certiorari.

SEC. 44. If at any time it shall appear to the said circuit May quash court that the person prosecuting such certiorari has unreasonably delayed bringing on such cause for argument, the court may enter an order to quash such certiorari, and may also direct the sentence of the justice to be carried into effect. SEC. 45. The following fees shall be allowed and paid Fees. under the provisions of this chapter for the services herein named: For making return to writ of certiorari, two dollars.

CHAPTER XV.

Fees.

SECTION 1. For the following services hereafter performed, in the cases authorized by law, the officers hereinafter named shall be allowed, respectively, the fees in this chapter directed.

warrant,

SEC. 2. For taking a complaint on oath, forty cents; a Complaint, warrant, forty cents; for entering any cause upon the docket, etc. forty cents; a bond or recognizance, forty cents; for approving the same, fifteen cents; issuing a subpoena (not exceeding four in any one case), fifteen cents; for certifying cause to other magistrates or court, twenty-five cents; for commitment or mittimus, forty cents; for an adjournment, twentyfive cents; for certificate of conviction to file with the clerk, forty cents; for making and filing return on appeal, or where a party is bound over to the circuit court, or any other court having concurrent jurisdiction, one dollar and fifty cents; for notifying county agent for the care of juvenile offenders of the pendency of the case against any juvenile offender, forty cents; for each arraignment and receiving a plea of guilty, in case such plea is entered, one dollar and fifty cents; for each arraignment where the plea of not guilty is entered, or where examination is waived or demanded, one dollar and fifty cents; for holding examinations, including the taking of testimony and swearing of witnesses, and for the trial of any cause which shall include the swearing of all witnesses, the constable and jury, if one be called, also the judgment and record of any exceptions or motions made during the trial, five dollars per day for each day and two dollars and fifty cents for each one-half day while actually engaged in such examination or trial, or while engaged in hearing any motion relative to such trial or examination, or final disposition of any cause, but such per diem shall not be allowed until such examination or trial shall have been actually begun, and no justices of the peace shall receive any other fees or compensation for any services rendered in any criminal case than such as are herein before provided.

arrest, etc.

SEC. 3. For serving a warrant or other process for the Warrant for arrest of any person, issued by any magistrate or court, fifty cents; for traveling to make such service, going only, fifteen cents per mile, and where an arrest has been made, fifteen cents per mile return travel from the place of arrest to the

Further compensation by supervisors.

Commitment to jail, etc.

Fees of circuit court commissioners.

To be county charge.

Expense of witnesses, when paid.

place of return; for taking a prisoner to jail or to the house of correction, fifteen cents per mile, going only; for serving a mittimus, fifteen cents; serving a subpoena, fifteen cents for each witness, and fifteen cents per mile for the distance actually and necessarily traveled in going to make such service; for summoning a jury, one dollar; for attending the same, one dollar; for attending any court by order of the magistrate or officer before whom a trial or examination is being held, when not in charge of a jury, two dollars per day for each day and one dollar for each half day so actually attending. The board of supervisors of each county may allow such further compensation for the services 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 especially provided by law, such sum as the board of supervisors shall allow.

SEC. 4. For every person committed to jail, thirty-five cents; for every person discharged from jail, thirty-five cents; for taking a prisoner before a court for examination or to jail, fifteen cents; for serving a subpoena, issued from a court of record, fifteen cents for each witness and ten cents for each copy of the same, and fifteen cents a mile on the distance actually and necessarily traveled in going to make such service; 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.

SEC. 5. For services rendered by circuit court commissioners in cases of prosecutions for felonies, or for requiring sureties of the peace, such circuit court commissioners shall be entitled to the same fees as are by law provided for similar services when performed in civil cases by a justice of the peace.

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.

SEC. 7. Whenever any person shall attend any court 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 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 is provided in this section and act.

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

treasurer.

SEC. 9. Upon the production of such certified copy to the Payment by county treasurer, or as soon thereafter as he shall have 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.

applicable.

attorney's

SEC. 10. The provisions of law prohibiting the taking of Provisions 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. SEC. 11. In all criminal prosecutions where an indictment Prosecuting shall be found and judgment for costs against the defendant fees. 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 defendant, two dollars; for every discharge of the prosecution on the acknowledgment of satis faction in such cases as are authorized by law, two dollars. SEC. 12. In all prosecutions for any crime or misdemeanor, Security 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 examination by such magistrate, or acquitted on trial, or a nolle prosequi be entered on the indictment by order of the court before which it may be pending, the complainant shall pay all costs which shall have accrued to the court, sheriff, constable and jury, and upon proceedings had upon such complaint, execution shall issue for the collection of such costs as in civil cases, as well against the surety as against the complainant, 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.

for costs.

fees.

