The Columbian. [volume] (Bloomsburg, Pa.) 1866-1910, 1877-05-25
OPINIONS OE TIE COURT.

In the Oyer and Terminer and Quarter
Sessions of the Peace of Montgomery county
Sur taxation of costs.
By tie Court. So far back as 1914 the
Legislature of Pennsylvania declared chat
if the Judges of any court within this Com
monwealth shall allow any officer, under any
pretence whatever, any fees under the denom-
ination of compensatory fees for any servi-
ces not specified in this act or some other act
of Assembly, it shall be considered a misde-
meanor in Office"
Ny attention was called to this act by
some anonymous correspondent; and while
am not in the habit of regarding such COM
munications, my attention was aroused and
my curiosity excited so far at least as to in
duce me to examine the act. 1t is in the
words just cited. 1t has never been repeal
ed, and all the judges in the State are liable
to its provisions. This occurred at about
the same time the commissioners notified
the Clerk of the Courts to tax all fees in ac-
cordance with the law, and felt it my duty
to see that all taxation sanctioned by the
seal of the court, and therefore constructive
ly taxed by the court, should conform to le-
gal rates.
The committee was appointed to report
generally safeguards which would insure a
legal taxation, and their report is before u.s.
1t contains many valuable suggestions which
we intend to adopt, and it presents for con-
sideration some interesting questions as to
the powers and duties of public officers.
l. The first suggestion is approved except
in the case of Commonwealth witnesses.
Those, if they will swear that they were reg
ularly subppnaed by the Commonwealth
what length of time they were in attendance,
and that the fees and mileage are necessary
to their support while in attendance, may
be taxed and paid. Any other rule than
this would subject them to great personal
hardship.
do not know whether this was INTENDED
to embrace the charges of tbe District Attor-
ney. In Bucks county he presents his bill
directly to the commissioners for cases prop
erly charged to the county, and is paid like
the Coroner. This I think is the usual and
proper course. OF course where a person or
: defendant is ordered to pay the costs, the
fees of the District Attorney are taxed to the
Sheriff.
2. The second suggestion is nothing more
t than a statement of the law as it exists. The
Clerk will observe it as it principally ope.
may be informed as to what cases are exclu-
t sively in the Oyer and Terminer, | append
= a list :
t Murder, manslaughter voluntary rape
E robbery, mayhem and all offences commit
ted with intent to main, disfgure or disa
BILE, sodemy, buggery, burglary, forcible en-
e try in daytime or night with intent to com
NIT burglary or other felony, entry without
force with like intent, all accessories to these
offences, concealing death of bastard child
r second offences of receiving stolen goods
Y &c, treason, and all other offences which
may be certified from the Court of Quartz
Sessions.
r All other offences are triable in the Ses
:, | sions and fees at session rates can alone b,
g taxed This must be strictly followed
= 3. The third suggestion is endorsed so ia
. as the action of the Clerk is concerned. I'm
o less bill of COSTS whether of magistrate
constable or other officer, or of the clerk b.
presented in items, we order the clerk t,
suspend taxation until it is thus itemized
do not feel that should direct the com
! missioners. They are, it is true for som
purposes officers of the court; and punsha
BILE for contempt. Hummel VS.. Bishop,
. Watts 43l But this is for neglect of an or
: der that the court has right to give. Sucl
for instance as a refusal to draw juries unde
the old rule. will not advise them in
collateral matter-but they have the bene.
fit of the suggestion.
4. l have no doubt that the Sheri
y could be compelled to serve all subpenas
and that refusal to do so would subject hir
to misdemeauor in office. 1t is the Com
IS Aonwealth's process. it is writ, and h
n might lawfully be compelled to serve it il
person or by deputy. But am sure tina
IS any person may lawfully serve subpeni
y who will assume the responsibility. For tn
1t present century this has been the practice
's fees have been taxed, attachments for con
o tempt have been issued and the power t
r thus proceed has never been questioned.
!. The District Attorney may, therefore, law
y fully place his subpoenas in the hands O
y prosecutors; OF constables, or any person
e unless the Sheriff should demand the sub
y poenas and insist upon serving them by him
self or his deputies. Or the District Attor
= ney may compel the Sheriff to execute hi
at process. The District Attorney may Lawful
le ly take out writs of subpoena, and has tn
D right to manage the machinery of the Grim
ID inal court keeping always within the rate
y of legal fees. Without such power he coul
not conduct his office and the legislator
d recognized its necessity by the enactment {
j. the statute authorizing the appointment of
n detective. OF course he should select til
t. best and most economical agencies. If h
10 select the sheriff, or if the sheriff insists upo
y his right to serve, special deputies agreeabl
is to the District Attorney should be seecte
sy by the Sheriff
le 8. This suggestion is eminently proper
r and the Clerk is directed 10 act upon it.
is an excellent check and will protect tn
i'd Court so far as it is practicable from th
ry danger of taxing illegal or fraudulent cost
re 6. The costs of an attachment, so far
es the Clerk is concerned is a subject of som
As difficulty. Under the fee bill of 1914 it wa
decided that the Clerk, where one has issue
If to bring up witness, was entitled to no fee
of Barnes VS.. Com. 2 Sarg and Rawle 80
A. = ~