Board of Supervisors of the County in which the services are rendered, and shall be paid in the same manner as other contingent charges of the county.

nesses.

(5684.) SEC. 7. Whenever any person shall attend any Court In respect to Wit of Record as a witness in behalf of the People of this State, upon request of the Public Prosecutor, or upon subpoena, or by virtue of a recognizance for that purpose, and it shall appear that such person has come from any other State or Territory of the United States, or from any foreign country, or that such person is poor, the Court may, by an order to be entered on its minutes, direct the County Treasurer of the County in which the Court may be sitting, to pay to such witness such sum of money as shall seem reasonable for his expenses; and no fees shall be allowed or paid to witnesses on the part of the People in any criminal proceeding or prosecution, except as in this section above provided. (a)

der.

(5685.) SEC. 8. The Clerk of the Court by which such order clerk to issue or shall be made, shall immediately make out and deliver a certified copy thereof to the person in whose favor the same is made, without any fee for such service.

(5686.) SEC. 9. Upon the production of such certified copy County Treasurer to the County Treasurer, or as soon thereafter as he shall have to pay. sufficient moneys in his hands, he shall pay to the person authorized to receive the same, or to his order, the sum of money so directed to be paid, which shall be allowed to the Treasurer in his accounts.

ing unlawful fees.

taxed for use

(5687.) SEC. 10. The provisions of law prohibiting the Penalty for tak taking of any fees for services in civil cases, other than such as are allowed by law, shall apply to the taking of fees in criminal cases beyond the amount allowed by law for such services. (5688.) SEC. 11. In all criminal prosecutions, where an Fees of Prosecut ing Attorney to indictment shall be found, and judgment for costs against the be of County. defendant shall be rendered, there shall be taxed for the use of the county, the following fees for the services of the Prosecuting Attorney, to wit: For drawing an indictment, two dollars; for trying the cause, four dollars; for arguing each motion in arrest of judgment, or for a new trial, two dollars; for services where exceptions are taken by the defendant, two dollars; for every discharge of the prosecution on the acknow

(a) See the Act next following, which repeals that portion of this Section in italics.

ledgment of satisfaction in such cases as are authorized by law, two dollars.

Security for costs

in criminal case

prosecutor.

An Act Relative to the Costs of Proceedings in Criminal Cases.

[Approved March 13, 1849. Laws of 1849, p. 76.]

(5689.) SECTION 1. Be it enacted by the Senate and House of to be given by Representatives of the State of Michigan, That in all prosecu tions for any crime or misdemeanor, when the prosecution is at the instance of a private person, and not of some public officer or of the grand jury, such person shall give security for costs, and if the defendant or prisoner be discharged on exami nation by such magistrate, or acquitted on trial, or a nolle pro sequi be entered on the indictment by order of the Court before. which it may be pending, the prosecutor shall pay all costs which shall have accrued to the Court, Sheriff, Constable and jury, and upon proceedings had upon such complaint, execu tion shall issue for the collection of such costs as in civil cases, as well against the surety as against the prosecutor, unless the Magistrate or Court before whom the complaint is made or trial is had, shall certify in his minutes that there was probable cause for the making of such complaint.

Fees of Witnes208 in criminal cases.

How such fee3

proved and allowed.

(5690.) SEC. 2. That whenever any person residing out of the township or city where the Court may be held shall attend any Court as a witness in behalf of the People of this State, upon request of the Public Prosecutor, or upon a subpoena or by virtue of a recognizance for that purpose, he shall be entitled to the following fees: For attending in a Court of Record, seventy-five cents for each day, and thirty-seven and one half cents for each half day; for attending in a Justice's Court, or upon an examination, fifty cents for each day and twenty-five cents for each half day, and for traveling, at the rate of six cents per mile in going to the place of attendance, to be estimated from the residence of such witness, if within this State; if without this State, from the boundary line which witness passed in going to attend the Court.

(5691.) SEC. 3. In Courts of Record such witness shall prove his attendance and travel in open Court, before the Clerk, and in Justice Courts before the Justice, on the day of trial, or upon an examination, and a certificate thereof, from the Clerk or Justice as the case may be, shall authorize the Board of Supervisors of the proper county to audit and allow the fees

aforesaid in the same manner as other contingent charges

against the county.