SEC. 13. Whenever any person shall attend any court as witness a witness in behalf of the people of this state upon request of the public prosecutor, or upon a subpoena, or by virtue of any recognizance for that purpose, he shall be entitled to the following fees: For attending in a court of record, two dollars. for each day and one dollar for each half day; for attending in a justice court or upon an examination, one dollar and fifty cents for each day, and seventy-five cents for each half day; and for traveling, at the rate of fifteen cents per mile in going to the place of attendance, to be estimated from the residence of such witness if within the state; if without the

Attendance proved.

When unable
to procure
attendance
of witness.

When unable to procure counsel.

Enlarged compensation, when to receive.

Attorney to file affidavit.

state, from the boundary line which witness passed in going to attend the court.

SEC. 14. 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 justice, countersigned by the prosecuting attorney of the county, shall authorize the county clerk to draw an order upon the county treasurer for the payment of the fees of such witnesses attending such justice court as aforesaid, which order shall be paid by the said county treasurer in like manner as witness fees in courts of record are paid, and an order therefor from the clerk of such court of record shall authorize the county treasurer to pay the fees of witnesses attending such court of record as aforesaid in the same manner as the fees of jurors attending such courts are paid.

SEC. 15. If any person accused of any crime or misdemeanor, and about to be tried therefor in any court of record in this state, shall make it appear to the satisfaction of the judge presiding over the court wherein such trial is to be had, by his own oath, or otherwise, that there is a material witness in his favor within the jurisdiction of the court, without whose testimony he cannot safely proceed to a trial, giving the name and place of residence of such witness, and that such accused person is poor and has not and cannot obtain the means to procure the attendance of such witness at the place of trial, the judge in his discretion may, at a time when the prosecuting officer of the county is present, make an order that subpoena be issued from such court for such witness in his favor, and that it be served by the proper officer of the court. And it shall be the duty of such officer to serve such subpoena, and of the witness or witnesses named therein to attend the trial, and the officer serving such subpoena shall be paid therefor, and the witness therein named shall be paid for attending such trial, in the same manner as if such witness or witnesses had been subpoenaed in behalf of the people.

SEC. 16. Whenever any person charged with having committed any felony or misdemeanor shall be unable to procure counsel, and the presiding judge shall appoint some attorney to conduct the defense, the attorney so appointed shall be entitled to receive from the county treasurer on the certificate of the presiding judge that such services have been duly rendered, such an amount as the presiding judge shall in his discretion deem reasonable compensation for the services performed.

SEC. 17. An attorney shall not, in such case, be compelled to follow a case into another county or into the supreme court, but if he does so, may recover an enlarged compensation to be fixed by the court.

SEC. 18. Only one attorney in any one case shall 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.

SEC. 19. Whenever any person shall attend any court as Fees of an interpreter for the purpose of interpreting the testimony interpreters. of any witness given in behalf of the people of this state, or for the purpose of translating or interpreting any writing or document introduced or used in any court in behalf of the people of this state, either upon request of the prosecuting attorney or by and with the consent of the presiding judge or justice of the peace, he shall receive such compensation as shall be ordered by said presiding judge or justice of the peace: Provided, That the compensation for such interpreter Proviso. in the justice court shall not exceed the sum of five dollars for each day and the sum of two dollars and fifty cents for each one-half day actually employed. The certificate of the clerk of a court of record or of a justice of the peace stating the amount ordered to be paid as herein before provided, shall authorize the county treasurer to pay the amount therein stated.

SEC. 20. The expenses of all prosecutions against persons Malfeasance holding or who may have held any state office, for malfeasance in office. in office, shall be paid from the general fund, by the state treasurer, and the board of state auditors are hereby authorized and empowered to allow all just and legal claims for such prosecutions, and this section shall be deemed to apply to the expenses of any prosecutions already commenced, as well as to any which may occur in the future.

SEC. 21. Whenever the attorney general shall institute Criminal criminal proceedings in any county in this state, all costs proceedings. incurred in such proceedings, except the pay of circuit judges, prosecuting attorneys, and circuit court stenographers, may be paid by the state with the approval of the state administrative board.

CHAPTER XVI.

Miscellaneous Provisions.

property.

SECTION 1. When complaint shall be made on oath to any warrant to magistrate authorized to issue warrants in criminal cases, search that personal property has been stolen or embezzled, or obtained by false tokens or pretenses, and that the complainant believes that it is concealed in any particular house or place, such magistrate, if he be satisfied that there is reasonable cause for such belief, shall issue a warrant to search for such property.

SEC. 2. Any magistrate may also, upon like complaint Search warmade on oath, issue a search warrant, when satisfied that rant, when there is reasonable cause, in the following cases, to-wit:

issued.

(1) To search for and seize any counterfeit or spurious Counterfeit coin, forged bank notes or other forged instruments, or any coins.