Clallam County v. Hall

Citations

• 23 Wash. 85
• 62 P. 443
• 1900 Wash. LEXIS 344

Syllabus

<p>COSTS IN CRIMINAL PROSECUTIONS — BOND TO KEEP THE PEACE-WHEN LIEN ON REAL ESTATE.</p> <p>Where a defendant who has been required to enter into a recognizance to keep tbe peace bas been ordered to pay the costs of the prosecution, such judgment for costs constitutes a lien on her real estate, under the terms of Bal. Code, § 6687, which provides that “when no order respecting the costs is made by the magistrate, they shall be allowed and paid in the same manner as costs before justices in criminal prosecutions; but in all cases where a person is required to give security for the peace, * * * the magistrate may further order that the costs of prosecution, or any part thereof, shall be paid by such person, who shall stand committed until such costs are paid,” and under §§ 6984 and 6989, which provide that execution may issue for fines and costs adjudged in criminal actions in the same manner as in civil actions, and such judgment shall become a lien upon the real property of the person liable to pay the costs, when such lien is perfected as required by law, since the evident intent of the legislature in providing for the taxation of costs in the discretion of the magistrate was to make the general provisions governing criminal procedure in the taxation and collection of costs and fines apply to proceedings to prevent the commission of crimes.</p>