Lancaster daily intelligencer. [volume] (Lancaster, Pa.) 1864-1928, 1880-07-03
LIABILITY OF THE COUNTY FOR COSTS.
Fees of the Mayor, Aldermen, Justices of
the Peace, Policemen and COnstables
in Prosecutions for TresPassing
CpOn Railroad Trains etc.

Upon Railroad Trains, etc.
The following opinion of County Solic-
itor Hugh II. Fulton. esq, given to the
commissioners on Thursday last, will in
augurate considerable of a change in the
matter of the payment of costs by the
county to magistrates, cOnstablcs and the
city police:
To the Commissioners of Lancaster County.
GENTLEMEN In reference to the dis
puted fees | submit the following:
1. Trespassing Upon Railway Trains.
by recent decision of the suprem me
court of Pennsylvania, published in the
Lancaster Bar, June 26, 1880. the county
either magistrates or cOnstahles costs in
prosecutions for trespassing upon railway
trains.
IL. County Not Liable Unless Defendant
Sentenced to Hard Labor.
BY the same decision and that of Judge
Harding published in the Legal Lntelligen-
Ger, September 13, 1876, the county is not
liable for the costs of any conviction be-
fore a justice of the peace, unless it is ex-
pressly required by statute or the defendant
is sentenced to hard labor and commit
ment follows the sentence.
Ill. City Officers Entitled to Half Fees Only.
The act of 1869, P. L. Asa, sec. Z, amend
ing the charter Of the city of Lancaster,
limits the mayor of the city and all other
officers receiving a salary from the city to
half fees in prosecutions for drunkenness
and disOrderly conduct and vagrancy, when
such persons are committed, and provides
that they shall receive no fees for cases
dismissed.
~, The Fees.
The full fee fixed by the act of 1868, p.
l.. S76, for the mayor and aldermen of
Lancaster city for all services in disorderly
conduct and disturbance Of the peace cases
is fifty cents, of which the mayor charges
One-half.
The full fec for the policemen and con-
stables of Lancaster city in such cases, by
the same act, is thirty cents, of which the
city police can only charge one-half.
v. Fees in Vagrancy Cases.
For the mayor and aldermen of Lancas-
ter city, and all justices of the peace in the
county, the fee fixed by the act of 1879 P.
l.. p. GA, for all services in vagrancy cases
is twenty-five cents, of which the mayor
charges one half, and for constables for all
services twenty-five cents and mileage, of
which the city police charges one half and
mileage.
vi. Fees In Cases of Drunkenness.
For the simple offense of drunkenness,
when the defendant is ordered to pay fine
and costs, the county is not liable for those
costs in case the defendant does not pay
them.
If, however the defendant is sentenced
and committed to hard labor under the act
of 1894, PurdOn's Digest p. 1172, sec. 4,
the county is liable for the alderman's,
Justices and constable's full fees according
to the fee bill of 1868, the mayor and city
police being restricted by the act of 1869
to half fees.
VII. Receiving and Duplicating Unfound-
ed Complaints.
" A justice of the peace is not bound to
issue warrant whenever it is applied for
he is to use a legal discretion, and deter
mine on mature deliberation of all the cir
cumstances whether warrant should
issue, and il upon hearing the charge open
ed, he thinks it not to be an offense within
the law, he ought not to proceed upon it
which would be to no purpose but merely
to put persons to unnecessary trouble and
charge. ."-1 Yeates, "a.
Under the above decision it is very evil
dent that where complaints are received
or duplicated without just cause merely
for the purpose of docketing fees to be
drawn from the county on their dismissal,
the county is not liable for the costs.
Respectfully,
HUGH R. FULTON,
July 1, 1890 County Solicitor.