law OF persons sentenced to pay costs
ana do not, that will make the coun-
W liable. 1t is also nessary that there
should be n conriction of q crime.
Hence if the grand jury return a bill
" ignoramus," in Il case other than felo-
ny, and order the prosecutor to pay the
costs, and the prosecutor having been
sentenced by the Court to pay them, is
and then discharged accord
ing to law without having paid them,
the county is not liable for costs.
Nor is the county liable, if bill be
found "a true bill," and the defendant
having been tried and acquitted, and
ordered by the petit jury to pay the
costs, is sentenced by the Court to pay
them, and is committed and discharged
according to law, the costs not being
paid.
Nor if the defendant is acquitted, and
the prosecutor ordered by the petit jury
to pay the costs, who after being SEN
fenced by the Court to pay them, is
and discharged according to
law, the costs being unpaid, S d r.
$40.
In cases of surety of the peace, the
costs are to be paid by the county, or by
the parties, as the court may direct.
justices of the peace, constables and
witnesses are entitled to be paid their
fees out of the county funds, in all GRIM
inal cases, where upon examination the
charge appears to be unfounded, so that
a discharge Of the accused ensues with
out binding over or commitment.
But clerks, sheriffs and district attorneys
are not entitled. Such cases arc not
to be returned to court, whether the ac-
cused be discharged by justice, or by
one of the judges (who are also justices
of the peace so far as relates to criminal
matters Act of % Sept. 1871, sec. 13.
The county is not liable for costs where
a nolie prOsequi is entered, which ought
not to be done without stipulation on
part of the prosecution or the defendant
to pay costs. II S d II. 94-6 III. 493.
Nor is the county liable for costs where
the indictment is quashed, 8 II. 4S7.
The county is not liable under any
Ior the defendants bill of
costs forhis subpGnas, serving the same,
and attedance of his witnesses, in any
criminal prosecution although if the
jury on the tria! forany misdemeanor, ac-