In all cases less than capital, when it appears from due proof made in open court that the person convicted is wholly unable to pay costs, and that the judgment has in other respects been complied with, the court before which such person was convicted may discharge him or her without the payment of costs.

History.--s. 2, ch. 76, 1846; RS 2987; GS 4061; RGS 6165; CGL 8479; s. 1589, ch. 97-102.