The daily morning journal and courier., 1894-08-02
oSLYoNE SET OF COSTS.
The New Rules Governing Their Taxation
 -Aimed st sherifYs and Justices.

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 The New Ruies Governing Their Taxation
 -Ai.nsd at sherifrs and Justices.
 The new rules governing the taxation Of costs in criminal case adopted by the supreme court last month do not meet with the approval of the court officers. as they will cut down their fees very materially.
 A conservative estimate of the amount ft will reduce the sheriff's fees Is held to be about 5000 year. The deputies and all officers come in under the new rules for corresponding cut down. Justices and grand jurors are given notice in the rules that if any of their cases come to the superior court the costs will be- taxed according to the new scale and therefore they need ex- pect no deviation.
 The first section of the rules is en- tirefy new. It is as follows:
 No fees will be taxed in the superior court for witnesses called before courts of inquiry only to impeach or support character.
 This means that In cases where an accused person in binding over case is having a preliminary examination witnesses called simply to testify for or against his character will not receive any compensation.
 Section 2 of the old rules Is changed, and is now as follows:
 Section 2.-An officer or indifferent person serving subpoenas in criminal cases will not be allowed fees for re- turning the same to the court unless he returns them in person or actually pays for their return, and then only the sum paid will be allowed, not exceeding the legal fees for returning civil process. Nor will he be allowed fees for return ing more than one subpoena In the same cause if at the same time or session, unless for special reasons approved by the court.
 No fees shall be allowed for construc- tive travel in the service of any pro- cess.
 Heretofore officers were allowed com pensation for the return of each sub- poena served. The last paragraph also helps cut down officers fees by allow ing them fees only for the actual dis tance travelled and not estimated travel in serving any process.
 Section 3.-An officer or other person serving a subpoena or capias in crimi- nal causes on behalf of the state upon witnesses who are poor and unable to procure the means of travelling to the court will be allowed reasonable com pensation for procuring the conveyance of such witnesses to the court, and a reasonable sum will be taxed for the support of such witnesses during their necessary attendance at court, provid- ed a previous order or authority shall be given to said court, if in session, or by the states attorney, if said court is not in session, for that purpose.
 The section given above Is practically new. It has been the custom only to pay witnesses in criminal cases after they had attended court. This Is modi- fled now and the section made more like that one relating to civil cases where witnesses could demand witness | lCSc OCLOAC SOiu6 1ulU COuIt.
 In section 4 a very important change is made in the pay. of witnesses. By the old rule witnesses were allowed travel and attendance for every day in court, but as shown by the paragraph only one days attendance is allowed and actual expense for every succeed ing day. The paragraph is as follows: l Section 4.-Witnesses shall receive fifty cents day for attendance, and ten cents mile for travel on the first day of attendance, and for each subse- quent day actual travelling expenses, not exceeding ten cents a mile. Witnesses in attendance in more cas- es than one at the same time will be allowed fees for travel and attendance in one case only: and the court, at its discretion, may divide the amount taxed as shall seem just between all the cases. No fees shall be allowed to by islanders called as witnesses.
 Section 6.-The sheriffs' fee of enc dollar for execution by service, and re- turn of each warrant for commitment of convicts to states prison, shall be taxed in the bill of costs; and the ex- pense of transportation of convicrs, in- cluding expense for necessary assis- tance not exceeding three dollars per day for each assistant from jail to state prison, cannot be taxed unless accompanied by an itemized bill show ing in detail the sums actually neces- sary for such transportation. When the sheriff in person conducts the con- veyance of convicts he shall be allowed in addition to the Expense of transpor- tation a sum not to exceed three dollars for each convict delivered at the prison. Section is one of the worst cuts that' the sheriff receives. It has been cus- tomary to allow twenty-five cents mile for every prisoner taken to state prison, besides expenses for transpor- tation. This Is changed 50 that it will cut the fees for this branch of the work of the office in halves.
 Section 7.rWhen more than one pros- ecution shall be pending at the same time against the same person, whether in the same or different courts, for offenses which could have beer, joined in one prosecution, no more costs shall be taxed than would have been taxable If said offenses had been so joined, un- less the court taxing the costs shall be clearly satisfied that public interests were promoted by such separate prose cution.
 Section 8.-When two or more per- sons are prosecuted separately for an offense committed by them. for which