The daily gazette., 1882-12-05
LEGAL FEES.
the Lawful Cost of . Plain Drunk-high
FIwures for Feeding Prisoners.

The Lawful Cost of . Plain Drunk-high
FIxures for Feeding Prisoners.
To THE EDITOR OF TUB 6AxBTTn :-l /
send YOU for publication the following, /
taken from the Revised Code, page 62A
This Ia a matter ofintefest 70 many persons
in Wilmington. The law In regard 70 ieee
charged TO defendants IN criminal cases 10
shameiully abused. Fees are exacted from
the unfortunate persons who are tffed Tor
trivial offence against the law, and tho |
Mayor, Justice Of the Peace or any other |
pereon authorized to try cases OF . criminal
nature imposing fees not specified IN the law
Il guilty OF malieasence In Office, and should
be made TO suffer the penalty. tFust the
Legislature will revise the law, so that those
exactlng tees not specified in the law, VIII
be made to suffer for the violation.
For rexample, man brought To the police
station helplrssly drunk. He oilers no re
sistence aud creates no diAorder. being dead,
| as II we're, for the time being. He 10 tried
| ior being drunk and found guilty. NOW,
| what are the ftes this man has right 70
| nav under the lawi There has been no
| affidavit made and no warrant iseued. rage
E9l. section IA, Revised Code, states that
the fine for getting drunk is 30 cents.
the officer paid 81 for hauling drunken
person, who was not disorderly, or brought
him iu wheelbarrow, the mayor or Justice
OF the coat. Ii be does IL 10 In violation
Of the Law. aud it is time that oil such
violations OF law were stopped. The mayor
| or Justice has no discretionary power ana
| they are confined strictly to the lee Dill, as
found on page d22. There can be no fee
charged legally where DO service was rem
derrd or writ issued. Now, what are the
legal fees In the caee referred tot Accord
! ing TO the fee bill the fne IL so cents and no
I af94s,ar Ia AnliIiRd hl eenta.
the same as though he did serve q warrant.
(See page 623.) The justice or mayor u
| entitled 70 bot Is cents Tor entering Judg.
ment and the legal fees this man has u right
: 10 nav amuunts TO Si.l5, provided he paid
9 he amount without commitment being
:, | made out. II it was made out the fee 10 =
pnts, in which case tho legal coats woult
y be SLAB aud no more.
d Now, let US suppose . case. persoI
o appears before the mayor or justice. MAXIM
= ,oiuplaint against B. for being drunk sn'
lisorderly. The fees in this Case would b
i, 40 follows:
J" FOR taking the deposition OF the complain
!" ant ...,....,. ....t- ''.''''''''.'''''''''
ri For issuing warrant t....,.....,,;........
suppose there is Two witnesses 10 Do SUM
F. moned
%. IA. Jaw says for the first -. ...... ,....
: subsequent writs for either party, each.
~ Each writ shall Include all the witnesses
c. named for same party before issuing it,
Entering Judgment ...,.... .,....;;:.
re- Now suppos5 the person is found guilty
n and hu,d y for being drunk and dis
orderly and costs. He refuses 10 pay,
III then, fvr u acummitment. ..................
-. ---
Legal fees for Mayor or Justice. VI.
ce Fess Of the constable, warrant.
rt | Jne mile " in the city. ty..,............-......
. me subpoena ...-.............'...'..''
90 MhaBe, Oue mile. e...............,., go. ...''
IT, second subpoena, If served at the same
n, time. .....''..''.''''''''''
a All the legal fees ...,...-. .............,..$2
= FIne .......................... .
Iis e.
n Two Witnesses 80 cents esch................ l.
Jns mile each, cents. .....................t
IN Legal costs of case. OBSERVATION-DISCLOSURES.
If the defendant was held for Court the
RI =.
TOtAl. Al......................... W