Officer receiving fees to give receipt.

Fees for administering oath of ofAce.

(5673.) SEC. 42. Every officer, upon receiving any fees for any official duty or service, shall, if required by the person paying the same, make out in writing and deliver to such person, a particular account of such fees, specifying for what they respectively accrued, and shall receipt the same; and if he refuse or neglect to do so, he shall be liable to the party paying the same for three times the amount so paid.

(5674.) SEC. 43. No fee shall be charged by any officer, for administering the oath of office to any member of the Legislature, to any military officer, or to any township officer, and no more than twelve cents shall be charged for administering such oath to any other officer.

SEC. 44, 45, 46. (i)

Fees of Attorney

for defending

appointed by Court.

1 Mich. Rep., 461..

An Act to Provide for Feeing an Attorney when appointed by the Court.

[Approved February 14, 1857. Took effect May 18, 1857. Laws of 1857, p. 239]

(5675.) SECTION 1. The People of the State of Michigan enact, criminals when That an Attorney appointed by a Court to defend a person indicted for any offence, on account of such person being unable to procure counsel, shall be entitled to receive from the County Treasury, on the certificate of the presiding Judge that such services have been duly rendered, one of the following fees: For defending in a case of murder, twenty-five dollars; in case of other felonies, ten dollars; in case of misdemeanors, five dollars.

not follow case

County, or into

Attorney need (5676.) SEC. 2. An Attorney shall not, in such case, be into another compelled to follow a case into another county or into the Supreme Court. Supreme Court, and if he does so, may recover an enlarged compensation, to be graduated on a scale corresponding to the prices above allowed.

Only one Attor ney to receive

any one case.

(5677.) SEC. 3. Only one Attorney in any one case shall compensation in receive the compensation above contemplated, nor shall he be entitled to this compensation until he files his affidavit in the office of the County Clerk, in which such trial or proceedings may be had, that he has not, directly or indirectly, received any compensation for such services from any other source.

(1) Repealed by Act 206, o 1848. Laws of 1848, p. 313, Sec. 9.

SECTION 1. For the following services hereafter per Fees in criminal n the cases authorized by law, the officers hereinafter cases. all be allowed, respectively, the fees in this chapter

JUSTICES OF THE PEACE.

Peace.

SEC. 2. For administering every oath, six cents of Justices of the nineteen cents; a bond or recognizance, twenty-five subpoena, six cents for each witness, not exceeding y one case; certifying the cause of commitment to istrates, of to any Court, thirteen cents; a commitant of bail, nineteen cents; for any other services. oy a Justice in criminal proceedings, the same fees ar services rendered in civil proceedings.

Of Constables.

Further compen sation may be al lowed.

CONSTABLES.

(5680.) SEC. 3. Serving a warrant or other process for the arrest of any person, issued by any magistrate or Court, fifty cents; and the same fees for traveling to make such service as are allowed in civil cases; taking a defendant into custody on a mittimus, thirteen cents; conveying a person to the magistrate or Court before whom he is to be brought, thirteen cents, if within one mile, and for every mile more, going only, six cents; serving a subpoena, thirteen cents for each witness, and the like mileage as above provided; but mileage shall be allowed only on the distance actually and necessarily traveled.

The Board of Supervisors of each county may allow such further compensation for the service of process, and the expenses and trouble attending the same, as they shall deem reasonable; for other services in criminal cases, for which no compensation is specially provided by law, such sum as the Board of Supervisors shall allow.

Of Clerks.

CLERKS.

(5681.) Sec. 4. Swearing a witness, six cents; entering a recognizance, thirteen cents; calling and swearing a jury, nineteen cents; for other services, the same as provided in civil cases.

Of Sheriffs.

SHERIFFS.

(5682.) Snc. 5. For every person committed to prison, thirtyeight cents; for every person discharged from prison, thirtyeight cents; for serving a warrant or performing any other duty which may be performed by a constable, the same fees as are allowed by law to a constable for such service; for other services not herein specially provided for, such sums as may be allowed by the Board of Supervisors.

Fees to be County charges.

GENERAL PROVISIONS.

