54 Ala. 186 | Ala. | 1875
Fines imposed as a punishment for misdemeanors are payable to the county in which the indictment is found, or the prosecution commenced, and for their recovery, judgment is entered in favor of the State for the use of the particular county. The forfeitures of undertakings of bail, and the penalties incurred by witnesses for disobedience of the process of the court, or fines for contempt, are also payable to the county. The funds derived from this source, to distinguish them from the general funds, and because they could not be appropriated as the general funds of the county were, have been known as the “fine and forfeiture fund.” The fees of witnesses- in State cases were primary charges on this fund.—R. C. §§ 4220, 4221, 4222. Whenever a surplus of the fund remains after satisfying, or above the sum necessary to satisfy the registered claims of State witnesses, the fees of officers of the court in criminal cases in which the defendants have been convicted, and were insolvent, or in which a nolle prosequi has been entered, are charges on and payable out of the fund. —R. C. § 4438.
The general assembly passed an act, approved March 1, 1870, entitled “ An act to consolidate the funds of fines and
The repeal of the act of March 1st, 1870, by the act of February 1st, 1872, did not operate retrospectively so as to change the character of appellee’s claim. By its allowance by the commissioners court, in May, 1871, it became an Allowed county claim, payable from the general or consolida'ted fund of the county, and it may well be doubted whether subsequent legislation could dives t it of this character. 'The mere subsequent repeal of the statute authorizing its allowance and payment, certainly does not have any such effect.
We find no. error in the record prejudicial to the appellant, and the judgment must be affirmed.