In cases where a bill of indictment is preferred and not found true by the grand jury, where a defendant is acquitted by a jury, or where persons liable by law for the payment of costs are unable to pay the same, the officers severally entitled to such costs may present an account therefor to the judge of the court in which the prosecutions were pending, which, after being examined and allowed by him, he shall order to be paid in the manner prescribed by law. The account and order shall be entered on the minutes of the court.
(Laws 1833, Cobb's 1851 Digest, p. 833; Code 1863, § 4519; Code 1868, § 4538; Code 1873, § 4631; Code 1882, § 4631; Penal Code 1895, § 1086; Penal Code 1910, § 1113; Code 1933, § 27-2911.)
RESEARCH REFERENCES
Am. Jur. 2d.
- 20 Am. Jur. 2d, Costs, § 99 et seq.
C.J.S.- 36A C.J.S., Fines, § 6. 37 C.J.S., Forfeitures, § 34. 67 C.J.S., Officers and Public Employees, § 337 et seq.