The Democratic press. [volume] (Ravenna, O. [Ohio]) 1868-1901, 1878-09-05
FEES AND COSTS IN CRIMI-
NAL CASES UNDER THE
LAW OF MARCH 10TH
1873.
1873.

NAL CASES UNDER THE /
LAW OF MARCH 10TH
1873.
An Opinion of General Interest by
the eAttorney.Genernl
= Attorney General Pillars has an
nounced the following opinion IN the
matter of fees and costs i'll criminal
cases under the new law of last March.
The questions involved cover points
which have been much controverted of
late, and the decision is one which
will in a measure settle many disput-
ed points. The opinion is as follows:
ATToRNEY-GENERAL OFFICE,
Columbus, o., July 8.
Robert H. Scott, Esq, Prosecuting
Attorney, Williams Co., Bryan, u.
DEAR SIR Yours of the 9Th inst,
asking my construction in several res
poets of the Act passed March 10th,
1878, entitled An Act TO regulate the
payment of certain costs in criminal
cases" $50. 5O), was duly received.
After a careful consideration OF the
above entitled act, Il submit the follow
ing, which, in my opinion, is the cor
rect construction to be given to said
Act:
First-That the fees of Justices of
the Peace, Police Judges or Justices,
Mayors, Marshals, COnstables, and
witnesses shall be paid out of the
County Treasury in all prosecutions
for felony (Which by section 2,chapter
of the crimes act, is any oifense pun
ishabIe by death, or imprisonment i'll
the penitentiary), in which convic-
fion is had and shall be inserted in the
Judgment and cost bill, so that in
the language of the statute, except i'll
capital cases, the same may be paid to
the county out of the State Treasury.
Sec. l.
Second-In prosecution for felony,
wherein the State fails at any step in
the prosecution, the fees of the wit
nesses before Justices of the Peace,
Mayors, and Police Judges, or Justices
shall, on the certificate of either of
said officers, before whom the case may
have come, be paid on the allowance
of the County Commissioners, out OF
the County Treasury.-Sec. 3.
Third-The County Commissioners
may (shalD at any regular session,
make an allowance to Justices of the
Peace, Mayors, Police Judges or jus
tices, Constables and Marshals, in lieu
of fees, in cases OF felony wherein the
State fails at any step in the prosecu-
tion; and in cases for misdemeanors
wherein there has been a conviction,
but wherein the defendant proves in
solvent, and from whom the costs cam
not be made; provided the total
amount allowed to any such officer in
all such cases shall not, in any one
year exceed the fees legally taxed to
him, nor in any event shall the total
amount allowed to any such officer in
any one year exceed SlOO.-Sec. 4.
Fourth-That should it appear to
the Commissioners, in ascertaining the
amount of fees taxed, so as to make
the allowance aforesaid i'm lieu of fees
to Justices of the Peace, Mayo and
Police Judges or Justices, that either
of said officers before whom case
was commenced was negligent in not
taking security, in such cases as the
law authorizes the security for costs
to be taken, in such cases no allowance
shall be made in lieu of fees and il
is the duty of the officers 10 show ir
the first instance that he is not so neg.
ligent.
Fifth-County Commissioners may
allow any necessary expenses incur.
red by any officer in the pursuit of any
person charged with felony who ha.
fed the county, whether he be cap
tured or not.
Sixth--No fees, under any circum
stances, can be paid out of the County
Treasury in proceedings to keep the
peace.
Seyenth-In no case whatever, ex
cept as above provided, shall any cost
be paid out of the State or County
Treasury to any Justice of the Peace
Police Judge and Justice, Mayor, Mar
shall, or Constable.-Sec. ). Your
respectfully,
ISAIAH PILLARS,
Atty Gen1.