ARTICLE 9. FEES IN COUNTY COURT. 4578 (4881) (5035) (4328) (777). Fees in county court.—In prosecutions before the county court, the following fees shall be allowed for the services specified, and none other-that is to say: For taking affidavit of complainant and issuing warrant of arrest For taking and approving bail-bond For each order of continuance . 8848 .$ 1 00 50 25 50 For trial, entering judgment, and, when an appeal is taken, For serving warrant of arrest when bail is not given, and carrying defendant to court or to jail For serving each subpoena or notice. 2.00 50 The fees above specified shall be taxed against the defendant on conviction, or against the prosecutor under the provisions of section 4619 (4223), and, if not paid presently, may be collected by execution; but no fee shall be taxed for services not rendered. The fees taxed for services performed by the county court, or by the judge of said court, belong to the county, and, when collected, shall be paid into the county treasury; and the fees taxed for all other services shall be paid to the officers by whom the services are performed. 4579 (4882) (5035) (4328) (777). Same; fees of judges to be paid out of county treasury.-The judge of the county court shall receive no other compensation than the following fees, which shall be paid out of the county treasury-that is to say: If the warrant of arrest is issued by him, then for all the proceedings had before him in each case, including bond and certified copy of proceedings on appeal If the warrant of arrest is not issued by him, then for all services in each case. For each judgment against a defaulting witness, or 'on forfeited undertaking of bail .$ 4 00 3.00 2.00 ARTICLE 10. FEES OF JURORS. 4580 (4883) (5049) (4345) (794). Regular jurors' fees; proved by oath of juror; certificate of clerk.-Regular jurors, grand and petit, are entitled to two dollars for each day's service, five cents for each mile traveled in going to and returning from court, and ferriage and toll, to be proved by the oath of the juror before the clerk of the court, whose duty it is to give each juror a certificate, stating therein the number of days he has served, the number of miles he has traveled, the amount of ferriage and toll he has paid, and the amount of compensation to which he is entitled; which certificate shall be receivable in payment of county taxes, and any other county dues, and payable out of the county treasury. Jackson v. Dinkins, 46 Ala. 69. 4581 (4884) (5051) (4346) (795). Tales jurors' fees.-Tales jurors summoned for the trial of a capital case, under the provisions of section 5004, and attending in obedience to the summons, are entitled to the same compensation for their attendance as regular jurors, and to be paid in the same manner; other tales jurors are entitled to the same compensation for each day's attendance as regular jurors receive, to be paid in the same manner. 4582 (4885) (5050). Fees of coroner's jury.-Jurors summoned by a coroner to hold an inquest are entitled to the same compensation allowed grand and petit jurors, to be paid in the same manner; the mileage to be estimated by the nearest route usually traveled from each juror's place of residence to the place where the inquest is held. Claim of coroner's juror must be audited and allowed by commissioners' court.-Hawkins v. Duncan, 103 Ala. 398. ARTICLE 11. FEES OF WITNESSES. 4583 (4886) (5059) (4347) (796). Fees and compensation of witnesses.-Witnesses in criminal cases are entitled to fifty cents per day and three cents for each mile to and from their residence by the usual traveled route and all necessary ferriages and tolls. 4584 (4887) (4927, 4459) (4220, 4221) (668, 669). How taxed and paid.—The fees of witnesses, subpoenaed on the part of the state to appear before the grand jury, or before any court in which a criminal prosecution is pending, must be taxed against the defendant, if he is convicted, or against the prosecutor when the costs are imposed on him; but if the defendant is not convicted, and the costs are not imposed on the prosecutor, or if the indictment is withdrawn. and filed, or the prosecution abated by the death of the defendant, or if the costs are imposed on either the defendant or the prosecutor, and an execution against him for the same is returned "no property found," or if no indictment is found by the grand jury before whom the witnesses appear, or if a nolle prosequi is entered in the case, such fees must be paid by the county in the manner specified in section 4586 (4889). * *An act approved November 27, 1896 (Pamph. Acts, p. 16), entitled "An act to provide for the registration and payment of fees of the state's witnesses before the grand juries, in cases where the defendant is not arrested within three years from the date of the indictment, and for the payment into the fine and forfeiture fund of said fees, if subsequently collected," is as follows: "SECTION 1. Be it enacted by the general assembly of Alabama,That in all cases Certificate issued by clerk of court (and not that by foreman of grand jury) is the only authentication of claim.