§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.