§801-4 - Fees not payable by defendant. - Hawaii Statutes

     §801-4  Fees not payable by defendant.  It shall not be lawful to take, demand, or receive any court fees for the issuing of any process for or on behalf of any person charged with, or indicted for, any felony or as accessory thereto, or with or for any misdemeanor in any court of criminal jurisdiction; nor shall it be lawful to take, demand, or receive any fees from any such person for taking any recognizance of bail, or issuing any writ of habeas corpus, or recording any appearance, or plea to any information, or for discharging any recognizance taken from any such person, or surety or sureties for them, but all costs may be ordered to be paid by the person charged and convicted as part of the judgment. [L 1876, c 40, §35; RL 1925, §4027; RL 1935, §5360; RL 1945, §10688; RL 1955, §253-8; HRS §705-8; ren L 1972, c 9, pt of §1]

 

Case Notes

 

  Costs as part of sentence.  6 H. 732, 737.

  On appeal accrued costs must be paid.  18 H. 341.

  Costs can only be taxed as part of punishment, not separately.  23 H. 766, 769.

  Where costs are ordered paid on conviction they must be taken into account in imposing maximum penalty.  38 H. 258.