-Alston v. Yerby, 108 Ala. 480. Grandjury ticket as a claim.-Scruggs's case, 111 Ala. 60. 4585 (4888) (4928) (4223) (671). Only two witnesses allowed to same fact; exceptions.-In taxing the cost, against either the defendant or prosecutor, under the preceding section, not more than two witnesses, who were summoned or examined to prove the same fact, shall be allowed; unless such witnesses were summoned or examined to assail or defend the reputation of a witness for veracity, or the character of the defendant, when put in issue; or unless the court, on a motion to retax as in civil cases, should determine that the facts of the case justified the summoning or examining of a greater number of witnesses. 4586 (4889) (4460) (4222) (670). Witness's certificate; how payable; clerk not entitled to fee for issuing.-It is the duty of the clerk of the court to issue a certificate to each witness appearing on the part of the state, stating therein the amount of compensation to which he is entitled, and the facts which, under the provisions of section 4584 (4887), make it a good claim against the county, which certificate is receivable in payment of any debt due to the county. for fines and forfeitures, and payable by the treasurer out of any fines and forfeitures in the county treasury; the clerk who issues. the certificate hereinabove mentioned shall not be entitled to demand or charge any fee for performing said duty. Certificate is primary charge on fine and forfeiture fund; need not be presented to commissioners' court for allowance.-Briggs v. Coleman, 51 Ala. 561. Failure of county treasurer to pay is breach of his bond for which action lies. Ib. Clerk must authenticate by his certificate claims of witnesses before grand jury, although foreman is required also to give certificate of attendance. Herr v. Seymour, 76 Ala. 270. Sufficiency of certificate.-Ib. Statute construed.-Ib. Witness's certificates held to be transferable by delivery, etc. Findley v. Wyser, 1 Stew. 23. Clerk's certificate to witness only authentication against fine and forfeiture fund.-Alston v. Yerby, 108 Ala. 480. "Grandjury tickets" discussed and defined.-Ib.; Scruggs's case, 111 Ala. 60. Sheriff's fees for serving witness for defendant not claim against fine and forfeiture fund.-Cohen v. Coleman. 71 Ala. 496. 4587 (4890). Fees of state witnesses when subpoenaed in more cases than one.-A witness for the state, attending in more criminal cases than one at the same time, shall only be entitled to fees in one case, to be selected by him while so attending; but if after the case in which he elects to claim his fees is disposed of, his attendance is. required in the other case or cases, he shall, for such attendance, be where there have been indictments found by the grand juries, and the defendant against whom said indictment has been returned is not arrested within three years from the date of said indictment, the fees due state's witnesses for their attendance and mileage before said grand juries shall become charges against the fine and forfeiture fund of the county in which said indictment was found; Provided, that the provisions of this act shall apply only to claims hereafter accruing. "SEC. 2. Be it further enacted, That it shall be the duty of the clerk of the court, when he certifies fees as claims as charges against the fine and forfeiture fund to note said fact on the grand-jury docket, and said fees, should they subsequently be collected, shall be paid into the fine and forfeiture fund. "SEC. 3. Be it further enacted, That it shall be the duty of the clerk of the court to certify the facts necessary to make said claims charges against the fine and forfeiture fund under the provisions of this act, on the original certificates issued by the foreman of the grand jury, and said certificates so certified shall be registered by the treasurer as a claim against said fund." entitled to claim his per diem in such other case, or if more than one, in the one in which he may then elect to claim his fees; and so on until all the cases in which he is required to attend are disposed of by trial, continuance, or otherwise. 4588 (4891) (5062) (3217) (2778). Witnesses' fees before justices of the peace. In all criminal cases before justices of the peace, unless otherwise provided, witnesses are entitled to fifty cents per day, while in attendance on the trial, to be taxed in the bill of costs. CHAPTER 142. COURTS. ARTICLE 1.-CRIMINAL COURTS IN GENERAL. 4589, 4590. 2.-CIRCUIT AND CITY COURTS. 4591, 4592. 3.-COUNTY COURTS, AND PROCEEDINGS THEREIN. 