the town standard, and sealing each beam, weight and measure, found CHAP. 151. to be conformable to the standard, two cents, and, if not conforma- measures. ble, four cents; to be paid by the person for whom they are sealed. 1835, 306.

Of fire arms.

Each prover shall be entitled to receive for each barrel proved, Fire arms. 1821, 162, § 2. twenty five cents, in addition to the expense of the powder necessarily used in the trial, whether the barrel shall stand the proof and be marked, or not.

Inspectors may require returns uties, under

from their dep

oath.
1828, 398.

What consti

SECT. 22. The inspectors of the several kinds of merchandise, commissioned by the governor, may, whenever they see cause, require their respective deputies to render to them, under oath, a true account of the official services by them performed. SECT. 23. The word, "page," when used as the measure of the contents of any record or written paper, shall mean two hun- tutes a page. dred and twenty four words, if the writing contains that number; ing and annexand, in all cases where no other rule is provided, the allowance to ing certificates in general capublic officers for any copies, which they are by law required to ses. furnish, shall be at the rate of twelve cents, a page, including the 1821, 105, § 1. alteration of the same; for affixing an official seal to the same, when necessary, twenty five cents more.

Fees for copy

original papers

SECT. 24. In all cases carried from before a justice of the peace, On appeals to or municipal, police, district or probate court to a higher tribunal, higher courts, all depositions and other original papers, excepting the writ, com- to be carried up. plaint, summons, citation or other process, by which the action is 1821, 105, § 1. commenced, and the return of notice by the officer or other person serving the same, and the pleadings, shall be certified by the justice, recorder, clerk or register, and carried up without leaving copies; unless for special reasons otherwise ordered by the court, having the original jurisdiction.

ed for.

SECT. 25. In all cases, not expressly provided for, the fees of of fees, not exall public officers, for any official service, shall be at the same rate, pressly providas are prescribed in this chapter for like services. SECT. 26. Every officer, whose fees are regulated by law, shall constantly keep a printed or legibly written list and description of such fees, exposed to public view in his stated place of business, if he have one.

PENAL PROVISIONS.

Fee tables, to be exposed to view, in offices. 1821, 105, § 3.

ing, may be re

ty.

SECT. 27. Every officer or other person, upon receiving any Account of such fees, as are stated in this chapter, shall, if required by the items in writperson paying the same, make out a particular account of such fees quired by party in writing, specifying for what they accrued, upon pain of forfeiting paying. Penalto the party paying such fees, treble the sum paid; to be recovered 1821, 105, § 4. in an action of debt. 1322, 208, § 4. SECT. 28. If any attorney at law, or other person, shall demand Penalty, for and take for any writ of attachment, with a summons, or for overcharging any costs on justice original summons, made returnable before any justice of the peace, writs, by attor or judge or recorder of any municipal or police court, together with ney or others. the declaration therein contained, more than fifty seven cents of any defendant in such suit, or if, in the taxation of costs in any such suit, such justice, judge or recorder shall tax, or allow to be taxed,

1839, 374, § 1.

CHAP. 151. more than that sum for the same, the person so offending, shall forfeit and pay to the defendant, paying the same, or against whom the same shall be taxed, not less than five dollars, nor more than ten, to be recovered in an action of debt.

CHAPTER 152.

OF THE TAXATION OF COSTS; AND THE COLLECTION AND DISPOSAL
OF FINES AND COSTS, IN CRIMINAL PROSECUTIONS.

SECT. 1. Costs to be taxed, for the justice, SECT. 17. Certificates of fines and costs, re

SECT. 36. County attorneys to report to the ARTICLE III. GENERAL PROVISIONS RE- CHAP. 152. secretary of state.

LATING TO JUDGES OF MUNICIPAL AND
POLICE COURTS.

SECT. 37. Judges of municipal and police

courts.

ARTICLE 1. OF COSTS TAXED FOR JUSTICES OF THE PEACE,

CIVIL OFFICERS AND WITNESSES.

war

SECTION 1. Where several warrants are issued by any justice of the peace, against one or more defendants, when only one rant is necessary, no more costs shall be allowed therefor to the justice, than for one complaint and warrant.

Costs to be taxtice only on one complaint

ed by the jus

and warrant, unless more are

necessary.

