Show ATTORNEY OPINION in relation to paying tt if witness fees and fili mileage leage 11 II L steed county attorney ot of brigham city utah r W wa a are in receipt of your ili inquiry ot of the wet in rt nt f arence to the construction of chapter 31 ot of the session laws of 1807 1897 entitled an act to allow foor poor persons to begin prosecute act suite suits in law law and equity and in answer to your que eion as 88 to whether the defendant in a criminal case who kakta the ettli ith prescribed in section 1 of fald act is entitled to have the tile fees and mileage of hie his witco tea paid we would advise you that lie the chapter just referred to ercums to deal exclusively with the right of pool persons to prosecute cute and defend civil tc ic bione only at page 67 chapter 74 4 section 8 ot of the session law las of 1892 provision is made for or the payment by the ilia then territory of utah of the tile defendants eti in criminal case cases including inc ludin mileage and per diem them I 1 which be dr d ne upon an order of thi court upon afU davit being male by the tile deafen he is impecunious anu ant unable to py pay the per diem and milet tim of lie file witnesses witnel eee und and that te evidence of the sought to be 1 at the tile peoples expense ia to for the defendant de delene tense thia lection seem to 0 o caver cover fully he the cae case you vou suggest euf feet and it ia Is our opinion that proceed i UK inch aa as you sue bug ge best st should be le only under that EtUi ito the lw of 0 1897 refers to a different and ie la not in conflict or repugnant to the tte lawe laws of 1892 above refe brefare red 1 to there Is in the law of 1897 which would Ind leat i an intent to have that act take the place of or repeal I 1 the lie law of 1892 1 I would aber therefore bore advise you that a tiffen dant in a criminal case should make the abo ing required in laws of A 0 i attorney general aa |