4593-4629. 4. JUSTICES OF THE PEACE, AND PROCEEDINGS BEFORE THEM. 4630-4641. ARTICLE 1. CRIMINAL COURTS IN GENERAL. 4589 (4193) 4626) (3928) (380). Criminal jurisdiction vested in what courts and officers.-The criminal jurisdiction of this state is vested in the circuit courts, city courts, county courts, justices of the peace, and such other courts and officers as are by law clothed with criminal jurisdiction. Inherent power of courts to adjourn after opening of term.-Williams's case, 67 Ala. 186. 4590 (4194) (571, 618, 657, 694, 746, 758) (660, 700, 746, 791, 832, 842) (568, 604, 628, 671, 704, 712). Punishments by the respective courts for contempt.-The courts of this state may punish for contempts by fine and imprisonment, one or both, as follows: The supreme court, by fine not exceeding one hundred dollars, and imprisonment not exceeding ten days; the chancery, circuit and city courts, by fine not exceeding fifty dollars, and imprisonment not exceeding five days; the courts of probate and county courts and registers in chancery, by fine of not exceeding twenty dollars, and imprisonment not exceeding twenty-four hours; the courts of county commissioners, by fine not exceeding ten dollars, and imprisonment not exceeding six hours; and justices of the peace, by fine not exceeding six dollars, and imprisonment not exceeding six hours. Courts of justice have inherent power to punish all persons for contempt of their rules and orders, for disobedience of their process, and for disturbing them in their proceedings.-Ex parte Hardy, 68 Ala. 303; Withers's case, 36 Ala. 252. Cannot be revised by appellate court, or by habeas corpus.-Ex parte Hardy, supra. When attachment for contempt a civil remedy.—Ib. Contempt by an attorney, and power of court to remove or suspend.-Withers's case, supra. Refusal to pay over money under a chancery decree; jurisdiction, discretion, etc.-Ex parte Walker, 25 Ala. 81. Power to punish for contempt is incident to all courts.-Coleman v. Roberts, 113 Ala. 323; Easton's case, 39 Ala. 551. A bystander in court remarking, "I know of two witnesses at my house who saw the affair," and refusing to give their names on demand by the court, is properly imprisoned for contempt.-Coleman v. Roberts, 113 Ala. 323. ARTICLE 2. CIRCUIT AND CITY COURTS. 4591 (4196) (4627) (3929) (381). Jurisdiction of circuit courts. The circuit courts have original jurisdiction of all felonies and misdemeanors, committed in the several counties in which they may be held, under the regulations prescribed by law; and they have appellate jurisdiction of all criminal cases tried before the county courts, or before justices of the peace, under the rules hereinafter prescribed. Incompetency of judge: Nemo judex in causa propria.-Castleberry's case, 23 Ala. 88. No objection that the presiding judge is connected by marriage with the owner of the building as to which the burglary was alleged to have been committed.-Newman's case, 49 Ala. 9. Objection to competency of presiding judge of county court no ground for reversal of judgment.-Sale's case, 68 Ala. 530. Relation of judge to person slain, though not within the letter of the statute, renders judge incompetent to preside at trial of slayer for murder. Gill's case, 61 Ala. 169. Incompetency no ground for reversing the judgment. Sale's case, 68 Ala. 530. See also citations to section 2637. 4592 (4195). Jurisdiction of city courts.-The city courts have, in the counties in which they are respectively established, unless otherwise provided, the same criminal jurisdiction, both original and appellate, that the circuit courts have in other counties. ARTICLE 3. COUNTY COURTS, AND PROCEEDINGS THEREIN. 4593 (4197) (719) (3935) (387). Probate judge ex officio judge of county court; official oath.-The judges of probate shall be, ex officio, the judges of the county courts of their respective counties; and each of the said judges shall, before he enters on the discharge of the duties of his office, take and subscribe the oaths prescribed by law for other judicial officers, and further swear that he will faithfully report to the court of county commissioners a just and true statement of the services performed by him for which he is entitled to fees; which oaths must be filed in the office of the clerk of the circuit court. 4594 (4198) (720) (3936) (388). Official bond of county court judge. The judges of the several county courts shall each enter into bond, payable to the State of Alabama, with two or more good and sufficient sureties, to be approved by the judge of the circuit. court, in the penalty of five thousand dollars, conditioned that he will faithfully perform the duties of his office, and will pay into the county treasury, punctually, all the moneys, fines and forfeitures. that come into his hands by virtue of his said office. |