The Columbian. [volume] (Bloomsburg, Pa.) 1866-1910, 1876-03-10
CJT OFT AND PRESERVE,

the courts where they effect the rights and
interests of the public. This alone makes
the COLUMBIAN worth much more than the
sun charged for subscription.
Below we give a synopsis of an important
opinion delivered by Judge Harding, which
is of interest not only to the profession, but
to all the officers and Taxpayers of our
county. 1t should be read and carefully
preserved:
COMMON PLEAS OF LUzERNE COUNTY
KuheadaH, Sheriff, de-, .. The County Of
| LUzGUe,
| THE COUNTY IS LIABLE FOR THE COSTS OF
| PROSECUTION IN CRIMINAL CASES =
/. In all cases of felony, whether felony
at common law, or felony by statute and
this liability attaches Immediately, whenever
a conviction for a felonious offence has been
| reached.
.. Justices of the Peace and Alderman
subpmnaed on the trial of teionS are entitled
to receive from the county their daily pay as
witnesses, except for one day during each
Court, when they are bound to attend for
the purpose Of returning their recogni2ances.
The same is true of constables. For one
day they are paid MS officers who make re-
turns to the Court they cannot receive pay
as Wiincsses for the same day.
3. The county is Immediately liable for the
costs OF prosecution in a case either of felony
or misdemeanor, where the grand jury re-
turn bill igHordmus, and direct that the
County pay the costs; or, where the fett
Jury acqut defendant, and return a similar
direction or finding.
4. The County is Immediately liable for
| a.. g 81, oh 10
fendant is cOnrictcd of q misdemeanor, and
sentenced to imprisonment at labor by sepa-
rate or solitary confinement.
70 5. Where, however, Il defendant is con-
| victed Of misdcmeanor, and not sentenced
| to imprisonment at labor by separate or
solitary confinement, but to simple imprison-
mont, or to pay fine and costs, or to all
these penalties combined, liability for the
costs of prosecution does not attach to the
County, until the convict, not having means
to pay the costs himself, has been discharged
according to law"
6. Where a convict has been sentenced to
| Imprisonment. no matter though the term
be long or short-less than an hour, even
or where he has been sentenced to pay a
fine in computing the costs a jury fee of four
dollars is to be included-he cannot be "dis-
charged according to law" 50 as to- fasten
upon the County liability for the costs of
prosecution, except under the Act of In
solvency, or where the judgment has been
arrested or reversed on error.
I. If the County Commissioners assume to
discharge a convict under any other circum-
stances, such discharge is contrary to law
and the convict may be retaken and recon-
mitted to prison, there to remain until he
has fully complied with all the incidents OF
his conviction and sentence.
S. Where, however, defendant has been
convicted and sentenced to pay fine, not
exceeding fifteen dollars, exclusive of costs
he may be discharged according to law, u
after he has remained in prison thirty days
And the same is true, though he may have
been convicted and sentenced on several
bills of Indictment, if the sentence to pay a
fine in each case does not exceed fifteen dol
lars.
9. Though a witness for the Common
wealth may be subpnnaed and in attendance
| where a defendant or several of them, arc
charged and convicted upon different indict-
ments at the same term or sessions, yet he
will only be entitled to receive from the
County his mileage and daily pay, as if at
tending in single case.
10. Where q person is accused of any
crime, and is brought before a Justice OF
the Peace or Alderman, and upon eXami.
nation the charge is ascertained to be un.
founded, the accused is entitled to be dis.
charged; whereupon, the County is liable
for the costs of the magistrate and constable
and also for the daily pay of the witnesse.
subppnaed and in attendance on the part o
, the commonwealth.
II. The County is liable for the costs o.
Justices of the Peace Aldermen, Constable,
and witnesses in eases where convictions
have been had for drunkenness or vPgrancy
if the convicts have been sentenced to hare
+ labor, and not having means TO pay the
liability can be fastened upon the County
il must appear that the commitments fol
low the sentence as recorded Magistrate
e should be careful, therefore to follow tn,
s strict letter of the statute, otherwise thu
, County will not be liable
y. In all cases where a party has beel
convicted of a .telony and escapes, or Tor
feits his bail or for any cause, fails to conn
into Court a capids is awarded to bring hin
$ in to receive his judgment; and for the fee
ifthe clerk of the Oyer and Ter miner, o
also for the Sheriff for executing it, tn
. County is liable under all circumstances.
e 13. Where constable makes rcturl
charging a party with on offence, and tn
district attorney, under the direction 0
the Court, sends bill before the Gran
J Jury, who return it a true bill, or where tb
C Grand Jury themselves indict a person 70
o an offence of the public notorty, commit
. ted within their own knowledge, like wri
: is also awarded to bring in the accused 70
trial, If the offence be misdemedn0r, ant
g a conviction is had, and the convict
v sentenced to imprisonment at labor by sep
= arate or solitary confinement, the count
. becomes liable at once for the fees of tn
e clerk of the Oyer and Terminer, or Quar-
Y ter Sessions for issuing the writ and 70
), the fees of the sheriff for executing it. Blu
if the convict is sentenced to simple i'm
Il prisonment together with a fine and costs
or to either, OF to all of these penaltie,
d such liability does not attach until Dein
n without means himself to pay the costs h
a is discharged according to law"
II, In every 'crimminal case" of .tclSa
: the Sheriff is entitled to receive from tn
county, under the Gee Bill" Of April g
e 1868, the sum of one dollar and twenty-fv
cents in every criminal case' of miSdemeC
. nor he is not entitled to receive this fee tr0l
c the county except where the Grand Jury re
a turn bill igHOrdmus, and direct that tn
e county pay the costs or where the Petit Ju
:, ry acqut a defendant and make simia
), direction, or where defendant is convicte
IL and sentenced to imprisonment, togethC
70 Win II me anu COSTS, OF 10 cltIeG OF an {
r these penalties and is discharged accordin
T.. to law the costs being unpaid,
IS. Where party has been indicted j
y any county of the Commonwealth for fe
is ony or misdemeanor, and fees or remove
N to another county therein, the Court {
= Oyer and Terminer or Court of Quartz
. Sessions of the county where the ohenc
l. was committed, may direct writ to tn
s. sheriff or coroner of the county where sue
re offender is tarrying, for his arrest and deliN
IN cry for trial before the Court awarding sue
~ writ: and for the Reasonable expenses
u of executing such writ and removing th
p accused, the county is liable, no matte
n, whether he be convicted or not.
by 49, The Court Of Oyer and Terminer, {
" Quarter Sessions may also award subpoena
y aud attachments for witnesses to any part (
Is the Commonwealth, directing them to !
Of executed by the sheriff Of the county j
IL 1 - IL