SECT. 2. When a party, accused before a justice of the peace, 1823, 235, § 4. has been ordered to recognize to answer before any court, having When party is jurisdiction of the offence, and the grand jury on examination of ordered to rethe evidence before them, shall not find an indictment against such to receive no cognize, justice party, the justice shall not be entitled to any fees for his services fees, unless the grand jury find in the case; and, in no case, shall he tax other or greater fees than a bill. are expressly allowed by law. 1823, 235, § 3. Officers, to be oath, as to special charges 1823, 235, § 2.

SECT. 3. The justices of the supreme judicial court, and of the several district courts, and justices of the peace, before whom any criminal prosecution may be pending, shall not allow any charge for aid, or other expenses of the officer, in serving the warrant in such case, other than the stated fees for the officer's service and travel; unless, after examination of the officer under oath, and on such other testimony as they shall think proper, they find reasonable cause to justify such additional charges.

examined under

made by them.

summon and

before himself.

SECT. 4. Any justice of the peace, when a complaint has been What witnesses made before him, and a warrant issued thereon, may order such the justice may witnesses, as he is satisfied can testify to material facts, and whose recognize in testimony is necessary, and no other, to be summoned to attend the criminal cases examination or trial; and the justice, who shall have cognizance of the case, may order such witnesses only, as he is satisfied are material and necessary, to recognize to appear at any higher court, to which such case may be carried by appeal, or otherwise.

1823, 235, § 1.

he may summon

SECT. 5. No justice of the peace, except as provided in the What witnesses preceding section, shall issue summonses for witnesses to appear in other criminand give evidence in any criminal suit, unless by the request of the al cases. attorney general, or some county attorney; and it shall be expressed 1821, 82, § 1. in every such summons, that the same is issued by such request. SECT. 6. When a justice shall issue any summons for a witness, at the request of any person, prosecuted in a criminal suit, it shall be so expressed in the summons; and the witness shall thereby be required to appear and give evidence, upon condition that such party pay him his legal fees.

SECT. 7. No costs shall be allowed by a justice of the peace for the benefit of any complainant, whether as an officer, witness, or in any other capacity; provided, that a police officer or constable, duly qualified, and acting under the authority of a town, or complaining in cases where, by particular provisions of law, it is made his duty to complain, may be allowed his fees as an officer. SECT. 8. When any person shall have been summoned as a witness, in more than one criminal prosecution, before a justice of

Witness' fees to be paid in admoned by party prosecuted. 1821, 82, § 1.

vance, if sum

to the com

No allowance plainant in any capacity, unless quired officially to complain. 1823, 235, § 1. 1836, 227, § 2. Only one travel and attendance

to persons re

allowed to witnesses, though

CHAP. 152. the peace, on the same day, or at the same term of any judicial summoned in court, he shall be allowed pay for travel and attendance only in

several cases.

1823, 235, § 4.

When witness'

such one prosecution, as the justice of the court may direct; and in no case shall he be allowed more than one travel, at the same time. SECT. 9. No fees, in criminal prosecutions, continued after the fees for attend- first term, shall be allowed to witnesses on the part of the state, until the third day of the term of the supreme judicial court, or of any district court, held in any county in this state, except in the 1831, 509, § 1, 2. counties of Hancock, Oxford, Franklin, Piscataquis and Aroostook; Hor until the second day in either of these excepted counties, unless, in either case, the court shall have expressly required an earlier attendance.

ance may commence in the supreme judicial court.

When the justice may receive the cost,

SECT. 10. If any person, convicted of any offence before any. justice of the peace, be ordered by such justice to pay the costs of and pay over to prosecution, as part of his sentence, and shall comply with such order, the justice may retain his own fees, and pay over the other fees to the officer, witnesses and other persons thereto entitled.

those entitled

thereto.

Disposal offees,

not called for within a year.

Certain bills of cost to be al

lowed by the

sioners.

SECT. 11. If such fees, other than the justice's, be not called for within one year, they shall be forfeited to the use of the state, and the justice shall pay over the same to the county treasurer, within such time and under such penalty, as is provided in the twenty second section of this chapter, for the non payment to such treasurer of fines by him received.

SECT. 12. Whenever a party accused shall be acquitted by any justice of the peace, or, being convicted, shall not be sentenced to county commis- pay costs, or, being sentenced to pay costs, shall not pay them to said justice, the commissioners of the same county may examine and correct all such bills of costs, including the fees of the officer, witnesses and other persons, entitled thereto, and order the same to be paid out of the county treasury; except as is provided in the following section.

