160 N.W. 814 | S.D. | 1917
By the opinion of this court reported in Re Egan, 157 N. W. 310, this 'court held that the respondent “be required to pay the costs of this proceeding.” As shown by such opinion, the proceeding was one seeking the disbarment of said respondent, a duly licensed practitioner at the bar of this court. Pursuant to the above 'holding, this court thereafter taxed and rendered judgment against such respondent for costs. Included in such judgment, over respondent’s objection, was -the amount of items covering the fees and expenses of the referees, the per diem and mileage of the stenographer who* reported and transcribed the evidence, and the charges of suda stenographer for a transcript of the evidence. Upon .petition for rehearing respondent has asked a modification of the judgment to the extent of deducting the amount of the 'above items.
“Sec. '5. All costs of a reference in such proceedings, including the fees and expenses of the stenographer for talcing the evidence and making transcript thereof, shall be paid by the county to which such proceedings may be referred for trial. All other disbursements made -upon behalf of the prosecution in such, matters shall be paid by the state of South Dakota upon*226 an itemized statement thereof approved1 by the Supreme Court or a judge thereof.
“Sec. 6. In all such, pro'ceedings the Supreme Court shall be authorized, in. its discretion, tor -tax and render judgment for necessary disbursements incurred on behalf of the prosecution, against the accuser -and in favor of the state of South Dakota, whenever such court shall determine that the charges filed were unfounded; and, whenever the said court shall further determine that such accusation was made without probable cause and was influenced by improper motives, it may render judgment against the accuser and in favor of the attorney accused, -for such accused attorney’s necessary disbursements in such, proceedings; and whenever 'judgment is rendered! against the accused there may be included therein, in the discretion of the court, as a part thereof, a judgment in favor of the state for all necessary disbursements! .made on behalf of the prosecution.”
Let the judgment for costs herein be modified to a judgment for costs in the sum- of $195.10.