Justices' Costs

Brown, Dep. Att’y-Gen.,

You have asked to be advised whether or not it is legal for a justice of the peace to impose costs on a defendant charged with having violated the law and who, at the hearing before the justice of the peace, is discharged on account of the charge being unfounded.

The Act of Sept. 23, 1791, 2 Sm. Laws, 37, provides: “That where any person shall be brought before a court, justice of the peace or other magistrate ... on the charge ... of having committed a crime, and such crime, upon examination, shall appear to be unfounded, no costs shall be paid by such innocent person,…