(5683.) SEC. 6. The fees hereinbefore in this chapter allowed for services, except those which are otherwise provided for by law, shall be county charges, and shall be audited by the

Board of Supervisors of the County in which the services are rendered, and shall be paid in the same manner as other contingent charges of the county.

nesses.

(5684.) SEC. 7. Whenever any person shall attend any Court In respect to Wit of Record as a witness in behalf of the People of this State, upon request of the Public Prosecutor, or upon subpoena, or by virtue of a recognizance for that purpose, and it shall appear that such person has come from any other State or Territory of the United States, or from any foreign country, or that such person is poor, the Court may, by an order to be entered on its minutes, direct the County Treasurer of the County in which the Court may be sitting, to pay to such witness such sum of money as shall seem reasonable for his expenses; and no fees shall be allowed or paid to witnesses on the part of the People in any criminal proceeding or prosecution, except as in this section above provided. (a)

der.

(5685.) SEC. 8. The Clerk of the Court by which such order clerk to issue or shall be made, shall immediately make out and deliver a certified copy thereof to the person in whose favor the same is made, without any fee for such service.

(5686.) SEC. 9. Upon the production of such certified copy County Treasures to the County Treasurer, or as soon thereafter as he shall have to pay. sufficient moneys in his hands, he shall pay to the person authorized to receive the same, or to his order, the sum of money so directed to be paid, which shall be allowed to the Treasurer in his accounts.

ing unlawful fees.

(5687.) Sec. 10. The provisions of law prohibiting the penalty for take taking of any fees for services in civil cases, other than such as are allowed by law, shall apply to the taking of fees in criminal cases beyond the amount allowed by law for such

services.

ing Attorney to

of County.

(5688.) SEC. 11. In all criminal prosecutions, where an rees of Prosecute indictment shall be found, and judgment for costs against the be taxed for uss defendant shall be rendered, there shall be taxed for the use of the county, the following fees for the services of the Prosecuting Attorney, to wit: For drawing an indictment, two dollars; for trying the cause, four dollars; for arguing each motion in arrest of judgment, or for a new trial, two dollars; for services where exceptions are taken by the defendant, two dollars; for every discharge of the prosecution on the acknow

(a) See the Act next following, which repeals that portion of this Section in italics.

ledgment of satisfaction in such cases as are authorized by law, two dollars.

Becurity for costs

in criminal case

prosecutor.

An Act Relative to the Costs of Proceedings in Criminal Cases.

[Approved March 13, 1849. Laws of 1849, p. 76.]

(5689.) SECTION 1. Be it enacted by the Senate and House of to be given by Representatives of the State of Michigan, That in all prosecu tions for any crime or misdemeanor, when the prosecution is at the instance of a private person, and not of some public officer or of the grand jury, such person shall give security for costs, and if the defendant or prisoner be discharged on exami nation by such magistrate, or acquitted on trial, or a nolle pro sequi be entered on the indictment by order of the Court before which it may be pending, the prosecutor shall pay all costs which shall have accrued to the Court, Sheriff, Constable and jury, and upon proceedings had upon such complaint, execu tion shall issue for the collection of such costs as in civil cases, as well against the surety as against the prosecutor, unless the Magistrate or Court before whom the complaint is made or trial is had, shall certify in his minutes that there was probable cause for the making of such complaint.

Fees of Witnescriminal

ses in cases.

How such fees proved and allowed.

(5690.) SEC. 2. That whenever any person residing out of the township or city where the Court may be held shall attend any Court as a witness in behalf of the People of this State, upon request of the Public Prosecutor, or upon a subpoena or by virtue of a recognizance for that purpose, he shall be entitled to the following fees: For attending in a Court of Record, seventy-five cents for each day, and thirty-seven and one half cents for each half day; for attending in a Justice's Court, or upon an examination, fifty cents for each day and twenty-five cents for each half day, and for traveling, at the rate of six cents per mile in going to the place of attendance, to be estimated from the residence of such witness, if within this State; if without this State, from the boundary line which witness passed in going to attend the Court.

(5691.) SEC. 3. In Courts of Record such witness shall prove his attendance and travel in open Court, before the Clerk, and in Justice Courts before the Justice, on the day of trial, or upon an examination, and a certificate thereof, from the Clerk or Justice as the case may be, shall authorize the Board of Supervisors of the proper county to audit and allow the fees