§ 40-25-101. Application of General Provisions as to Fees
Title 8, Chapters 21 24 and 26 applies to this chapter, unless otherwise specifically provided. Code 1858, § 5560; Shan., § 7582; Code 1932, § 12210; T.C.A. (orig. ed.), § 40-3301.
§ 40-25-102. Express Authorization Required
Officers are entitled to no other fees in criminal cases, except those expressly provided for by law, and in no case are they entitled to payment from the state or county, unless expressly allowed. Code 1858, § 5561; Shan., § 7583; Code 1932, § 12211; T.C.A. (orig. ed.), § 40-3302.
§ 40-25-103. Fees to Officers Acting in Lieu of Named Officers
If any of the duties in this chapter and title 8, Chapters 21 24 and 26 are performed by other officers than those therein named, whose duty it is to perform the same, those officers are entitled to the same fees, and in the same manner, as there named. This section does not apply to […]
§ 40-25-104. Costs Adjudged
The costs that may be adjudged in criminal cases include all costs incident to the arrest and safekeeping of the defendant, before and after conviction, due and incident to the prosecution and conviction, and incident to the carrying of the judgment or sentence of the court into effect. Code 1858, § 5577 (deriv. Acts 1805, […]
§ 40-25-105. Prosecutor Not Entitled to Fees
No prosecutor in a misdemeanor is entitled to any compensation for services as prosecutor, or for attendance as a witness on behalf of the state. Code 1858, § 5573 (deriv. Acts 1829, ch. 100, § 3); Shan., § 7600; Code 1932, § 12227; T.C.A. (orig. ed.), § 40-3305.
§ 40-25-106. Witnesses Living Near Court
Neither the state nor any county of the state shall pay or be liable in any criminal case or prosecution for the fees, costs or mileage that may accrue in favor of any witness who, at the time of attendance as a witness before any court, grand jury or magistrate, resides within five (5) miles […]
§ 40-25-107. State and County Expense Fees for Misdemeanors
Every person indicted or presented in any court or tried on state warrants charging driving while intoxicated, or carrying a deadly weapon with the intent to be armed, tried in a court of general sessions, for a misdemeanor, except when acquitted, before the person is discharged, shall be required by the judgment of the court […]
§ 40-25-108. Loss of Fees by Clerk’s Neglect
No clerk is entitled to any fees in any state case, when the fees have become chargeable to the state or county, in consequence of any omission of the clerk’s duty or clerical defect in the record. Code 1858, § 5565 (deriv. Acts 1845-1846, ch. 95, § 1); Shan., § 7589; Code 1932, § 12217; […]
§ 40-25-109. Fees on Unserved Process
No fee is allowed the sheriff or other executive officer, upon the return of any kind of criminal process or subpoena “not found,” unless the officer makes oath before the clerk that the officer has been to the residence of the person mentioned in the process, or at the place where the person last resided […]
§ 40-25-110. Fees Lost by Escape of Prisoner — Exception
No sheriff, jailer or other officer charged with the custody of the prisoner is entitled to any allowance for keeping or removing the prisoner, if the prisoner escapes from the custody of the sheriff or jailer, or from the officer during removal. Where prisoners make their escape from jail by means of force, stratagem or […]
§ 40-25-111. Payment for Transporting Prisoners — Limitation on Charges
The sheriff or other officer, conveying an inmate to the penitentiary, shall make out an account in writing, stating the number of miles on the usual route from the place of conviction to the penitentiary, the number of guards necessarily employed to ensure the safe conveyance of the inmate, and the distance each of the […]
§ 40-25-112. Limitation on Sheriff’s Fees
The sheriff and guard shall be entitled to no other compensation than that which is allowed by this code. Code 1858, § 5592; Shan., § 7633; Code 1932, § 12262; T.C.A. (orig. ed.), § 40-3313.
§ 40-25-113. Certification of Items in Bill of Costs
It is the duty of the clerk of the court in which a criminal action has been tried, or costs accrued, to examine bills of costs. The court may also hear testimony in regard to the items, if necessary, and, if the charges are legal and duly proved, to certify the fact thereon. In making […]
§ 40-25-114. Discretion of Court
The court has also discretion in controlling the taxation of costs, and in no case shall the state or county be charged therewith, unless the court so order, specifying in the order the officers and witnesses whose costs are to be taxed, together with the amount due each. Code 1858, § 5572 (deriv. Acts 1827, […]
§ 40-25-115. Certification of Jury Expenses in Misdemeanor Cases
The expenses of keeping a jury in any misdemeanor case in which the county may eventually become liable, may, in the discretion of the court, be certified, upon the adjournment of the court, to the judge of the general sessions court, who shall issue a warrant for the jury expenses to any person authorized to […]
§ 40-25-116. Certificate Required for Payment
The judge of the general sessions court shall not issue warrants for any accounts for boarding juries until the bill shows on its face that all of the requirements of § 40-25-115 have been satisfied.
§ 40-25-117. Refund of Expenses Collected From Defendant
If the costs are afterwards collected from the defendant or the defendant’s sureties, they shall be turned over to the trustee of the county, by the clerk of the court, as fines are remitted.
§ 40-25-118. Certification of Fees for Boarding Juries and Prisoners Under Indictment
In all felony cases, after indictment is found, in which the state may eventually become liable, the clerk of the court shall certify at the adjournment of each term of the court, all fees of the sheriff for board of the prisoners; and also the fees for boarding the juries in cases in which there […]
§ 40-25-119. Contents of Bill of Fees
All of the fees may be made out in one (1) bill, but each case shall show the date of indictment, the date of commitment, the date or dates of boarding the jury, the rate charged for boarding the jury, up to what date judgment has been given for the costs, and of all previous […]
§ 40-25-120. Taxation of Final Costs to State
If, on the final disposition of the case, the state is held liable for the costs, the clerk shall tax only the difference between the amount previously collected and the amount due to date of final disposition.