1. 1. Every person who shall institute any prosecution to recover a fine, penalty or forfeiture shall be adjudged to pay all costs if the defendant is acquitted although he may not be entitled to any part of the same.
2. 2. When such prosecutions are commenced by a public officer whose duty it is to institute the same, and the defendant is acquitted, the county shall pay the costs; if he is convicted, and unable to pay the costs, the county shall pay all the costs, except such as were incurred on the part of the defendant.

(RSMo 1939 §§ 4224, 4225)

Prior revisions: 1929 §§ 3829, 3830; 1919 §§ 4172, 4173; 1909 §§ 5380, 5381

CROSS REFERENCES:

Cemeteries — prosecution for trespass on, who liable for costs, RSMo 214.120

Conservation commission agent not liable for costs in prosecution, RSMo 252.100

Prosecuting witness, who deemed, liability, RSMo 545.280

Trespass — indictment for — failure of action, costs assessed against prosecutor, RSMo 545.050