jail, or other place of safe-keeping, if there is a sufficient number of apartments to keep them separate, must, on conviction, be fined not less than fifty, nor more than one hundred dollars.

CHAPTER 141.

COSTS AND FEES.

ARTICLE 1.-GENERAL PROVISIONS CONCERNING COSTS AND FEES. 4558, 4559.

2.-FEES OF ATTORNEY-GENERAL. 4560.

GENERAL PROVISIONS CONCERNING COSTS AND FEES.

4558 (4892) (5017) (3534) (3063). No fee charged unless expressly authorized. The law of costs must be deemed and held a penal law, and no fee must be taken but in cases expressly provided by law.

Statutes on subjects of fees and costs are penal, and must be strictly construed.-Dent's case, 42 Ala. 514; Lee v. Smyley, 16 Ala. 773. See Caldwell's case, 55 Ala. 133. Motion to retax costs; appeal will lie from.-Dent's case, supra. Neither state nor county liable for costs incurred in prosecutions, except to extent and in manner provided by statute.-Greene County v. Hale County, 61 Ala. 72. State never taxed with costs.-Eslava v. Ames Plow Co., 47 Ala. 384; Pollard v. Brewer, 59 Ala. 130. County liable for costs on failure in action against bail.-Dover's case, 45 Ala. 244. Pay of defendant's witnesses not part of costs.-Hill's case, 78 Ala. 1. Assessed value of property not part of costs, where sentence is to penitentiary.-Skinner v. Dawson, 87 Ala. 348. Costs incurred under an indictment which is quashed is no part of costs in subsequent trial for same offense.-Bazell's case, 89 Ala. 14. "Costs" which a defendant may be sentenced to hard labor to pay includes officers' fees incurred in behalf of state, but not for the defense.-Bowen's case, 98 Ala. 83. "Costs and fees" defined.-Bradley's case, 69 Ala. 318.

4559 (4893). When prisoner deemed insolvent; return of execution. No prisoner shall be regarded as insolvent without the return of "no property" upon execution issued against him, in the particular case; and no execution shall be so returned within less than thirty days from the time it goes into the hands of the sheriff.

ARTICLE. 2.

FEES OF ATTORNEY-GENERAL.

4560 (4867) (5048) (4344) (793). Attorney-general's fees.-In all criminal cases taken to the supreme court, if judgment is there rendered in favor of the state, the attorney-general is entitled to at fee of fifteen dollars, to be taxed and collected as costs.

ARTICLE 3.

FEES AND COMMISSIONS OF SOLICITORS.

4561 (4868) (5047) (4343) (792). Solicitors' fees.-Solicitors are entitled to the following fees, to be taxed against the defendant, on conviction, and if he is insolvent, to be paid out of the fines and forfeitures in the county treasury-that is to say:

For each conviction under section 4795 (4055), or 4808

(4068) . .

.$150 00

For each conviction under section 5128 (3942), 5117 (3932), 5327 (4075), or 4770 (3847)

5117

100 00

For each conviction under section 4799 (4059), 4801 (4061), 4804 (4064), 5546 (4143), 4854 (3725), 4858 (3729), 4860 (3731), 4855 (3726), 4856 (3727), 4863 (3734), 4861 (3732), 4862 (3733), 5444 (3736), 5446 (3738), 5447 (3739), 5449 (3740), 5479 (3742), or 4336 (3780)

.

75 00

For each conviction under section 4797 (4057), or 4798 (4058) 60 00 For each conviction under section 4310 (4012), 4406 (4016), 4654 (4033), 5078 (4038), 5079 (4039), 4771 (3848), or 4772 (3849)

For each conviction under section 4792 (4052), except when
the defendant pleads guilty; and for each conviction under
sections 4420 (3775), 4421 (3776), 4422 (3777), 4653 (4032),
5082 (4041), 5083 (4042); and for each conviction of felony
not otherwise provided for
For each conviction under section 4803 (4063), 5151 (3901),
or 4551 (3986)

For each conviction of a violation of the revenue law, not otherwise provided for

37 50

30 00

25 00

30 00

In proceedings to vacate charter, or for usurpation, or forfeiture of office, if judgment is rendered for the plaintiff. 100 00 For each conviction under section 4792 (4052), when the defendant pleads guilty; and for each conviction under section 5065 (3773), and for each conviction of an assault, assault and battery, or affray, where a stick or other weapon is used

On conviction in cases of bastardy

For each conviction of a misdemeanor, not otherwise provided for

Feb. 28,

1887, p. 116.

$3.

Feb. 10,

1887, p. 125,

$2.

For securing the conviction of any corporation for violating
any law of the state.

.

For securing the conviction of any person for obtaining regis-
tration of any animal by false representations as to breed-
ing
For each conviction of a violation of sections 5076 (4036),
5081 (4040), 5082 (4041), 5083 (4042), or any law pro-
hibiting the sale of spirituous, vinous or malt liquors, not
herein otherwise provided for
For each conviction in a case removed from the county court,
or from a justice's court, the same fee as if the case had
originated in the circuit or city court; and for convic-
tions in the county court, the same fees and emoluments
that they are allowed by law for similar convictions in the
circuit or city court; but they shall only receive one fee in
cases that are convicted in the county court, and the de-
fendant appeals to the circuit or city court, and is again
convicted on the same charge, such fee to be equally di-
vided between the solicitors for the county court and the
circuit or city court.

Only one fee in such case.-Banks's case, 96 Ala. 41.

