The Montgomery advertiser., 1907-05-11
INTERESTING QUESTION.

How Long Shall a Prisoner Work to
Pay Costs.
Hon. o. ]. Semmes, Judge of the
City Court in Mobile, has written the
following letter to The Mobile Regis-
ter, which certainly brings up a new
phase in the matter of penalty tor
costs:
to the hiring of county convicts and
desire to call attention to that part re-
lating to sentencing to hard labor for
the payment of costs. We ind -wo
sections in the code relating to the sub
ject. Section 4532 IAN addi-
tional sentence not to exceed ten months
in any case for the payment of costs
of conviction may be imposed; and the
court must determine the time requir-
ed 10 work out such costs at the rate
of 80 cents per day Under !his
section The Register correctly states
the law, as there is no qualifying
clause, but there is another section
(5426) with qualifying clauses, and as
these are not in conflict with Section
1892 they are of force. The section is:
If the costs are not presently
paid or judgment confessed therefor,
as provided by law, then the court may
impose additional hard labor fer the
county for such period, not 20 exceed
ten months, as may be suf1cient to pay
the costs, at the rate of 80 cents per
day, and the court must determine the
time required to work out such costs
at that rate; and such convict must
be discharged from the sentence
against him for the costs on the pay
ment thereof, or any balance due there
on, by the hire of such convict or 9TH
erwise; and the certificate of the judge
or clerk of the court in which the con-
viction is had, that the costs or resi-
due thereof after deductlng the amount
REALIZED from the hire of the con-
vict, have been paid, or that the HIRE
or labor of the convict, as the case may
be. AMOUNTS TO a SUM SUFFICIENT
TO PAY THE COSTS shall be sum
Client evidence to authorize such dis
charge" Qtalics mine.) The act does
not provide that the convict shall be
discharged on paying an amount equal
t. the costs, less an amount equal to
80 cents a day multiplied by the num-
Der of days served, the language is:
Such convict must be dis2hlrSed from
the sentence against linn for costs on
the payment thereof or any balance
due thereon, by the hire of such con-
Wet or otherwise This part of the
act is not as clear and explicit as 1t
might be, but 1t is Interpreted by the
latter part which requires the judge
or clerk to make a certificate that the
costs or the residue thereof after de-
Quoting the AMOUNT REALIZED from
hire of the convict have been paid.
Under this provision, II convict is
sentenced to 166 days for the payment
of $50 costs and is hired out for SIS
a month, after serving one month he
would be entitled to his discharge on
the payment of $25, the residue after
dcductmE the amount realized, VIZ.
$25. If 1t were contemplated that the
act only applied when the costs or
part thereof were paid in money, 1t
would end with the last above quoted
words, hut it does not, it proceeds and
provides, or that the HIRE of labor of
the convict, as the case may be,
amounts to a sum sufficient to pay the
costs shall be sufficient evidence to au-
thOrizc such discharge Insert in
place OF the noun hire its definition
and We have, or that the wages; the
reward or recOmpense paid for PER
sonal services of the convict amounts
THE supreme Court of Alabama has
not passed upon this phase of the law,
or if it has l am unable to find, the
case. II is my opinion that the Leg
islaturc intended simply to provide for
the enforced payment of costs and
that when the costs were paid in
money. or when the county had re-
ceivcd from the hire of a convict
sum sufficient to pay all costs, he shall
he discharged.
III | am in error as to the construc-
ton placed upon the act. the Lesisla-
ture should so amend II as to make II
susceptible of such construction.
20. ]. Semnes.
Mobile Ala May g. 1907 ="