For feeding each prisoner confined in jail for contempt of court, or under attachment, or as a witness, or by virtue of any warrant or other process to keep the peace, or on account of insanity, to be paid by the prisoner, or by the state, if he is insolvent, for each day For feeding prisoner under bastardy proceedings, to be paid .$ For removing any prisoner in cases where there is no jail in the county in which the offense is committed, or the jail therein is insecure, to the jail of another county, and for returning him to the jail of the county from which he was removed, or to court for trial, three dollars for himself or his deputy acting in his stead, and two dollars for each guard for each day they are respectively engaged in such removal, together with the actual necessary traveling expenses of himself or deputy, and guard or guards, and prisoner or prisoners while on the trip, by the nearest route usually traveled between the points from and to which such removal is made, to be taxed against, and paid by such prisoner, on conviction, or, if he is insolvent, or is acquitted, by the county in which the offense was committed; but in no case shall the county to which such prisoner was removed be liable for such costs or fees. For removing any prisoner upon a change of venue granted in his case, or who is arrested and confined in jail in a county other than that in which he is triable, or arrested for contempt, three dollars for himself or his deputy acting in his stead, and two dollars for each guard for each day they are respectively engaged in such removal, together with the actual necessary traveling expenses of himself or deputy, and guard or guards, and prisoner or prisoners while on the trip, by the nearest route usually traveled between the points from and to which such removal is made, to be paid by the state upon his sworn account therefor, accompanied by a certificate of the clerk of the court in which such prisoner is triable, that such fees have been reported to, and docketed by him. If such prisoner is convicted, the clerk of the court in which the conviction is had shall tax the costs of such removal against him, and shall immediately, upon the adjournment of the court, issue execution therefor, and for the other costs, and deliver the 30 30 3.00 Dec. 12, Ib. Ib. §§2, 3. Ib. §4. Ib. $5. Feb. 10, same to the sheriff of his county; and such sheriff, upon the 4566. Guards; application therefor to be in writing under oath; when allowed.-Whenever the sheriff makes application for the employment of a guard in the removal of a prisoner, such application must be in writing and briefly set forth the facts necessitating the employment of a guard, which shall be verified by oath and filed in the office of the judge of probate of the county to which such removal is made, and the judge making the order of removal, if he grants the application for a guard, shall indorse thereon that he has investigated the facts and believes a guard to be necessary. But no guard shall be obtained for the removal of a prisoner charged with a misdemeanor, except upon the order of the governor, or a circuit judge, in cases when it is necessary to protect the prisoner from violence. 4567. Auditor may prescribe route to be traveled in removing prisoners. The auditor, with the approval of the governor, may, from time to time as he deems necessary, prescribe the routes which shall be taken in the removal of prisoners; and after the sheriff has been notified of the route so prescribed, no compensation shall be paid him for the removal of a prisoner carried by any other route. 4568. Two preceding sections apply to county as well as to state removals. The provisions of the two preceding sections apply alike to cases in which removal fees are payable by the county, and by the state. 4569. Expense of bringing back absconding felon on requisition; how paid.-Any sheriff or other person commissioned as agent of this state to receive from another state any prisoner for removal to this state to answer a charge of felony, is entitled to receive actual. expenses and two dollars per day while going to and returning from the place where the prisoner is arrested or confined, to be paid, on the approval of the governor and auditor, as in other cases of removal of prisoners by sheriffs. 4570 (4878) (5044) (4340) (789). Same; how taxed and paid. The fees specified in this article, except where some other provision is made by law, are to be collected and paid in the following manner: The fees which accrue against defaulting jurors, witnesses, and bail are to be paid by them respectively, unless excused by the court. The fees for services rendered in each criminal case must be taxed against the defendant on conviction, or may be taxed against the prosecutor, or the foreman of the grand jury, under the provisions of section 5041 (4355); and if an execution against either of them is returned "no property found," or if the costs are not taxed against either of them, such costs must be paid by the state, except when they are payable by the county. Unless otherwise provided, accounts due to sheriffs, which are payable by the state, must be proved in open court before the presid ing judge of the circuit or city court, and certified by him to be correct, or be certified by the clerk of the circuit or city court, and sworn to before the judge of probate; and, being so certified and proved, must be presented to the auditor, accompanied by the affidavit of the sheriff, to the effect that the same is correct, and that no part thereof has been paid; and, if found correct, the auditor must draw his warrant on the state treasurer for the amount thereof, Feb. 18, which must be paid out of any money in the treasury not specially p. 1897. appropriated No sheriff must be paid out of the state treasury any fee or allowance whatever, on account of any prisoner who has escaped from his custody; but the commissioners' court may, in their discretion, pay such fees and allowances as are payable by the county, notwithstanding the escape of the prisoner, if satisfied that such escape was not caused by the connivance or negligence of the officer having charge of him. 4571 (4874) (5063). Fees of bailiffs.