State v. AbramsState v. Abrams
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William, Lair, thе complainant in this case, prayed surety of the peace against Abrams, on complaint made before a justice of the peace. The justice required the defendant to enter into recognisance to apрear at the next Circuit Court, and in the mean time to keeр the peace, &c. The Circuit Court, at the hearing, refused to continue the defendant under recognisance, аnd ordered him to be discharged, and further ordered the complainant to pay the costs that had accrued in thе Circuit Court. From that judgment, the complainant appeаled to this Court.
The only error assigned is, that a complainаnt in a case of this kind is not liable for costs, and that the Court erred in giving judgment against him for the costs hi the Circuit Court.
The right of a party to receivе costs, and his liability to pay them, are regulated entirely by stаtute. At common law, no costs were recoverable by the plaintiff or defendant. By the statute of 6 Ed. 1, costs were dirеcted to be taxed in favour of *441the plaintiff in certain сases, and, since that time, various sta-. tutes have been passed prescribing and defining the cases which they shall be awarded. There are still cases where costs are nоt taxable in England, because the statute authorising the proсeeding does not give costs. Therefore, in awarding cоsts, the true question is, whether, as no costs wei’e recovеrable at common law, there is any statute that expressly or impliedly gives authority to award them?
In England, it is a general principle that the king neither, pays nor receives costs in any case; and when a prosecuting witness is required to pay costs, as he sometimes is, it is becаuse of some statutory provision.
The case before us is a prosecution in the name of the state, to cоmpel the defendant to keep the peace. The complainant is the witness on the part of the statе. The object of the proceeding is to require the dеfendant to give full assurance to, the public, that he will not сommit the offence Which it is apprehended he intends to сommit. The tendency of it is to prevent the commission of’ crime,- and preserve the peace of sociеty; and the cognisance of it belongs appropriately to the criminal side of the Court. We have no statute whiсh makes the state, or a prosecuting witness, liable for сosts. The statutes cited by the defendant’s counsel, (R. C. 1831, p. 402, sec. 14. Stat. 1833, p. 113, sec. 6,) do not apply to cases of this kind. By thesе statutes, relators who use the name of the state in prosecuting civil suits for their individual benefit, shall, if they fail to succeеd in their suits, be liable for the costs. In cases such as the one before us, the witness prosecutes as well for the public as for himself, and- therefore it is, we may suppose, that the legislature has not thought proper to make him liable fоr costs. Litt. Sel. Cas. 107.
We therefore think the Court erred in awarding costs against the complainant; and the judgment as to the costs must be reversed.
Per Curiam.The judgment as to tíre costs is reversed, and as to the residue affirmed. To be certified, &c.