Whig and tribune. [volume] (Jackson, Tenn.) 1870-1877, 1874-01-24
THE JUDICIAL coNvExTIoN.
Judge w. p. Hickerson offered the
following resolution


State and counties from citiz5ns and
officers, that, under the laws Of Ten
nessee, there IS no property exempt
from taxation; that the State IS emit
tied TO tax fee on all lawsuits, civil
and criminal, and IN most of the coun-
ties there Is a county tax due the
county, and in view Of the fact that
there IS believed TO be due the State
and counties many thousands of dol
lars which can be collected If the law
upon this subject is rigidly enforced;
that 1t is more Just that such parties
50 liable for such taxesi should pay
them than that the amount shall be
collected of of other citizens equally
worthy and have been in no way res
ponsIble for creation such liability
therefore, it is declared as the sense
Of this convention that j. Is the duty
of the clerks of the different courts IN
this State III all cases where there Is
State or State and county tax due
upon any lawsuit, civil or criminal,
and there is any chance to collect the
same, to issue an execution. alias or
pluries execution, as the case may be,
to the proper officer. The officer into
whose hand such execution may come
will collect the same in all cases where
the party, ex parte, have property out
of which other State and county taxes
might be collected.
The officer leyying or distrainine
for such tax VIII indorse upon the II
ia the property distrained or levied
upon, is levied upon to satisfy the
sum of -dollars, State and cOun-
ty taxes, mentioned in this Fl ia, and
the costs of this levy.
Attorney General Holman moved
to amend so as to read, "tax on law
suits instead of Estate and county
tax on lawsuits" The resolution was
then adopted as amended.
The following report was made by
the committee to whom was referred
the question of the uniformity of costs,
and what costs are properly chargea-
bic to State and county.
CLERKS FEE BILL.
l. For each capias, 75c. =. For
filling presentment or Indictment, 25c.
B. For charging prisoner and pleas,
25c. 4. Receiving and filling every
recognizance. 25c. >. For every GER
titled copy of order by direction of
the court, 2jc. 6. For entering judg-
ment against the State or county,
where the defendant is shown by exc
cution to be insolvent, Toe. Z. For
copying indictment in minute book,
per hundred words in case of felony.
1Oc. S. For each attachment in behalf
of the State in criminal causes, 81.
9. For taking and filing an affidavit
in behalf of the State, sc. 10. For
each order and motion thereon on be-
half of the State, 25c. Il. For issu-
ing subRua for each witness in behalf
of the State, Zoe. u. For docketing
each cause at each term of the court,
20c. ID. For each continuance duly
entered on behalf of the State, 25e.
II. For entering special judgment
upon special verdict, or Judgment on
demurrer, or plea in batement, SOC.
10. For empanneling a jury in misde-
meanor, Toe. 16. For each judgment
nisi, SOC. II. For each ii. IA, 40c.
| IS. For each sci. IA, SOC. 10. For
! each transcript of the record on behalf
of the State, per hundred words, Zoe.
/ 20. For entering an order of appeal
on behalf of the state, Toe. 81. For
making ont and entering on execution
/ docket each bill of cost, soc. y. For
/ copying bill of cost on execution, 25c.
%. For probate for each States wit
ness, sc. "a. For transcript of judg-
menU and bill of costs for Comptroller
or Treasurer, per hundred words, 25c.
%. For each final judgement, 75c.
sHERIFF's FEES.
l. Executing every capias, 81. 2.
Returning capias not to be found, 25c.
3. Every bail bond, 25c. 1. For serv-
| ing subpoena for each witness for
State, 25c. 8. For returning same not
! found, 25c. 6. For each commitment
and release, SOC. z. For summoning
and empanneling jury in each case
where jury Is sworn, 15c. s. For
special venire by order of court, each
Juror, 15c. 9: For executing each
attachment in criminal cases, 81. 10.
For removing any criminal from one
county TO another, going and return
ing, per mile, Toe. II. For guards
not exceeding two, going and return
ing, per mile, sc. p. For conveying
prisoners arrested on capias from one
Jail TO another, per mile, l0c. ID.
For each guard in this case, per mile,
&c. IA. For carrying to prison and
guarding each defendant arrested on
Justices warrants, per day, 81. 10.
For conveying convict to the peniten-
tory, for each % miles he may neces-
sarily travel, 50. Is. For each guard
in so conveying said convict, for each
% miles, 81 20. II. For each convict
so conveyed, 81. Is. For executing
the death penalty on defendant, $50.
10. For meals for prisoner on the
route from one county to another,
each meal, 25c.
JAILERs' FEES.
l. For boarding each prisoner, 60c.
3. For each turnkey, soc.
ATTORNEY GENERALS FEES.
l. For each conviction where the
penalty is or may be death, $40. ,.
For each conviction for selling, wear
ing or using bowie knife and Arkansas
toothpick, $50. 3. For each cOnvic-
ton for perjury, $15. 4. For each
conviction of any felony, SO. 3. For
each conviction of a misdemeaROr,
where defendant pays cost, s.. 6.
But where the county pays the costs,
OILY s., 80. 7. For each misdemeanor
where there is an acquittal, s., 80. s.
For each case where the Grand Jury
finds true bill. but the cause Is ter
minated without Il trial when the in
dictment is not quashed, 50. 9. For
prosecuting against witnesses, jurors,
and road overseers, 50. 10. For pro-
ceeding against clerk for delinquency
in enrolling causes, 50. Il. For sue
cessfnlly prosecuting vendors of lot
terry tickets, $40. u. For all others
proceedings in behalf of the State
where by the judgment of the court,
the defendant pays the cost, -.
All of which is respectfully submit
ted.
JAS. c. RICE, Chm,
Jno. 3. HON.,
J. r. FLIPPIN,
J. B. HEIsKELL,
s. j. a. FRAZIER,
VIM. L. WELCHER,
J. H. HOLMAN.
The various items suggested in the
report were then discussed and adopt
en- as read.
On motion, it was resolved to allow
Attorneys General three dollars in
retired causes, or five dollars at the
discretion of the court in felony cas-
es.
The following resolution was offered
by NJ w. Mcknight:
Resolved, That the Attorney Gen
erals Of the different Judicial circuits,
for the prosecution of all felOnies. be
allowed a stated salary of 81, 800 per
annum, to be paid annually out of the
State Treasury upon the warrant of
the Controller; that, for the prosecu-
ton of misdemeanOrs he be allowed
the same fee as the law now provides
in cases of conviction, and that IN 10
case of acquittal of misdemeanor, in
which the county has the cost to pay,
shall he be entitled to any fee; that