§ 6-49. Prosecuting witness liable for costs in certain cases; court determines prosecuting witness.
Article7.
Liability of ProsecutingWitness for Costs.
§ 6‑49. Prosecutingwitness liable for costs in certain cases; court determines prosecutingwitness.
In all criminal actions in anycourt, if the defendant is acquitted, nolle prosequi entered, or judgmentagainst him is arrested, or if the defendant is discharged from arrest for wantof probable cause, the costs, including the fees of all witnesses whom thejudge before whom the trial took place shall certify to have been proper forthe defense and prosecution, shall be paid by the prosecuting witness, whethermarked on the bill or warrant or not, whenever the judge is of the opinion thatthere was not reasonable ground for the prosecution, or that it was notrequired by the public interest. If a greater number of witnesses have beensummoned than were, in the opinion of the court, necessary to support thecharge, the court may, even though it is of the opinion that there wasreasonable ground for the prosecution, order the prosecuting witness to pay theattendance fees of such witnesses, if it appear that they were summoned at theprosecuting witness's special request.
Every judge is authorized todetermine who the prosecuting witness is at any stage of a criminalproceeding, whether before or after the bill of indictment has been found, orthe defendant acquitted: Provided, that no person shall be made a prosecutingwitness after the finding of the bill, unless he shall have been notified toshow cause why he should not be made the prosecuting witness of record. (1799,c. 4, s. 19, P.R.; 1880, c. 558, P.R.; R.C., c. 35, s. 37; 1868‑9, c.277; 1874‑5, c. 151; 1879, c. 49; Code, s. 737; 1889, c. 34; Rev., s.1295; C.S., s. 1271; 1947, c. 781; 1953, c. 675, s. 1; 1971, c. 269, s. 11.)