Public ledger. [volume] (Memphis, Tenn.) 1865-1893, 1875-04-17
CRIMINAL COSTS.
An Important Decision by the SUI
pFeme COurt-An Avenue TO the
Treasury Closed.

Treasury Closed.
Nashville Union and American, l5th.l
In scrutinizing bills ofcosts ceruiedfo for
payment by a number of Criminal Court
Clerks recently, Comptroller Gaines has
thought proper to reject certain items as
not allowable under the statute regula-
ting clerks fees. With the view Of re.
movingthe general misconception which
he thinks prevails in regard to such dis
allowed fees, he intends forwarding to
the various Criminal Court Clerks a
copy of the opinion of the Supreme
Court, delivered by Justice Mcfarland
during the last term at Jackson, in the
case Of W. T. Avery, Criminal Court
Clerk Of Shelby, against the State. This
opinion, covering the C%omptroller's
decision. has Just been obtained, and, as
his ruling must awaken a desire to know
something Of it, we present the following
abstract:
A defendant was bound over to appear
al court by a magistrate, TO answer for a
felony. The case was dismissed and
judgment entered against the State for
its own costs. Several questions were
presented to the Supreme Court:
/. The clerk charged a fee of Is cents
for filing the magistrates papers, and
this was stricken out by thejudge. There
was no error in the striking out.
2. The clerk charged a fee Of 10 cents
for docketing the warrant. 1t does not
appear, say the judges, that the clerk is
required to keep such q docket or allowed
any fee for doing so.
3. AS to the question whether the
State or county is chargeable with the
costs Of subpenas issued for defend
ants witnesses in those cases where the
State or county is adjudged TO pay the
States costs, the Court is Of the opinion
that such costs we're defendants costs,
and not costs accrued in behalf Of the
State, and, therefore, properly stricken
out.
4. One Of the cases in the record was
a case of scquittal. The judgment was
that the defendant 90 hence and that
the clerk certify the costs herein to the
Comptroller Of the Treasury for pay
ment.' This, says the opinion, might
be construed to mean all the costs-the
defendant as well as the States &, as the
usual order is hat the clerk certify the
costs accrued 10 behalf Of the State; but
we do not think the court intended to
give judgment a~;gaiss. the State for the
defendants costs, bat simply to order
costs certified for payment according to
law, which would be only the State
costs.
5. One case was disposed of by the
following entry: in this case, on mo.
ton and for satisfactory reasons appear
ing to the court, it is ordered that the
above warrant be dismissed and the de.
PENDANT discharged; and that the State
of Tennessee pay the costs in this be-
half accrued, and that the clerk of this
court make out and certify the same to
the Comptroller Of the Treasury for pay
ment." Under subsection u, section
ADJ OF the Code, the clerk charged,
for Judgment for costs, Is cents; under
subsection 10, for motion aud order to
dismiss, 70 cents, and for order to GER
tify 70 cents. The last two items were
stricken out and the FIRST allowed.
The Judge, continues the opinion, was
correct. The clerk cannot charge for
three motions or three orders, because
three things are directed to be done in
the order.
6 Similar fees we're claimed and re.
fused in other cases, to-wit: Where the
cause abated was placed on the retired
docket, where a nolle prosequi and yer.
dict Of not guilty we're e~ntered-all OF
which, says the Supreme Court, were
properly disallowsd, rirIw