Clearfield Republican. [volume] (Clearfield, Pa.) 1851-1937, 1876-03-22
aTRE COUNTY FoR COSTS"

"THE COUNTY FOR COSTS
This is easily said by Grand am
Traverse jurors in the trial of crimina
, causes. The costs in this class o
prosecutions gives more annoyance u
the Sheriff and Commissioners, thai
all the other business of the office
combined; and II arises from the fac
that the Commonwealth cost-seeker
always know far more about the law
on this question than those ofiicers-ol
they would have you believe so--ye
no two of them will agree as to wba'
the law is. ,
Below will be found recent decision
rendered by Judge Mayer, at Lock
Haven, and another by Judge Harding
at Wilkesbarre, bearing fully upon. the
question ns to what costs the county
should and should not pay. We publish
these decisions in full so that our read
ers may post themselves on this sub
ject
OPINION OF HON. c. A. MAYER.
The liability of counties Tor cost is,
in all cases, according to statutory pro
vision, and, as was said by Thompson,
c. j., in Huntingdon county, VS.. Com
monwsalfh, % p. T.. Smith. 81. etho
recovery and payment OF costs in
criminal cases are so entirely dependent
on statutory regulations in Pennsylva.
mia, that it is indispensable Tor every
claimant to be able TO point to the
statute which enables him TO receive
what he claims
A careful and thorough examination
of the various statutes regulating the
liability of the county for costs has led
to the following conclusions
In all cases Of felony, whether by
common law or by statute, the county
is liable for the costs of prosecution.
and where there has been conriction
of any folony, the costs of prosecution
shall be paid torh'cih by the county,
unless the party convicted shall pay
the same. See Act of Assembly Of
May 26, 1874
The county is liable for the costs of
prosecution in cases of misdemednor,
when the grand jury return bill
ignoramus, and direct that the county
pay the costs. Hs
And where the petit jury acquits a
defendant of a misdemcanor and de-
termino by their verdict thai the
county shall pay the costs.
The petit jury has no power over
the costs in cases of felony, nor where
counts in felony and misdemcanor are
joined ia the same Indictment, but the
county is liable in eases where the jury
impose the costs on the county. The
defendants bill for his subpGnas, scrv-
ing the same, and attendants of his
witnesses cannot be included in the
costs and paid by the county, nor can
such be included and paid by the
county in cases of felony.
Where defendant is c0apicted oil any
crime, whether felony or misdemedaor,
all costs shall be paid by the party
convicted but where such party shall
have been discharged according 70 lac,
without payment of coats, the costs Of
prosecution shall be paid by the county.
Act of Assembly of March 81, 1860,
section ca.
When is person convicted OF a
crime discharged according to lac, so as
to render the county liable?
The 4Sth section Of the Act of 10th
June, 1886, provides: "Evcry person
who shall be confined in any Jail OF
this Commonwealth, in execution or
otherwise, for any debt, sum of money,
fine or forfeiture, not exceeding in
amount the sum of fifteen dollars, cx-
elusive OF costs, and who shall have re-
mained so confined for the space of
thirty days, shall be discharged from
such confinement il there be no other
cause of confinement, and shall not be
liable to Imprisonment again for the
same cause Provided, That the estate
and effects Of such person shall, not
withstanding such discharge, be liable
for such debt or other cause Of i'm
prisonmcnt in like manner as before.
Under this section u defendant sen.
fenced topay fine not exceeding fif.
teen dollars and the costs, Is entitled 10
a discharge from imprisonment both as
to fine and costs, aftcrhaving remained
in confinement for the space of thirty
days for the fine.
One confined for costs on several
bills of indictment, which In the aggre.
gate exceed fifteen dollars, may be dis
charged under this 4Sth section, pro.
vided the amount due on each bill does
not exceed that amount so, also IL the
fine in each case does not exceed fiilcon
dollars. IfEu
When party is convicted Of an
offence and adiudged TO pay fne,and
committed 10 Jail because he does not,
the Commissioners have no power to
discharge him from imprisonment with
out rendering themselves liable to an
indictment for misdcmeanor in Office.
Ho must be discharged In accordance I
with law.
"Thc Commissioners can make no
order for the discharge of ono who is in
jail in execution ofa criminal sentence,
without being guilty Of post un-
authorized interference with the nd.
of the criminal law. Econ
omy in the management of public
funds is certainly great virtue and
all the moro valuable because II Il rare;
but still no matter of mere dollars and
cents can be put in competition for
moment with the administration Of
criminal Justice" II