county, a fit and convenient house or houses of correction, with convenient accommodations, to be used and employed for the keeping, correcting, and setting to work of rogues, vagabonds, common beggars, idlers and disorderly persons, and all other offenders who may be committed thereto, in due course of law.'

No convict shall be sentenced to the State prison for a less term than one year; all imprisonments for a less term shall be in the county jail or house of correction."

The sheriff of each county has the custody and charge of the jail or jails therein, and must keep the same personally or by deputy."

The jails are to be used—

First, for the detention of persons charged with offences, and duly committed for trial;

Secondly, for the detention of persons who may be duly committed to secure their attendance as witnesses, on the trial of any criminal

cause;

Thirdly, for the confinement of persons committed pursuant to a sentence, upon conviction for an offence, and of all other persons duly committed for any cause authorized by law;

Fourthly, for the detention of prisoners committed under the authority of the United States.

Where the prisoner is arrested in a different county from that in which the offence was committed, and is taken before a magistrate in the county where the arrest was made, for the purpose of being let to bail, and bail is refused, or no sufficient bail be offered, the magistrate has no authority to order a commitment; but the person having him in charge must take him before some magistrate of the county in which the warrant was issued.*

III. THE REQUISITES OF A MITTIMUS.

It has been said that a commitment need not be drawn with the same precision as an indictment; yet it has also been said by eminent authority, that it is very important that it should be framed with accuracy, or the party may, though prosecuted for a felony, be discharged out of custody, or if he escapes, the officer may not be punishable.

1R. S. ch. 178, sec. 1. 2R. S. ch. 167, sec. 11.

3R. S. ch. 104, sec. 23.
4R. S. ch. 171, sec. 6.

The requisites of a commitment may be stated as follows:

1. Every final commitment must be in writing, under the hand and seal, and show the authority of the magistrate, and the time and place of making it. A magistrate, however, may by parol order a party to be detained a reasonable time, till he can draw out a formal commitment. Every mittimus should recite the cause of complaint on which it is founded.1

2. It should be made in the name of the State, being signed by the justice as a magistrate, holding a commission under the authority thereof.

3. The direction is double; first to the sheriff, or his deputies, or to any constable of such towns as may be, commanding them to take the body of the party, and forthwith to carry and deliver the same to the keeper of the prison; and to the latter, commanding him to receive the same, and safely to keep him till duly discharged.

4. It should describe the prisoner by his name and surname, if known; and if not known, then it may suffice to describe the person by his age, stature, complexion, color or hair, and the like, and to add that he refuses to tell his name.

5. It is necessary to set forth the particular species of crime alleged against the party, with convenient certainty. The reasons given for this are, to be able to hold the sheriff liable for an escape, that jailers may have the means of making proper returns, and because the court, before whom the prisoner is removed by habeas corpus, ought to discharge or bail him.

6. The mittimus should point out the place of imprisonment, and not merely direct that the party should be taken to prison.

7. With respect to the time and mode of imprisonment, it may be observed that the commitment should have an apt conclusion, such as, to detain the party "until he shall be discharged by due course of law." These words alone are proper where the party is committed for an offence not bailable; but where he is committed for want of sureties, it is usual to direct the jailer to keep the prisoner "in his said custody for want of sureties, or until he shall be discharged by due course of law." But where the commitment is in the nature of punishment, the time of imprisonment must be stated.

14 Mass. 495.

CHAPTER VIII.

OF THE FEES OF THE JUSTICE AND TAXATION OF COSTS.

I. OF THE FEES OF THE JUSTICE.

THESE are regulated by statute, and are as follows :

Receiving a complaint, and issuing a warrant in criminal cases, fifty cents.'

Entering a complaint in a criminal prosecution, swearing witnesses, rendering judgment and recording the same, examining, allowing and taxing the costs and filing the papers, seventy-five cents.2

For every subpoena for one or more witnesses, ten cents."

For a mittimus for the commitment of any person on a criminal accusation, twenty-five cents.*

5

For travel, in the performance of any official duty, at the rate of fifty cents for every ten miles, in going and returning. One travel only being allowed for returning papers to court at the same term."

And in all cases, where the attendance of two or more justices is required, each of them shall be entitled to the fees prescribed for all services rendered by him personally.'

8

For administering an oath, in all cases, except on a trial or examination before himself, and a certificate thereof, whether administered to one or to more persons, at the same time, twenty cents. For a copy of a record, or other paper, at the rate of twelve cents a page.'

Recognizing persons charged with crimes, for their appearance at the supreme or district court, and for certifying or returning the same, with or without sureties, twenty-five cents, to be paid by the person so recognizing,10

For the trial of an issue, eighty cents.'

For a recognizance to prosecute an appeal, including principal and surety, twenty cents.2

Except when otherwise expressly provided, the fees of the judge of any municipal or police court, whether in civil or criminal proceedings, must be taxed in the same manner, and at the same rate, as the fees of justices of the peace.3

For further particulars relative to the subject of justices' fees, the reader is referred to page 83, of this volume.

II. OF THE TAXATION OF COSTS.

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

4

When a party, accused before a justice, has been ordered to recognize to answer before any court, having jurisdiction of the offence, and the grand jury on examination of the evidence before them, shall not find an indictment against such party, the justice will not be entitled to any fees for his services in the case."

In no case can a justice tax other or greater fees than are expressly allowed by law.*

Justices, before whom any criminal prosecution may be pending, cannot 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."

When a justice shall issue any summons for a witness, at the request of any persen 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. No costs shall be allowed by a justice 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 authority of law, it is made his duty to complain, may be allowed his fees as an officer.1

When any person shall have been summoned as a witness in more than one criminal prosecution before a justice of the peace, on the same day, he shall be allowed pay for travel and attendance, only in such one prosecution as the justice may direct; and in no case shall he be allowed more than one travel at the same time."

If any person, convicted of any offence before any justice of the peace, be ordered to pay the costs of 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."

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 the statute provides.*

Whenever a party accused shall be acquitted by any justice of the peace; or, being convicted, shall not be sentenced to pay costs; or, being sentenced to pay costs, shall not pay them; the county commissioners may examine and correct all such bills of costs, and order the same paid out of the county treasury; except that, whenever any justice, or any individual interested in the bill of costs, shall be one of the commissioners, the district court held in the same county shall have exclusive cognizance of the matter.*

In all criminal prosecutions, which are carried up by appeal from the decision of a justice, 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."

If the justice, upon examination of one complained against for the purpose of having sureties of the peace, shall not be satisfied that there is just cause to fear the commission of any such offence, he shall immediately discharge the party complained of; and if the magistrate shall

IR. S. ch. 152, sec. 7.

2Ib. sec. 8.

3Ib. sec. 10.

*Ib. sec. 11.

R. S. ch. 152, sec. 1.

Ib. sec. 13.

7Ib. sec. 14.