87 Ala. 348 | Ala. | 1888
The real question involved in this proceeding is, whether the legislature has subjected the State to the liability of paying the assessed value of stolen property, on a conviction of the thief and his sentence to the penitentiary. Prior to the enactment of the present statute (Code
Prior to the passage of the act of February 17, 1885, “To further define and regulate the convict system.”-Acts, 1884-5, pp. 187-196 — the State paid no costs, although the defendant was sentenced to the penitentiary. The statute, in section 34, provides for the payment of .the costs generally, out of the convict fund, on the warrant of the Auditor.
The Code, section 4609, specifies the items of cost which are to be paid by the State, and makes it the duty of the contractor to pay them. The act of February 28, 1887, p. 86, requires a certified copy of the bill of costs to be sent to the president of the Board of Inspectors of convicts, it must be inferred, for his approval. The general term “costs,” as employed in section 4609, applies to the special words, “the particular items,” mentioned in the preceding part of the section. — -3 Brick. Dig. p. 749, § 21. And the act of February 28, 1887, must be read and construed in connection with section 46Ó9 of the Code. The word “costs” has the same meaning in the statute — the items enumerated.
The costs specified are to be paid by the contractor, for the State. He advances that amount on the hire of the convicts, and it is credited with the amount so paid on his next settlement with the convict bureau. — Acts 1886-7, p. 86. This is the State paying the costs. The law must be strictly construed in favor of the State.—Pollard v. Brewer, 59 Ala. 130; Code, 1886, § 4892.
The purpose of the statute was to compensate Avitnesses
With slight verbal alterations, we have adopted tbe argument of tbe Attorney-General as oar opinion.
Writ denied.