Imágenes de páginas
PDF
EPUB

For each copy of summons for service, when made by him, twenty-five cents.

For levying writ of attachment or execution, or executing order of arrest or for the delivery of personal property, one dollar.

For serving writ of attachment or execution on any ship, boat, or vessel, three dollars.

For keeping personal property, such sum as the court may order; but no more than two dollars per day shall be allowed for a keeper when necessarily employed.

For taking bond or undertaking, fifty cents.

For copies of writs and other papers, except summons, complaint and subpoenas, per folio, ten cents; provided, that when correct copies are furnished him for use, no charge shall be made for such copies.

For serving any writ, notice, or order, except summons, complaint, or subpoenas, for each person served, fifty cents.

For writing and posting each notice of sale of property, twenty-five

cents.

For furnishing notice for publication, twenty-five cents.

For serving subpoenas, each witness, including copy, twenty-five cents.
For collecting money on execution, one and one half per cent.
For executing and delivering certificate of sale, fifty cents.

For executing and delivering constable's deed, one dollar and fifty

cents.

For each mile actually traveled within his township in the service of any writ, order or paper, except a warrant of arrest, in going only, per mile, twenty-five cents.

For traveling outside of his township to serve such writ, order, or paper, in going only, fifteen cents; provided, that a constable shall not be required to travel outside of his township to serve any civil process, order, or paper. No constructive mileage allowed.

For each mile necessarily traveled within his county in executing a warrant of arrest, both in going and returning from place of arrest, fifteen cents.

For each mile traveled out of his county, both going and returning from place of arrest, five cents; provided, that for traveling in the performance of two or more official services at the same time, including the service of civil process or criminal warrants, or transportation of persons charged or convicted of a criminal offense, but one mileage shall be charged.

For executing a search-warrant, such fees and mileage as may be allowed for executing warrant of arrest.

For arresting prisoner and bringing him into court, or jail, one dollar. For summoning a jury, two dollars, including mileage.

For transporting prisoners to and from the county jail, the actual cost of such transportation.

Fees of constables: See ante, § 4187.
Legislation § 4300d.

1895, p. 270.

Added by Stats. 1907, p. 551; based on Fee Bill

§ 4300e. Fees of justices of the peace. Justices of the peace, except as in this title otherwise provided: For all services to be performed by him before trial, in a civil action, two dollars; and for the trial of either

a question of law or fact, and all proceedings subsequent thereto, including all affidavits, swearing witnesses and jury, and the entry of judgment and issuance of execution thereon, three dollars, to be paid when such trial is calendared for hearing; and for the rendition and entry of judgment by default or confession, and services subsequent thereto, including execution and satisfaction of judgment, two dollars. For all services in a criminal action or proceeding, whether on examination or trial, three dollars. For taking bail after commitment by another magistrate, fifty cents. For certificate and transmitting transcript and papers on appeal, one dollar. For copies of papers on docket, per folio, ten cents. For issuing a search-warrant, to be paid by the party demanding the same, fifty cents. For taking an acknowledgment of any instrument, for the first name, fifty cents; for each additional name, twenty-five cents. For taking deposition, per folio, fifteen cents. For administering an oath, and certifying the same, twenty-five cents. For issuing a commission to take testimony, fifty cents. For all services connected with the posting of estrays, one dollar. In cases before a justice of the peace, when the venue shall be changed, the justice before whom the action shall be brought, for all services rendered, including the making up and transmission of transcript and papers, shall receive one dollar; and the justice before whom the trial shall take place shall receive the same fees as if the action had been commenced before him. For receiving and filing an abstract of judgment rendered by a justice or judge of another jurisdiction, and for subsequent services based thereon, two dollars. For performing the duties of coroner, when the coroner fails to act, the same fees and mileage as are allowed the coroner in all cases. For issuing each process, writ, order or paper required by law to be issued not otherwise in this article provided for, twenty-five cents. For administering oath or affirmation not otherwise in this article provided for, ten cents. For each certificate or affidavit not otherwise in this article provided for, twenty-five cents. For taking and approving bond or undertaking, including the justiñeation of sureties, fifty cents. [Amendment approved 1913; Stats. 1913, p. 1442.]

