York, [here set out the offense technically] and that the said [accused] is a fugitive from justice; and the said J. B. further complains that the said [accused] is now found in this State, to wit, at, in said county of -, and is liable, by the constitution and laws of the United States, to be delivered over upon the demand of the executive of the said State of New York. Wherefore the said J. B. prays that the said [accused] may be apprehended, and held to answer to said complaint, and further dealt with relative to the same, according to law. STATE OF MAINE. J. B. [County of], ss., [date]. Then personally appeared the abovenamed J. B., and made oath that the foregoing complaint is true. Before me, J. S. H., Trial Justice. 2. Warrant. [Same as in other cases]. 3. Recognizance for future appearance. [Penal part same as in other recognizances; the condition as follows: The condition of this recognizance is such, that whereas the said [accused], on this day of- —, A. D. —, has been brought before me, the said trial justice, at, in said county of —, by virtue of a warrant, in due form, issued under the hand and seal of me, the said justice, on complaint on oath of J. B., of, &c., wherein the said J. B. complains that [here recite the substantive allegations of the complaint], and upon being arraigned on the said complaint, has pleaded not guilty thereto; but after having heard the testimony of divers witnesses in relation thereto, and heard and understood the defense, it was believed by me, the said justice, that said complaint is true, and that the said [accused could be lawfully demanded of the governor by the executive of the State of New York; whereupon it was ordered by me, the said justice, that said case should be adjourned to the day of next, at o'clock in the noon, and that the said [accused recognize, with sufficient sureties, in the sum of dollars, for his appearance at the time last above mentioned, at my office in -, in said county of - Now, therefore, if the said [accused] shall personally appear at said office, on the day of, A. D. —; at o'clock in the noon, and abide the order of me, the said justice, then this recognizance shall be void; otherwise shall remain in full force. 4. Mittimus. [Similar to those in other cases.] J. S. H., Trial Justice. CHAPTER XLIX. COLLECTION AND DISPOSAL OF FINES AND COSTS IN CRIMINAL CASES. 1. All fines, forfeitures, and costs in criminal cases shall be paid into the treasury of the county where the offense is prosecuted, for the use of such county, and all the costs and expenses attending the administration of criminal justice therein, shall be paid by said county, unless otherwise specially provided. The supreme judicial court, and the superior court for the county of Cumberland, shall allow bills of costs accruing therein, but all other costs and expenses in criminal cases shall be audited by the commissioners of the county where they accrued. The clerks of the courts shall attest duplicate copies of all bills of costs allowed therein, and certificates of all fines and forfeitures imposed and accruing to the county, before the rising of the court, or immediately after, and deliver one of said copies and certificates to the county treasurer, and retain one for the use of the county commissioners.1 2. He shall, in default of payment to him of fines, forfeitures, and bills of costs, issue warrants of distress, or such other process therefor as the court finds necessary, to enforce the execution of any order, sentence, or judgment in behalf of the State; deliver them to the sheriff, or to such coroner or constable as the county attorney directs, and enter of record the name of the officer and the time when they are delivered to him.2 DUTY OF SHERIFFS AND OTHER OFFICERS. 3. All sheriffs, jailers, constables, and coroners, who, by virtue of their office, receive any fines, forfeitures, or bills of costs, except debts and costs received upon execution in favor of the State, shall forthwith pay them to the treasurer of the county in which they accrued. 4. If any such officer neglects to pay over such fine, 1 R. S. c. 136, § 1.-2 R. S. c. 136, § 2. R. S. c. 136, § 3. forfeiture, or costs, for the space of thirty days after the receipt thereof; or if he permits any person, sentenced to pay such fine, forfeiture, bill of costs, and committed to his custody, to go at large without payment, unless by order of law, and does not, within thirty days after such escape, pay the amount thereof to the county treasurer, he shall forfeit and pay double the amount; and the county treasurer shall give notice of such neglect to the county attorney, who shall sue therefor in an action of debt, in the name of such treasurer, to the use of the county.* 5. Every sheriff or other officer, to whom any process is committed for the recovery of any such fine, forfeiture, or costs, by the clerk of the courts, shall, at the next session of the court in the same county, produce thereto a receipt in full for the same, or assign a satisfactory excuse for not doing so; and in case of neglect the court shall order a prosecution to be commenced therefor by the county attorney.5 6. The sheriff in each county, as often at least as every three months, shall deliver over to the treasurer of his county, all notes or other securities by him taken for fines and costs, on the liberation of poor convicts from prison pursuant to law. DUTY OF TRIAL JUSTICES. 