Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1874-01-15
THE ExPOUNDRRs OF THE LAW.
Convention of Judges and Attorneys
General.
The Means Suggested for Reducing
the Cost OF Prosecutions.
second DAYS Proceedings.

The committee appointed 10 take into |
consideration the question of what costs
are properly taxable against the county or
81 ate and 10 suggest means for reducing ex-
penses, presented the following report:
The Committee to whom was referred
for consideration what reforms ought to be
recommended to the next Legislature with
a view to secure more efficient execution
of the criminal laws Of the State and the
saving expense to the taxpayers.
Your Committee have, in the limited
time allowed them, carefully considered
the questions arising under the resolution.
1. Your Committee are of opinion that
the number of peremptory challenges al
lowed defendants in capital cases ought to
be reduced to "a, and in all other felonies
to 10. That the State shall have 10peremp-
tory challenges in capital cases and in all
other felonies s.
2. That householder or freeholder quail
ificatiOn shall not be necessary for either a
grand or petit juror if otherwise compe-
tent.
3. That it shall not be in any criminal
casecause 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 ap-
lenge that such a juror has case on the
docket for trial.
4. That on the trial Of all felonies not de-
clared capital by law, if the Attorney Gen
eral and defendant by written request
signed by the Attorney General and by the
defendant in person, or by the Attorney
General and the attorney for the defendant
in the presence of defendant, requesting
Il. g. h. s9rr-y- 10 ATsrN
then the court may, in its discretion, per-
NIT the jury to dispeIse.
). That when a bond or recognizance
shall be taken by county Sheriff, or depu-
ty, or other officer authorized by law to
take bond or recognizance for the appear
ance of any party charged with a crime or
misdemeanor, such bond or recOgnizance
shall bind the defendant and surcties for
the appearance of the party from time to
time until the case is finally disposed of,
and the court before which such party is
required to appear by such bond or recog-
nizance, unless such surety surrender his
principal, as now required by law, or he is
otherwise discharged by order of the court.
6. That in all cases where a forfeiture is
taken upon bond or recognizance or sub
mitted in favor of the State, according TO
law, the judgement shall be final, and the
issuance a see ia is dispensed with,
but the defendant or defendants in
such judgment may suspend
the execution issued upon such judgment
if he has any ground Of legal or equitable
relief to such judgment.
Z. That in all cases, upon
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
nulla bona, and at the same time render
| Judgment for all costs against the defendant
| or defendants, but execution shall not Is
sue on said judgment against defendants,
| except upon the special order of the court,
| and if any portion or all of said costs shall
| be, at any time realized upon such eXecli-
| tion for the defendants, the State shall be
reimbursed for her costs thereon expended.
5. That in all criminal cases the fees OF
| the Sheriff, for the execution of a capaiS or
| sup9na, in favor of the State, shall have
| double the fees now allowed by law-yhen
| the process is eXecuted-and no fee when
| he fails TO execute such process.
| 9. That in all cases where a party may
be tried before a Justice Of the Peace
/ charged with a felony-and the Justice
shall acquit the party and adjudge the costs
against the State, then the Justice shall
make out and certify the State costs direct
" TO the Comptroller for payment and the
| Comptroller will pay the same upon the
| certificate of the Judge and Attorney Cen
| eral of the district as to correctness.
10. That in all cases-where fees, per
| ouisites or costs shall be adjudged-aSainst
a defendant, in favoI of the State or any
county, there shall be no property exempt
from execution in the hands Of such de-
| PENDANT or his sureties Except the home
| steady. and as to other property, the same
shall be liable therefor as for State and
county taxes.
IL. That the presence Of the defendant
appealing from an inferior court, before the
| Supre1ne Court, ought 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 the appeal, in either
one of the grand divisions OF the State.
II. Upon the conviction of defendant
for any felony not capital, the defendant so
convicted ought to work out Cat such pay
per day as the Legislature may specify the
costs occasioned by the prosecution.
BOARDING PRISONERS.
One of the chief items of expense neces-
sarily incurred in criminal prosecutions Is
the cost of boarding prisoners in the county
iails, confined for safe keeping for felOnieS,
or under sentence of Imprisonment Tor
small offenses. We beg leave to call at
tention to the fact, that the laws now in
force upon the subject Of warehouses afford
a means which, if acted upon by the COun-
ty Courts and Judges of Circuit and Grim
inal Courts, will effectually remedy this
evil and extinguish this Onerous charge
upon the taxpayers Of the State. Under
4 section of the Code, we recommend that
the County Courts throughout the State de-
Glaze the iails warehouses and the Jallors
ex-officio keepers of the warehouses. Tins
being done, the Judges of courts Of Grim
inaI Jurisdiction can, under a section OF the
same article of the Code, put every inmate
of the tails to work, by which, under rea-
sonabIe rates of compensation, the law
breakers will thus be self-sustaining, alt
the law-abiders relieved of at least SoO,OOu
per annum of taxation.
THE PROPERTY OF LAw-BREAKERS Ii
ABLE.
This recommendation, together with the
enactmenis hereinbefOre set forth, particu'
larly those as to making the property OF law
breakers responsible under execution, with
out any exemptions, except as to home
stead, and the allowing juries 10 separate
under the discretion of the courts, thus
avoiding the immense hotel bills, Will re
lieve the tax burthens now pressing upon
the citizens of the State, TO the extent q
thousands of dollars.
The recommendations are respectfully
submitted in no spirit of dictation to th'
law making powers of the State, but undel
the sense of our obligations as officers speci
ally charged with the duty Of protecting Tho
States interests, and of citizens cherishins
the warmest affection for and interest IL
, the welfare of the commonwealth.
: There are other changes which may bt
made in the whole system OF criminal
, prosecution. 1t is, however, not every
+ change which is a reform or betterment o
: existing inconvenience, and while We dC
: not pretend to have exhausted the cata
logue of judicious reform, We have alb
stained from further or more radical chan
, ges in our time-honOred system for fea
! that spirit of innovation might be evoked
} which would rudely shake or overthrow TIN
= well-settled and salutary provisions whicl
in time past proved efficient for protection
= of law-abiding citizens and the punishment
of malefactors.
7 1t is scarcely necessary to allude to tn
( well known fact that the evil times UpOI
which this generation has fallen, the result
: in part of the decadence Of virtue cOnSe
, quent upon that direSt of all political ca