Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1874-01-17

SECOND DAY. 4l 44s
WEDNESDAY, January IA -Conven-
ton met at twenty minutes of three
o'clock, Judge Guild in the chair.
REPORTS OF COMMITTEES.
The committee appointed to take into
consideration the question of what costs
are properly taxable against the county
or State and TO suggest means for rednc-
ling expenses, presented the following re-
port: The committee to whom was re-
/ ferred for consideration what reforms
ought to be recommended to the next
! legislature with view to secure more
| efficient execution of the criminal laws
of the State and the saving expense to
| the tax payers. Your committee have,
in the limited time allowed them, care
| fully considered the questions arising
under the resolution.
First-Your committee are of opinion
! that the number of peremptory chal-
| ienges allowed defendants in capital
cases ought TO be reduced to twenty-four,
and in all other felonies to ten. That
the State shall have ten peremptory
| challenges in capital cases and in all
other felonies eight.
| SecOnd-That a householder or free
holder qualification shall not be neces-
sary for either a grand or petit juror, il
otherwise competent.
Third-That it shall not be, in any
criminal case, cause for challenge in any
case that the Juror has served as such
within one year before his presentation,
nor shall such Juror for that reason be
excused upon his own application. Nor
| shall il lie a cause for challenge that such
a Juror has case on the docket for trial.
FOurth-ThatO on the trial of all felOnies
not declared capital by law, if the at
torney-general aud defendant, by writ
| ten request signed by the attoney-gen-
! eral and by the defendant in person, or
~ the attorney-generala and the attorney
fcr the defendant in the presence OF the
defendant, requesting the court TO per-
nit the jury to disperse, then the court
may, in its discretion, permit the jury to
! dispeTse.
Fifth-That when a bond or re-
| Icogizsnce shall be taken by county
| sheriff or deputy, or other officer
authorized by law to take bond or re-
| cogniZance. for the appearance Of any
party charged with crime or misde-
| meanor, such bond or reeognizance shall
bind the defendant and sureties for the
| appearance of the party from time to
| time until the case is finally disposed of,
tand the court before which such party
is required to appear by such bond or
! recognizance, unless such surety sur
render his principal, as now re-
| quired by law, or he is otherwise
discharged by order of the court.
SiXth-That in all cases where for
! feiture is taken upon bond or recOgni-
zauce OF submitted in favor of the State,
according to law, the judgement shall
be final, and the issuance of a sci ia is
dispensed with, but the defendant or
defendants in such judgment may sus-
pend the execution issued upon such
Judgment if he has any ground of legal
or equitable relief to such judgment.
Seven-That in all cases, upon convic-
| ton of a defendant or defendants,
where the State may have the costs to
pay, that court shall render judgment
against the State for its costs, in the
! first instance without return OF RuHd
| bona, and, at the same time, render a
| Judgment for all costs against the de-
! fendant or defendants, but execution
| shall not issue on said judgment against
defendants, except on the special order of
the court, and if any portion or all of
| said costs shall be, at any time, realized
upon such execution for the defend
ants, the State shall be reimbursed
for her costs thereon expended.
Eightth-Thati in all criminal cases the
fees OF the sheriff, for the execution of 8
capias or subpoena, in favor of the State,
shall have double the fees now allowed
by law-when the process is executed,
andIno fee when he fails to execute such
! process.
Ninth-That in all cases where a par
ty may be tried before a justice of the
peace, charged with q felony, and the
Justice shall acquit the party and adj
! Judge the costs against the State, then
! the Justice shall make out and certify
the State costs directly to the comp
troIler for payment and the comptroller
viii pay the same upon the certificate Of
the judge and encouragement OF the
district as to correctness.
Tenth-That in all cases where fees,
perquisites or costs shall be adjudged
against defendant, in favor of the
State or any county, there shall be no
property exempt from execution in the
! hands of such defendant or his sureties
! Except the homestead, and as to other
/ property, the same shall be liable there
! for as for State and county taxes.
Eleventh-That the presence Of the
! defendant appealing from an inferior
/ u
! to be dispensed with in cases where the
defendant is in Jail, and the appeal
ought TO be to supreme court sitting at
| the time Of appeal, in either one of the
grand divisions of the State.
Twelfth-UpOn the conviction of de-
| fendant for any felony not capital, the
defendant so convicted ought to work
out at such pay per day as the legisla-
tuTe may specify the costs Occasioned
by the prosecution.
FEEDING PRISONERS.
One of the chief items of expense
necessarily incurred in criminal prose-
cutions is the cost of boarding prisoners
in the county jails, confined for safe
keeping for feloEies, or under sentence
of imprisonment for small Offenses. We
beg leave to call attention to the fact,
that the laws now in force upon the sub
iect Of warehouses; afford means which,
if acted upon by the county courts and
Judges Of circuit and criminal courts,
will eiIectually remedy this evil
and extinguish this onerOus change
upon the taxpayers of the State. Upon
a section of the code, we recommend
! the county courts throughout the State
declare the iails warehouses; and the
jailers eC-o6ici0 keepers of the work
houses. This being done, the judges Of
| courts OF criminal jurisdiction can, un-
der a section of the same article OF the
code, put every inmate of the jails to
work, by which, under reasonable rates
OF conn pensation, the law-bEeRkers viii
thus bo self-sustaining, and the law
abiders relieved of at least $50, 600 per
annum of taxation.
THE PROPERTY OF LAw-BREAEERS
LIABLE.
This recommendation, together with
the enactments hefeipbefore set forth,
particularly those as to making the
, property Of law-breakers responsible gn~
, der execution, without any exemptions
I exert as to homestead, and the allow
ing juries to separate, under the discre-
, ton of the courts, thus avoiding the i'm
|. mense hotel bills, will relieve the tax
burthens now pressing Epon the citizens
az the State, to the extent Of thousands
of dollars. The recommendations are
respectfully sulhmitted in no spirit Of
dictation to the law-making powers Of
the State, but under the sense of our
obligations as officers specially charged
with the duly Of protecting the States
interests, and Of citizens pkerishing the
yarmsat affection for and interest in the
welfare of tie commonwealth.
OTHER CHANGES NECESSARY.
There are other changes which may
be made in the whole system OF criminal
nrosecution. 1t is, however, not every