1825, 303, § 1. 1836, 227, § 1.

If either of the

county commissioners be interested judge of the district court to take cognizance

thereof.

In cases carried

to a higher

SECT. 13. Whenever any justice, or any individual interested in such bill of costs, shall be one of the county commissioners for the same county, the district court held in said county shall have the same cognizance of such bill of costs, as the commissioners might otherwise have had.

SECT. 14. In all criminal prosecutions, which are carried to from a justice any court, by appeal from the decision of a justice of the peace, or where the party accused is committed or required to recognize for his appearance to any court, the costs shall be taxed and certified, with the papers, to the court.

court, costs to be certified.

Jurisdiction of supreme judi

cial court or district court, as to costs.

1821, 82, § 1.

Of expenses of

SECT. 15. In all criminal prosecutions, lawfully pending in the supreme judicial court, or in any district court, the court may allow and tax such costs for justices, officers, aids, jurors and witnesses, and for other charges, upon such prosecution, and previous to its determination, as are provided by law, whether the person accused be brought to trial or not, or whether he be convicted or acquitted upon trial; and all costs, so taxed, shall be paid out of the county treasury.

SECT. 16. The expenses of supporting prisoners, committed by supporting pris- due process of law, and unable to support themselves, in any jail, upon charges or conviction of crimes and offences committed against

oners in jail. 1821, 82, § 8.

the state, shall be refunded by the state; the jailer, in each county, CHAP. 152. shall render on oath to the county commissioners, at each stated session thereof, an account of all such expenses, stating the time when each prisoner was committed, for what offence, how long held, and, if his term has expired, when discharged, and shall exhibit the warrants of commitment and discharge; and the jailer shall credit all moneys and effects whatever received or to be received of the prisoner, or of other persons on his account; and the court, on due examination into the nature of the accounts, and the ability of the prisoner to refund any part of such expenses, shall order such sums as they think reasonable, to be paid to the jailer, not exceeding one dollar, a week, from the county treasurer.

ARTICLE II. OF THE COLLECTION AND DISPOSAL OF FINES AND

COSTS, ACCRUING TO THE STATE, COUNTY OR TOWN.

required from

1821, 82, § 2.

judicial courts.

SECT. 17. The clerk of the judicial courts shall attest and Certificates of deliver to the county treasurers, copies of all bills of costs allowed fines and costs, by said courts, and certificates of all fines and forfeitures, imposed the clerk of the and accruing to the state or to the county, either before the rising thereof, or as soon after as may be; and shall also deliver to him a separate certificate of all the bills of costs, allowed by said courts, setting down therein the sum total only of each, in order that the same may be charged and used, as a voucher, in his account with. the treasurer of the state, as provided in the twenty third section of this chapter. The said clerk shall also return, to the treasurer of the state, a certificate of all fines and forfeitures, imposed to the use of the state in said courts.

and costs, or is

sue process. 1830, 464, § 1.

SECT. 18. The clerk of said courts shall receive all fines, for- Duty of clerks feitures or bills of costs paid or tendered to him, before the issuing to collect fines of any process for the collection thereof, and pay over the same to the treasurer of the county; and, in default of such payment made to him, issue warrants of distress or such other process therefor as the court may find necessary to enforce the execution of any order, sentence, or judgment, for or in behalf of the state, and deliver the same to the sheriff, or to such coroner or constable as the attorney general or county attorney shall direct; and shall enter of record the name of the officer, and the time, when the same is delivered to such officer.

SECT. 19. All sheriffs, jailers, constables and coroners, who may, Officers to pay by virtue of their office, receive any fines, forfeitures, or bills of over to county costs, whether such fines and forfeitures accrue to the state or to and costs col

treasurer, fines

the county, except debts and costs received upon executions in 1821, 82, § 3.

favor of the state, shall forthwith pay the same to the treasurer of the county, in which the same shall have accrued.

Treasurer's du

SECT. 20. If any such officer, receiving such fine, forfeiture or Penalty for costs, shall, for the space of thirty days after the receipt thereof, their neglect. neglect to pay over the same, or, if he shall permit any person sen- ty. tenced to pay such fine, forfeiture, or bill of costs, and committed 1821, 82, § 3. to his custody, to go at large without payment, unless by order of law, and shall not within thirty days after such escape pay the amount thereof to the county treasurer, he shall forfeit and pay double the amount; and it shall be the duty of the county treas