7. Every trial justice or judge of a municipal or police court shall render an account of and pay over all fines and forfeitures by him received, upon convictions and sentences before him, accruing to the county, to the treasurer of the county, and when they accrue to the town, to the treasurer of the town, within six months after he receives the same; and for any neglect, he shall forfeit and pay, in each instance, double the amount, to be recovered in an action of debt in the name of the county treasurer, when they accrue to the State or county, and in the name of the town treasurer, when they accrue to the town." 8. Every such justice shall keep a correct docket of all examinations and trials had before him, of persons accused of criminal offenses, setting forth therein a true R. S. c. 136, § 4.—5 R. S. c. 136, § 5.—6 R. S. c. 136, § 6.—7 R. S. c. 136, § 7. account of all fines and forfeitures by him imposed or received upon convictions, or sentences; and once a year deliver or transmit to the county commissioners of his county, at one of their regular sessions, such docket or a copy thereof, accompanied by his affidavit that he has faithfully complied with the requirements of the preceding section; and said commissioners shall examine said dockets or copies and may summon such justice to appear before them with his original docket and records, by giving him not less than ten days' written notice, served by giving him a copy in hand, or by leaving it at his last and usual place of abode. He may be examined on oath relative to his official conduct, and if it is found that he has faithfully observed the requirements of law, he shall be allowed reasonable compensation for his travel and expenses, to be paid from the county treasury. 8 9. When he fails to appear, the commissioners may issue a capias and have him brought, with his papers, before them; and if he fails to show reasonable cause for his neglect, he shall pay the expenses of bringing him before the commissioners, and they may issue a warrant of distress for the collection of the same.9 COUNTY TREASURER. HIS DUTIES. 10. All sums allowed to any person as fees, or for expenses in any criminal prosecution, and payable from the county treasury, may be claimed by such person of the county treasurer, at any time within three years after the allowance, and not afterwards.10 11. A schedule of all notes and securities, with the amount due on each, received by the county treasurer from the sheriff pursuant to section six, shall be by him laid before the county commissioners at their next session, to be filed with the clerk, and the county commissioners, from time to time, shall examine such notes and securities; order the county attorney to take such measures for their collection as they judge expedient, or authorize the treasurer to compound and cancel them on such terms as they direct.11 R. S. c. 136, § 8.-9 R. S. c. 136, § 9.-10 R. S. c. 136, § 10.-11 R. S. c. 136, § 11. 12. Each county treasurer shall, at the close of the terms of the supreme judicial court in his county, and of the court of county commissioners, cause to be published in some paper printed in said county three weeks successively, a list containing the aggregate amount of costs allowed in each case, and specifying the court or magistrate that allowed the same, and before whom the case originated.12 13. He shall, on or before the twentieth day of November, annually, make a report to the attorney-general, showing the amount paid out of his office during the year ending the first day of November, for costs of prosecutions in the supreme judicial court, in the superior court for the county of Cumberland, on bills of costs allowed by county commissioners for support of prisoners in jail, to grand jurors and to traverse jurors at terms of court held exclusively for criminal business; also the amounts received from fines, costs, and forfeitures in said courts, from magistrates, jailers, and other officers." DUTY OF COUNTY ATTORNEYS. 13 14. The county attorneys shall examine the records and files in the offices of clerks in their counties, and the certificates and accounts in the offices of the county treasurers, relating to fines, forfeitures, and bills of costs, accruing to their several counties; ascertain, as far as practicable, the causes of any delinquencies in paying over the same; and move the court for all necessary orders and processes to enforce the collection thereof.14 15. When it appears that any sheriff or other officer is not discharged of any fine, forfeiture, or bill of costs, committed to him to collect, the county-attorney shall cause him to be summoned and brought before the court that imposed it, to show a proper discharge, or the cause for not collecting and paying it over; and he shall carry into execution all lawful orders of the court relating to the collection and payment thereof, and by all other means pertaining to his office, promote and enforce the same.15 12 R. S. c. 136, § 12.-1 R. S. c. 133, § 13.-14 R. S. c. 135, § 14.-15 R. S. c. 136, |