Legislation § 4300e. 1. Added by Stats. 1907, p. 552; based on Fee Bill 1895, p. 272. 2. Amended by Stats. 1913, p. 1442.

§ 4300f. Jurors' fees. Jurors' fees, except as in this title otherwise provided:

For attending as a grand juror or juror in the superior court, for each day's attendance, per day, two dollars.

For attending justice's court, for each juror sworn to try the cause, per day, in civil cases only, two dollars.

For each mile actually traveled in attending court as a juror, except in criminal cases in justice's court, for which no allowance shall be made, in going only, per mile, fifteen cents.

Legislation § 4300f.

1895, p. 273.

§ 4300g. Witness fees.

provided:

Added by Stats. 1907, p. 553; based on Fee Bill

Witness' fees, except as in this title otherwise

For each day's actual attendance, when legally required to attend upon the superior court, per day, two dollars in civil cases and one dollar and fifty cents in criminal cases.

Mileage actually traveled, one way only, per mile, ten cents; provided, however, that in criminal cases such per diem and mileage shall only be allowed upon a showing to the court, by the witness, that the same are necessary for the expenses of the witness in attending, and the court shall determine the necessity for the same, and may disallow any fees to a witness unnecessarily subpoenaed.

For each day's actual attendance, when legally required to attend before a grand jury, one dollar and fifty cents per day.

For each mile actually traveled in attending as such witness before a grand jury, one way only, ten cents.

For each days' attendance upon a justices' court, in civil cases only, when legally required to attend, per day, one dollar.

For each mile actually traveled, in civil cases only, in a justices' court, in going only, ten cents.

Witnesses in civil cases may demand the payment of their mileage and fees for one day, in advance, and when so demanded shall not be compelled to attend until the same shall have been paid. [Amendment approved 1909; Stats. 1909, p. 765.]

Witness, fees of: See ante, § 4070.

Legislation § 4300g.

1. Added by Stats. 1907, p. 553; based on Fee

Bill 1895, p. 273. 2. Amended by Stats. 1909, p. 765.

§ 4300h. Coroner's fees. Coroners may, for their own use, except as in this title otherwise provided, collect the following fees, and no others: For general services in holding an inquest, ten dollars.

For each witness subpoenaed, twenty-five cents.

For each mile necessarily traveled in going to the place of the inquest, twenty-five cents.

For directing or attending the interment of each body upon which an inquest has been held, two dollars; which fees shall be all that he shall be entitled to charge.

When acting as or in the place of the sheriff, the same fees as are allowed the sheriff for like services.

Legislation § 4300h. Added by Stats. 1907, p. 554; based on Fee Bill 1895, p. 273.

§ 43001. Public administrator's fees. Such fees as are now or may hereafter be allowed by law.

Legislation § 4300i.

1895, p. 274.

Added by Stats. 1907, p. 554; based on Fee Bill

§ 4300j. Surveyor's fees. Such fees as are now or may hereafter be allowed by law.

Legislation § 4300j. Added by Stats. 1907, p. 554; based on Fee Bill 1895, p. 274.

§ 4300k. Fees in civil cases, in advance. County officers must, and township officers may, demand the payment of all fees in civil cases, in advance.

Legislation § 4300k. Added by Stats. 1907, p. 554.

§ 4301, Fees not to be charged, when. No fees or compensation shall be paid for filing the statement and affidavit of a committee or candidate

voted for at any public election held within the state; nor for filing, or swearing to any claim or demand against the county.

Legislation § 4301. Enacted by Stats. 1907, p. 554. Original § 4301 enacted March 12, 1872; repealed by Stats. 1907, p. 354.

§ 4302. Same. No fees or other compensation shall be charged by any county clerk for taking and certifying affidavits for pension claimants, or for the payment of a pension voucher, or any matters relating thereto under the laws of the United States.

Legislation § 4302. Enacted by Stats. 1907, p. 554; based on Stats. 1887, p. 81, c. 72; Stats. 1897, p. 55, c. 61. Original § 4302 enacted March 12, 1872; repealed by Stats. 1907, p. 354; substantially same as present § 4208, ante.

