tice of the peace requiring the same, may commit such person to the common jail in the county where such justice of the peace resides, there to remain untifhe shall I,e dis charged by due course of law, or until the next session of the county court in said cOun- ty; which court may make further order re- latingpto the subject matter of said ofeDce.- Provided ho,cever, That in all cases in which any person shall complain on oath. as afore- said, and the person complained of shall be discharged by said justice Of the peace for want ofprobable cause, the complainant shall pay all the expenses and costs of said com plaint and prosecution. so that no part there of shall be taxed against the state and the same shall be taxed by said justice against him; and said justice may issue execution a. gainst him therefor, and the same, when col lected, shall be paid into the hands of said justice, to be by him paid to those to whom the same may be due. /YO De continued.