The Weekly Washington telegraph., 1871-08-16

and carried into effect throughout the
entire state.
How COUNTY TAXES CAN BE
REpUCED.-J Justices Of the Peace seem
to be ignorant Of the law governing
their proceedings in cases of misde>
meanors. Unmindful of the aot of the
legislator requiring the prosecutor, or
someone for him in all misdemcanors, to
enter into bond with good and sufficient
security for payment Of all the costs
which may accrue in the prosecution,
thoy still issue thoiF warrants fur the
arrest of offenders without demanding
or taking the bond required by law
Parties arc frequently arrested and car
ried before Justices Of tho Peace on
warrants issued by thom and discharged
on motion, because the bond required
by law was not taken. Charity in
duces Us to attribute this neglect Of
duty to ignorance For the benefit of
the public, and Justices of the Peace
especially, we me make the remarks
which follow:
An act was passel by the last legis-
lature saying, that in all prosecutions
in cases less than felony, in courts of
Justices of the Peace AMI in other in
feror courts, the prosecutor, or some
person for him, shall enter into bond
with good and sufficient security for the
payment Of all tho costs which may ac-
cruo in the prosecution. According to
this act no Justice of the Peace has Il
right to, or can lawfully, issue wIr Al.
in any case of misdcmeanor before this
bond is executed, except in two cases.
The county cannot be held responsible
for costs in any case Of misdcmelnor,
when this bond is not taken, and in no
event when bond is made and defeu>
dant acquitted. If however, the Jus,
tice has str0Rg reason to believe that
the prosecutor has been, in plain viola
ton of the criminal laws of this state,
mditreated IN person or property, and
the prosecutor shall make the usual
affidavit required by law and a further
affidavit that he is unable to give sccu-
rity for costs, he may issue Il warrant
without bond being given, in which
event the county would be responsible
for costs if the defendant should be ac-
gifted or if convicted and he has not
sufficient property out of which the
costs could be collected. In the latter
case if the Justice of the Peace fails to
find, upon investigation, that there are
strong reasons to believe that the pros
ecutor has been, &c, and issues his
warrant the county would not be re-
sponsi5le for costs, Notwithstanding the
prosecutor has made the afidavits re
q&ired by law. This aetis intended to
prevent frivolous and malicious prose>
cutions, and TO force prosecutors before
the grand juries and circuit courts Of
the country for redress Of grievances,
and to protect counties against outra-
geous bills Of costs OF Justices of the
Peace incurred in malicious prosecu-
tion,s and encourage by Justices o, th
Peace IN order to create costs against
counties. If we take this act in con-
neetion with an act found On page 24
of the acts of the legislature of 1871, we
will see that the last General Assembly
has most eaectually accomplished its
object. This act makes it the duty of
the county court, when any Justice Of
the Peace shall exhibit any account
against the county for costs in any
criminal case, to carefully investigate
the account and to call witnesses before
them, and if they find that such account
is oxtrayagant. or is bond upon a friv-
olous prosecution, or upon malicious
prosecution, or upon an unauthorized
prosecution improperly allowed by amy
] Justice of the Peace. to reduce, modify,