For prosecuting a defendant charged with a criminal offense,
whose case has been removed from any court of such solic-
itor's circuit into the United States court, to conviction in
the latter court, or for making and successfully prosecut-
ing motion in such court to remand the cause to the state
court, the same fee as is allowed to him upon conviction
in the state court for same offense; to be taxed and col-
lected as such fee would be taxed and collected on convic-
tion in state court. And any attorney appointed by him
to appear for, and represent the state in such cases, in his
stead, shall be entitled to same fees for like services, to be
taxed and collected in same manner; but in no case less
than

On all forfeitures collected by the clerk or sheriff, five per
centum thereof.

.$ 50 00

50 00

30 00

25.00

Entitled to only one fee when two or more indicted and convicted jointly. Dent's case, 42 Ala. 514; Brown's case, 46 Ala. 148. Under indictment for assault to murder with weapon, plea of guilty of simple assault denies the intent only, and solicitor's fee is fifteen dollars.-Adams's case, 48 Ala. 421. Where two counts joined, and one nol. prossed, and conviction had under the other, solicitor's fee taxed under latter.-Ex parte Tompkins, 58 Ala. 71. Effect of repeal and re-enactment of statute on provision fixing fees.-Caldwell's case, 55 Ala. 133. Solicitors' fees same in county court as in circuit court.-Murphy's case, 71 Ala. 15. Solicitors' fees as to lotteries.-Hawkins's case, 89 Ala. 103.

ARTICLE 4.

FEES OF CLERKS OF CIRCUIT AND CITY COURTS.

4562 (4369) (5041) (4337) (786). Fees of circuit and city court

clerks. Clerks of the circuit and city courts are entitled to the fol

Each entry of the discharge of bail on surrender of the principal, to be paid by the bail

50

.

Entering order of removal of trial, and the incidents of such
removal

Making transcript and certificate, for each hundred words
Entry of forfeiture against defendant.

Final judgment of forfeiture against defendant

Entry of forfeiture against witness or juror, each
Issuing execution . .

Final record, for each hundred words

1 00

4

15

50

50

25

50

15

Record for supreme court, for each hundred words.

Certifying same

15

25

For recording indictments and making certified copies thereof, under sections 4916 (4388) and 4920 (4392), to be taxed as a part of the costs in the case

25

4563 (4870) (5042) (4338) (787). Costs, how taxed and collected. Of the fees specified in the preceding section, such as accrue on a forfeiture against a defaulting juror, witness, or bail, must be taxed as costs, and collected under execution against such witness, juror, or bail, unless excused therefrom by the court; and all other specified fees for such services as are rendered in the case must be taxed as costs against the defendant, on conviction, or against the prosecutor, or the foreman of the grand jury, as provided by section 5041 (4355), and collected by execution; and in all trials in the circuit. or city courts, or county courts, where the state fails to convict, or the indictment abates, or is nol. prossed, or withdrawn, the fees of the sheriffs and clerks of said courts shall be paid out of the fine and forfeiture fund; but said sheriffs and clerks must make affidavit before the circuit, city, or probate judge of the amount due them; and the right of said sheriffs and clerks to such payment of their said fees shall be postponed to the rights of state witnesses, as they now exist.

Bradley's case, 69 Ala. 318; Hill's case, 78 Ala. 1; Skinner's case, 87 Ala. 348. 4564 (4871) (5024). Clerks of city and criminal courts; how paid. The legal fees of the clerks of the city and other criminal courts, in criminal causes, shall, at the termination of such causes, be paid to the clerks in the same manner, and to the same extent that clerks of the circuit courts are paid; and all laws now in force,

or which may be hereafter enacted, providing for the payment of fees in state cases to clerks of the circuit courts are made applicable to clerks of city and other inferior courts.

ARTICLE 5.

FEES OF SHERIFFS.

4565 (4872) (5043) (4339) (788). Sheriffs' fees and allowances; sheriffs to file application for fees, when.-Sheriffs are entitled to the following fees and allowances in criminal cases-that is to say: For executing search-warrant by day For executing search-warrant by night.

For executing warrant or writ of arrest

For each bond or undertaking returned to court
For serving each subpoena or notice

For committing prisoner to jail.

.$ 1 00

2.00

2.00

1.00

50

1.00

For summoning jury in capital case, or at any special court
for trial of criminal.

3.00

Feb. 27,

1889, p.120.

For attendance each day on such court, to be paid by the
county.

2.00

For execution of criminal, and all incidents, to be paid by
the county.

Feb. 28,
1887, p. 96.

For levying and making money on execution for costs
For feeding each prisoner in jail under charge or conviction
for any indictable offense, to be paid by the state, for each
day.

But upon conviction, the fees for feeding such prisoner,
though to be paid by the state, must be taxed against him
as part of the costs to be collected by execution; and such
fees, when collected, shall be paid to the clerk of the court
from which the execution was issued, who shall give to the
officer from whom he receives the same, receipts in dupli-
cate, showing the amount, from whom, and the case in
which the money was collected, one of which shall, within
ten days, be forwarded to the auditor; and the clerk shall
forthwith pay over the money so received by him to the
state treasurer for the use of the state. In no case shall
any defendant, on conviction, be sentenced to hard labor
for the payment of the sheriff's fees for feeding him while
in jail. And when any person or contractor has entered
into contract to work at hard labor any prisoner confined
in jail under conviction and sentence, outside the walls of
the penitentiary, the compensation of the sheriff for find-
ing such prisoner after the taking effect of the sentence
against him, must be paid by such person or contractor
before the prisoner is removed from the jail.

50 00 1. 00

30