§ 4303. Duties of public administrator. [Repealed 1907; Stats. 1907, p. 354.]

Legislation § 4303.

1. Added March 12, 1872. 2. Repealed by Stats. 1907, p. 354; substantially same as present § 4181, ante.

§ 4304. Duties of commissioner of highways and road-overseers. [Repealed 1907; Stats. 1907, p. 354.]

Legislation § 4304. Amdts. 1880, p. 103.

1. Added March 12, 1872. 2. Repealed by Code 3. Repealed by Stats. 1907, p. 354.

ARTICLE LXI.

The Salary Fund.

§ 4305. Salary fund.

§ 4305. Salary fund. For the purpose of paying the salaries provided for in this title all fees directed to be paid into the county treasury shall be set apart therein as a separate fund, to be known as the salary fund, to be applied to the payment of said salaries. Should, in the opinion of the auditor, the fees to be collected be not sufficient to pay such salaries, it shall become the duty of the board of supervisors at the time the tax levy is made to estimate such deficiency and raise it by direct taxation the same as other funds. [Amendment approved 1911; Stats. 1911, p. 1397.]

Legislation § 4305. 1. Added by Stats. 1907, p. 554; substantially same as former County Gov. Act 1897, p. 574, § 219. 2. Amended by Stats. 1911, p. 1397.

[blocks in formation]

§ 4307. What constitute. The following are county charges:

1. Charges incurred against the county by virtue of any of the provisions of this title.

2. The traveling and other personal expenses of the district attorney, incurred in criminal cases arising in the county, and in civil actions and proceedings in which the county is interested, and all other expenses

necessarily incurred by him in the detection of crime and prosecution of criminal cases, and in civil 'actions and proceedings and all other matters in which the county is interested.

3. The expenses necessarily incurred in the support of persons charged with or convicted of crime and committed therefor to the county jail, and for other services in relation to criminal proceedings for which no specific compensation is prescribed by law.

4. The sums required by law to be paid to the grand and trial jurors and witnesses in criminal cases.

5. The accounts of the coroner of the county for such services as are not provided to be paid otherwise.

6. All charges and accounts for services rendered by any justice of the peace in the examination or trial of persons charged with crime, not otherwise provided for and allowed by law.

7. The necessary expenses incurred in the support of the county hospitals, almshouses, and the indigent sick and otherwise dependent poor, whose support is chargeable to the county.

8. The contingent expenses necessarily incurred for the use and benefit of the county.

9. Every other sum directed by law to be raised for any county purpose under the direction of the board of supervisors, or declared to be a county charge.

10. The fees of constables in criminal cases allowed by law.

County charges, what are: See ante, § 4056a; post, § 4308.

Legislation § 4307. Added by Stats. 1907, p. 554; substantially same as former County Gov. Act 1897, p. 575, § 228, and, except that subds. 3 and 11 are omitted, same as old § 4344 (enacted March 12, 1872; amended by Code Amdts. 1880, p. 104; repealed by Stats. 1907, p. 354).

§ 4308. Cost of criminal action on removal. When a criminal action is removed before trial, the costs accruing upon such removal and trial shall be a charge against the county in which the indictment or information was found.

County charges, what are: See ante, §§ 4056a, 4307.

Legislation § 4308. Added by Stats. 1907, p. 555; same as former County Gov. Act 1897, p. 576, § 229.

§ 4309. Same, how certified and paid. The clerk of the county to which such action is removed shall certify the amount of costs allowed and certified by the court to the auditor of his county, and such auditor shall audit the same and draw his warrant therefor upon the treasury of the county from which such action was removed; and such auditor shall forward to said treasurer and auditor of the county from which said action was transferred, as aforesaid, a certified copy of the total amount of costs allowed by the court, giving each item as certified to him by the county clerk and the court; and the auditor receiving such certified copy of said costs allowed shall enter the same in his book as a charge against the treasury of his county; and the treasurer of the county from which said action was removed must, immediately upon presentation, pay said warrant out of the general fund of said county; or, if at the date of presentation there is not sufficient money in the said general fund to pay the same, he must indorse upon said warrant "Not paid for want of funds," and said warrant must be registered, and shall draw interest at

« AnteriorContinuar »