(5692.) SEC. 4. All acts and parts of acts contravening the contravening provisions of this act are hereby repealed.

SEC. 5. This act shall be in force from and after its passage.

Acts repealed

An Act Providing for the Payment of the Fees of Certain Officers for Services rendered in

Criminal Cases.

[Approved April 2, 1849. Took effect June 1, 1849. Laws of 1819, p. 307.]

ness fees in crim

paid by County

(5693.) SECTION 1. Be it enacted by the Senate and House of Defendants' WitRepresentatives of the State of Michigan, That if any person inal cases to be accused of and about to be tried for any crime or misdemeanor, in certain cases. shall make it appear to the satisfaction of the Judge presiding over the Court wherein such trial is to be had, by his own oath or otherwise, that there is a material witness for his defence within the jurisdiction of the Court, without whose testimony he cannot safely proceed to trial (giving the name and place of residence of such witness); and that the accused is poor and cannot obtain the means to pay for subpœnaing such witness, the Judge may, in his discretion, grant an order requiring the proper officer to cause any such witness or witnesses as he may think proper, to be subpoenaed; the expenses whereof shall be audited and allowed the same as other proper charges against the county.

8

Duty of Prosеси

ting Attorney to

claimed a 8

An Act to Protect the Rights and Liberties of the Inhabitants of this State. (a)

[Approved February 13, 1855. Took effect May 15, 1855. Laws of 1855, p. 413.]

(5694.) SECTION 1. The People of the State of Michigan enact, defend persons That it shall be the duty of the Prosecuting Attorneys within Slaves. their respective counties, whenever any inhabitant of this State is arrested or claimed as a fugitive slave, on being informed thereof, diligently and faithfully to use all lawful

(a) For provisions prohibiting the use of Common Jails and other public buildings for the confinement of persons claimed as Fugitive Slaves, see the first Section of Chapter 173, and the second of Chapter 201.

means to protect and defend every such person so arrested or claimed as a fugitive slave.

and trial by Jury

(5695.) SEC. 2. All persons so arrested and claimed as Habeas Corpus fugitive slaves, shall be entitled to all the benefits of the writ secured. of habeas corpus and of trial by jury.

taken from de

Corpus.

(5696.) SEc. 3. If such writ of habeas corpus shall be sued Appeal may be out in vacation, and if, upon the hearing of the same, the cision on Habeas person imprisoned, arrested, or claimed as a fugitive slave, shall not be discharged, such person shall be entitled to an appeal to the Circuit Court for the County in which such hearing shall have been had, on furnishing such bail, and within such time as the officer granting the writ or hearing the case shall judge reasonable and proper.

trial by Jury.

(5697.) SEC. 4. The Court to which such appeal is taken, Court to direct and any Court to which a writ of habeas corpus in behalf of1 any such person claimed or arrested as a fugitive slave is made returnable, may and shall, on application of either party to such proceedings, allow and direct a trial by jury on all questions of fact in issue between the parties in the matter aforesaid; and the taxable costs of such trial shall be charge- Costs, how charg able to the State, whenever the same would be otherwise chargeable to the person arrested or claimed as a fugitive slave.

ed.

not to be impris

Prison.

lation.

(5698.) SEC. 5. No person arrested and claimed as a fugitive Person claimed slave shall be imprisoned in any jail or other prison in this oned in Jail or State; and any person having the care or control of any jail Penalty for vioor prison, and knowingly permitting the imprisonment of such alleged fugitive slave therein, shall be subjected to the payment of a fine of not less than five hundred nor more than one thousand dollars.

person with being

how punished.

(5699.) SEC. 6. Every person who shall falsely declare, Falsely charging represent or pretend, that any free person entitled to freedom Fugitive, etc., is a slave, or owes service or labor to any person or persons, with intent to procure, or aid or assist in procuring the forcible removal of such free person from this State as a slave, shall be imprisoned not less than three nor more than five years in the State prison.

son with intent,

ished.

(5700.) SEC. 7. Every person who shall wrongfully and Seizing free permaliciously seize, or procure to be seized, any free person etc., how pun entitled to freedom, with intent to have such person held in slavery, shall pay a fine of not less than five hundred nor more than one thousand dollars, and be imprisoned five years in the State prison.