What is meant by costs in §§ 40-25-131 and 40-25-132 is all costs accruing under existing laws on behalf of the state or county, as the case may be, for the faithful prosecution and safekeeping of the defendant, including the cost of boarding juries and that of the jailer; but nothing in this or those sections shall be so construed as to require the state to pay any cost for guarding the jail to prevent mob violence, or to prevent rescue or the prisoner's escape, or for transporting to any other county for safekeeping on any account whatever, but the same shall be paid by the county in which the crime was committed or claimed to have been committed.
Acts 1891 (Ex. Sess.), ch. 22, § 3; Shan., § 7622; Code 1932, §12250; T.C.A. (orig. ed.), § 40-3335.
Notes of Decisions
Cited in
3
cases, 2000–2018 · leading case:
Thomas v. Haslam, 303 F. Supp. 3d 585 (M.D. Tenn. 2018).
Thomas v. Haslam, 303 F. Supp. 3d 585 (M.D. Tenn. 2018).
· cites it 2× “"Costs" are defined to include "all costs accruing under existing laws on behalf of the state or county, as the case may be, for the faithful prosecution and safekeeping of the defendant, including the cost of boarding juries and that of the jailer," Tenn. Code Ann. § 40-25-133…”
Thomas v. Haslam, 329 F. Supp. 3d 475 (M.D. Tenn. 2018).
· cites it 2× “"Costs" are defined to include "all costs accruing under existing laws on behalf of the state or county, as the case may be, for the faithful prosecution and safekeeping of the defendant, including the cost of boarding juries and that of the jailer," Tenn. Code Ann. § 40-25-133…”
Brown v. Knox Cnty., 39 S.W.3d 585 (Tenn. Ct. App. 2000).
· cites it 2× “In her reply brief, the plaintiff argues that since jail fees are an element of the costs of a prosecution, see T.C.A. § 40-25-133, and since the first monies paid by a defendant to a clerk must be applied to costs, see T.”
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