Birmingham state herald., 1897-02-26
No. 666.
AN ACT
II 1nS7

No. 666 AN ACT IT. 1O57 To provide for the payment out of the
 convict funds for certain items of costs
 in felony cases. to fix the amount of
 said items, to prescribe the extent to
 which such costs will be paid. and the
 manner of paying them.
 Section 1. Be it enacted by the general assembly of Alabama, That whenever a defendant is convicted and sentenced to the penitentfary, the following items of costs in the case shall be paid out of the convict fund. to the extent and in the manner hereinafter prescribed, to- wit For issuing each capias, or warrant (once), 50 cents; docketlng cause, 10 cents Issuing each subpoena for states wit nesses, 25 cents. Each undertaking or recognizance and entering same 50 cents. Trial, 50 cents. Entering judg- ment, 25 cents. Final judgmsnt, 25 cents. Record fer supreme court (per 100 words), E cents, not to exceed S3.50 making final record per 100 words), 15 cents, not to exceed in all S2.50. Making transcript and certificate thereof per 100 words), 10 cents not to exceed $5. Entering for feiture against defendant, 50 cents. Sherlffs fees, executing each warrant or writ of arrest, $2. Approving bond, $1. Serving each subpoena for state witness, 50 cents For committing prisoner to jail, $1 For summoning jury in capital eases, s. State witness fees, which are fixed at 75 cents per diem before the grand jury and 70 cents per diem before the court of conviction, and cents per mile for each mile traveled to and from the grand jury and court of conviction, but no witness shall be entitled to fees in more than one case on the same day; cost of committing magistrates and con- stables or preliminary trial, both togeth- CT, not to exceed $5 and, when the con- Viction is secured by a solicitor, other than solicitor who is paid a salary by the state, or when the solicitor is paid a salary by the county, such bill of costs shall also include the solicitors fee, which is now or may be allowed by law; provided, that the surplus money paid into the state and county treasuries arising from the solicitors fees after the solicitors and their assistants have re- spectively been paid the amounts al- lowed them by law. shall be paid, into the fine and forfeiture fund of the respect i've counties in direct proportion to the amount received from the convictions respectively
 Sec. 9 Be 1t further enacted, That the whole costs paid in any one case shall not exceed $150
 Sec. 3. Be it further enacted, That, presently after such conviction, the clerk of the court in which such conviction Is had, shall make out a bill of the costs in the case containing no items, not enumerated in section 1 of this act; he shall make oath to the correctness of each item of said bill, and that the same is a legal charge against the defendant. He shall forward the bill of costs to the president of the board of inspectors of convtcts, or the officer discharging his duties. who shall carefully examine the same and, if found correct, he shall re- quest the auditor in writing to draw his warrant upon the treasurer for the pay ment of said bill to said clerk out of the convict fund. Provided, that no costs shall be paid until the convict has been delivered to the penitentiary officials, and, when a convict is sentenced in more than one case, the costs of the succeed ing cases shaA not be paid until he has served the preceding sentences.
 Sec. 4. Be it further enacted, That costs shall be paid cut of the convict fund only as prescribed in this act, with out regard to special laws for particular counties; but nothing in this act shall be construed to deprive any officer herein enumerated, of any claim, he may have upon the county of his residence or upon any fund thereof, for the per formance of services rendered in his offf- cial capacity, nor deprive any county paying the salary of the solicitor there in of any claim upon the convict fund for the solicitors fees, as provided in sec tions 1 and 2 of this act.
 Approved February IS, 1897
 Official: J. K JACKSON,
 Secretary of State.