The fees herein provided for the clerk of the district court and the sheriff, as provided in this act, and all costs in the prosecution of all criminal actions shall, in case of conviction of the defendant, be adjudged a part of the penalty of the offense of which the defendant may be convicted, whether the punishment for such offense be either imprisonment, or fine, or both, and fixed either by the verdict of the jury, or judgment of the court, trying the case, and if the defendant shall refuse to pay the fine, fees or costs, the payment of such fees and costs, in addition to the payment of the fine assessed, shall be enforced by imprisonment until the same shall be satisfied at a rate of Twenty-five Dollars ($25.00) per day of such fees and costs, or fine, or both, or shall be satisfied at a rate of Fifty Dollars ($50.00) per day of such fees and costs, or fine, or both, should the defendant perform useful labor. If the defendant is without means to pay the fine, fees or costs, the total amount owed shall be entered upon the judgment docket and thereupon the same remedies shall be available for the enforcement of said judgment as are available to any other judgment creditor.

The term "all costs in the prosecution of all criminal actions", as used in this section, shall include only the following taxable items:

1. Court clerk's costs and fees authorized by statute;

2. Sheriff’s fees;

3. Fees and mileage of witnesses; and

4. Cost deposits in the appellate court, whether on appeal, in an original proceeding or in any postconviction challenge, if waived on the basis of a pauper's affidavit.

R.L. 1910, § 3196. Amended by Laws 1913, c. 112, p. 203, § 1, emerg. eff. March 29, 1913; Laws 1968, c. 383, § 1, eff. Jan. 13, 1969; Laws 1969, c. 202, § 3, emerg. eff. April 18, 1969; Laws 1971, c. 341, § 1, emerg. eff. June 24, 1971; Laws 1973, c. 147, § 1, emerg. eff. May 14, 1973; Laws 2008, c. 413, § 3, eff. Nov. 1, 2008.