-Bailiffs shall receive one dollar and fifty cents per day while in attendance on the circuit, city, criminal, or probate court, to be paid in the same way that regular jurors are paid. 1891, ARTICLE 6. FEES OF CORONERS. 4572 (4875) (5045) (4341) (790). Coroners' fees.-The coroner is entitled to the following fees: For going to and returning from the place where he holds an inquest, five cents for each mile traveled. For holding an inquest For summoning jury on inquest For each subpœna . For each warrant of arrest For each bond or undertaking returned to court For money paid into the county treasury, when found on the For all other services performed by him, in cases authorized by law, the same fees that are allowed to sheriffs for similar services. 88388 .$ 2.50 1 00 25 50 50 5 00 4573 (4876) (5046) (4342) (791). Fees for inquest, how taxed and paid; post-mortem examinations and fees therefor; other fees. Fees for holding inquest shall be paid out of the county treasury, when, in the opinion of the court of county commissioners or board of revenue, the inquest should have been held; and such fees must be also certified by the coroner, to the clerks of the circuit and city. courts of the county, and must be taxed as costs against any person who is convicted of murder or manslaughter by killing the person on whose body the inquest was held, and be collected like other costs in criminal cases; and, when collected in cases in which the county has paid the same, shall be paid to the county treasurer for the use of the county; and in other cases to the coroner. But no fees shall be paid for an inquest when it is publicly known before the jury is summoned, who caused the death of the deceased, or when the slayer has been arrested for the homicide; but in such case, if the immediate cause of the death is uncertain, a physician or surgeon may be summoned to make a post-mortem examination, who shall give his opinion in writing as to the cause of the death, which must be returned by the coroner as inquests are returned by him, and such coroner, physician, or surgeon, shall be entitled to the same fee and mileage, to be paid in the same manner, as for attending an inquest; such fees as accrue to coroners for services rendered by him in discharging duties of sheriff, must be taxed, collected and paid in the same manner that sheriff's fees for like services are taxed, collected and paid. Claim must be audited and allowed by commissioner.-Hawkins's case, 103 Ala. 398. ARTICLE 7. FEES OF JUSTICES OF THE PEACE. 4574 (4877) (5037) (4333) (782). Justices' fees.-Justices of the peace are entitled to the following fees in criminal cases-that is to say: For taking bond and certifying proceedings on appeal 1.00 50 For issuing warrant for person knowingly concealing or harboring any person belonging to any ship or vessel, to be paid by the master. 50 .$ 1 00 And for hearing the testimony and making necessary orders in such case, to be paid by the master 4575 (4878) (5038) (4334) (783). Same; how taxed and collected. In prosecutions before a justice of the peace, where the case is not taken to the circuit or city court by appeal, or otherwise, the fees above specified, for such services as may be rendered in the case, must, unless otherwise provided, be taxed by him as costs, and collected by execution, as in cases tried in the county court; and, in all other cases, must be certified by him to the court to which the proceedings are removed, or to which the process is returnable, and there taxed and collected like other costs. McPherson v. Boykin, 76 Ala. 602. ARTICLE 8. FEES OF CONSTABLES. 4576 (4879) (5039) (4335) (784). Constables' fees.-Constables are entitled to the following fees in criminal cases-that is to say: For executing a search-warrant by day .$ 1 00 For executing a search-warrant by night 2.00 For executing any other warrant . 50 For serving each subpoena or notice issued by a justice of the peace 25 For serving each subpoena or notice issued by the county court 50 For carrying a person before a magistrate under a warrant of arrest, or to jail when committed thereto, for himself and each necessary guard, to be proved by his own oath, for each mile. For performing any other service under process from the county court, the fees taxed for those services under section 4578 (4881). For carrying a prisoner to the jail of another county, when there is no sufficient jail in the proper county, the same fees that are allowed to the sheriff for similar services, to be paid in the same manner. For serving warrant against person charged with knowingly concealing or harboring person belonging to any ship or vessel, to be paid by the master . For taking and approving each bond or undertaking 10 3.00 50 4577 (4880) (5040) (4336) (785). Same; how taxed and collected.—In all criminal prosecutions, the fees specified in the preceding section, for the services rendered in the case, must be taxed as costs by the court or justice, and collected like other costs. |