The Columbian. [volume] (Bloomsburg, Pa.) 1866-1910, 1877-05-25
The Law of Taxing Costs.

report and Judge Ross delivered his opinion
all of which we publish below:
To the Honorable Henry p. Ross, Judge of
the Court of Quarter Sessions and Oyer
and Terminer of Montgomery county
The committee appointed by order of the
court respectfully report That we examined
the papers on file in the office of the Clerk
of the Courts relative to the proceedings at
last term of the court, and found it would
be impossible for us to revise all bills of
costs as suggested in said order and to make
detailed report thereon. In some cases
we found the Justices bill of costs were not
itemzed, and we could not determine whether
they were correct or not. Many of the bills
for serving subpGnas were not made out at
all, ,and we had not sufficient means of ascer-
tanning what services of this sort had been
really rendered: Without taking considera-
the witnesses whose names were on the
subpenas, were actually subpenaed and
whether they were present at court, and if
they were present whether it was in obedience
to the subpoena, or by some other order of
the court. The Clerk of Court informed us
that his own bills of costs were made up only
at the close of every year, at which time
it was examined by the County Commission
ers and paid. In fact to make detailed
statement of the fees and costs due everv
officer of the courts, or to every one render
ing any service could not have been correctly
done from the data at our disposal. As most
of these costs seem to be still unpaid, and as
they must be taxed by the Clerk of the
Courts before they are paid, we think that
if they, as well as all subsequent bills of
costs in the criminal courts be taxed by him
in accordance with the following suggestions
the extravaganza complained ofwill in great
degree be prevented.
l. No fees or costs of officials should be
taxed or paid except where bills of indict-
ment are found true or are ignored (surety
of the peace cases only excepted) and where
true bills are found there should be 70 taxa.
ton of such costs until the cases are tried or
prosecuted to judgment and finally disposed
Of
2. In the taxation of costs cases are not
to be considered in the court of Oyer and
Terminer unless that court has exclusive
jurisdiction of the special offense for which
the defendant is tried,or of the special count
on which he is convicted or acquittel !, or un.
less the cause is regularly certified into that
court in accordance with the Act of Assem-
bly, (Purd. 1888, 1857
3. All bills of costs should be itemized
and should be taxed strictly in accordance
with the fee bill and in no instance should
more than legal fees be allowed. The County
Commissioners should grant no order until
the bills of cost are taxed by the proper
officer. They have no right to pay out county
taxes for fees in excess of the fee bill.
4. All subpenas on the part of the Com
monwealth should be served by the sheriff
or his deputies, as this can be performed by
the officer in connection with his other dute,
at legal rates. And there is no necessity fo
the County Commissioners to make contracts
respecting the service of subpenas or for the
compensation for such service, nor is there
any need for the District Attorney to have 6
| detective officer.
5. All bills for serving subpenas should
be itemized and be sworn to before the Clerl
of the Courts, and the affidavts should stat,
that the services were actually rendered a
charged, and that no item of service fol
mi 10 clo hou
previously paid for, or is charged else
| where.
6. In all cases where an attachment issue:
the costs of the attachment and ofits servic,
should be paid for by the party to whom i
issues. 1t is questionable whether the county
is liable in any such case.
7. No one should receive witness fee
when he attends court for other cause or il
obedience to any other summons than {
subpoena or a recognizance. When witness
has been subpGnaed or bound over to testif,
in more than one case, he should be paid bu
for one case. Before any bill for witnes
fees is taxed an affidavit should be made t.
the effect that each item of the bill is cor
rect, and has not been previously paid
When persons have been called to testif
without having previously been regularl
summoned as witnesses, they should receiv
no witness fees therefor unless special
ordered by the court.
| 8. Before any bill for witness fees is tax
ed the District Attorney should certify tina
to the best of his information and belief, tn
witnesses named in the bill, who were sub
penaed by the Commonwealth or boun
over to testify,were material to the cause b.
the Commonwealth.
8. The committing magistrate shoul
bind over in their own recognizances, to ap
pear at Court and testify, all witnesses il
each criminal case that they return to Cour
Such witnesses need not be subpenaed t
were bound over to attend. When case
continued by the court the District Attorne
should take the recognizances of all tn
Commonwealth witnesses for their appear
ance at the next term.
10. Two tipstaves are sufficient to atten
all argument courts. When there are jur
trials FIVE additional tipstaves are all that al
needed. 1t would be better if the tipstav'
appointed by the Sheriff should, as far a
possible, be constables.
AS matter incidental to the costs o
criminal procedure we call the attention {
your Honor, as one of the official visitors {
Montgomery county prison, to the large cost
attendant upon the management of that il
stitution. During the year 1876 the count
spent SIS, 400 for that purpose alone. As
present conducted it would be much cheape
if all our prisoners could be sent to IL
Eastern Penitentiary. There we are charge
for each prisoner sent 30 cents per day, whic
includes every expense. Here after ii
county provides the prison building, lighte