17 Kan. 618 | Kan. | 1877
The opinion of the court was delivered by
The single question in this case is, as to the constitutionality of section 18, page 881, of the General Stat
Again, it is said that this is in conflict with section 16 of our bill of rights. “No person shall be imprisoned for debt except in cases of fraud.” But these costs are cast upon him as a penalty — they do not constitute strictly and simply a debt, in the technical sense of the word, any more than the fine imposed upon a party convicted of assault and battery, is a debt. The legislature has in eifect declared that an unwarranted appeal, in this class of eases, to the criminal law, is itself a violation of law, and subjects the offender to punishment; and the penalty imposed is the costs of the unwarranted proceedings. Shields v. Comm’rs of Shawnee County, 5 Kas. 590; State v. Donnell, 11 Iowa, 452; State v. Darr, 63 N. C. 516.
The order of the district judge will be reversed, and the case remanded for further proceedings in accordance with the views herein expressed.