§ 16-18-102 — Costs taxed against complainant

If any informer or complainant
under a penal statute of this state, to whom the penalty or any part thereof, if
recovered, is given, dismisses his suit or prosecution, or fails in the same, or willfully
absents himself from trial or examination, he shall be adjudged to pay all costs
accruing on such suit or prosecution, unless he is an officer whose duty it is to make
and file the information or complaint; but in all cases of examination into any
criminal charge before a county judge, where the party accused is discharged, and
it appears to the judge before whom such examination was made that there was no
reasonable ground for the complaint, or that it was maliciously entered, and in all
cases where the complaining witness willfully absents himself from or fails to
appear at such examination or trial, the county judge shall give judgment against
the complainant for all costs of the examination or trial and shall issue execution
thereon. Appeal may be had in all such cases, as provided by law for the taking of
appeals from judgments rendered in county courts.

Legislative History

Source: G.L. � 347. G.S. � 421. L. 1893: p. 93, � 1. R.S. 08: � 1078. C.L. � 6594. CSA: C. 43, � 24. CRS 53: � 33-2-2. C.R.S. 1963: � 33-2-2. L. 64: p. 220, � 45.