The Topeka state journal. [volume], March 24, 1913, LAST EDITION, Page 10, Image 10

About The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980

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10
'rTTE TOPEKA DAILY STATE JOTTRN Air MONDAY EVENING, MARCH 24,191$.
LEGAL.
Published in The Topeka State Journal
March 24, 1813.
HOUSE BILL. No. 578.
AN ACT relating to fees and salaries of
certain officers and persons therein
named, and repealing sections 3656. 3666.
&. 3658, 3659, 3660, 3661. 3662, 3663. 3664
&65, 3666, 3667, 366S, 3669, 3670, 3671. 3672.
1673, 3674, 3675, 3676, 3677. 3678, 3679, 368oT
JbNl, 3682, 3683, 36.84, 36S5. 36S6, 3687, 36J3,
S6M, 3690, 3691. 3692, 3-393. 3694, 3695, 36.
3S97. 3698. 3699. 37(10. 37,n STfw arxa ru
8706, 3706 and (73S6) of the General' Stat-
utes of Kansas 1909, chapter 191 of the
cession Laws of 1911, chapter 142 of the
feesslon Laws of 1911, chapter 279 of the
Session Laws of 1911, and all acts and
parts of acts heretofore passed, general
special, and now in force that xnnfiir.
with the provisions of this act, are
hereby repealed.
Be it enacted by the Legislature of the
State of Kansas:
Section 1. That the officers and persons
herein mentioned except In counties have
a population of 90,000 or over, shall be en
titled to receive for their services the fees
and compensation herein allowed and no
other, except such as may be otherwise
provided by law.
Sec. 2. county clerks and County
Treasurers. The county clerks and county
treasurers of the several counties of the
state shall be allowed by the board of
county commissioners of their respective
counties, as full compensation for their
services for the county, the following sal
aries to be paid out of the county treas
ury in monthly or quarterly Installments:
In counties having per annum
a population of 2000 and under $900.00
more than 2000 and not more than
3500 1000.00
more than 3500 and not more than
0 1100.00
more than 6000 and not more than
10,000 1200.00
more than 10,000 and not more than
15,000 1300.00
more than 15,000 and not more than
20.000 1400.00
more than 20,000 and not more than
25,000 1600.00
more than 25,000 and not more than
30,000 1800.00
more than 30,000 and not more than
85,000 2000.00
more than 35,000 and not more than
40,000 2200.00
more than 40,000 and not more than
60,000 2400.00
more than 60,000 and not more than
70.000 2600.00
more than 70,000 and not more than
90.000 3000.00
Provided, that all fees collected by the
county clerks and county treasurers of
the respective counties from parties re
quiring their services, which are now pro
vided lor by law, or which may be here
after provided for by law, shall be covered
into the county treasury and shall become
a part of the general fund of the county;
and provided, that the county commis
sioners of the several counties may al
low the following sums, or as much
thereof as they may deem necessary, for
clerk hire in the office of the county
clerk and county treasurer of their re
spective counties: In counties having a
population of Per annum
more than 2000 and not more than
6000 $300.00
more than 6000 and not more than
10,000 400.00
more than 10,000 and not more than
15,000 600.00
more than 16,000 and not more than
20,000 700.00
more than 20,000 and not more than
25,000 900.00
more than 25,000 and not more than
30,000 1200.00
more than 30,000 and not more than
35.000 1500.00
more than 35,000 and not more than -
4O,0M 1800.00
more than 40,000 and not more than
45,000 2000.00
more than 45,000 and not more than
60.000 2500.00
more than 50,000 and not more than
90,000 3600.00
Provided, that the county commission
ers shall require from the treasurer of
each county a surety bond to be approved
by the commissioners, the cost or wnicn
shall be paid by the county out of the
general fund.
Sec. 3. The county treasurer in each
county shall charge the party requiring
his services for the use of the county the
following fees: For issuing warrants for
the collection of taxes on personal prop
erty ten cents; for certificate of sale of
land at tax sale ten cents; for making out
list of land for the printer to be printed
five cents for eachi tract advertised. But
In no case shall any of the above fees be
charged to the county.
Sec. 4. The county clerk in each county
shall collect from the party requiring his
services for the use of the county the fol
lowing fees: Taking and approving bond
to be paid by the party making the Don!
twenty-five cents: making tax deed, ono
tract, and acknowledgment fifty cents;
each additional tract ox lot 6 cents; for
recording any mark or brand and giving
certificates for the same twenty fivo
cents; for recording each certificate of
strays and forwarding a description of
the same, as provided by law, twenty
five cents; certificate and seal when tho
same is required by law to be made oy
the county clerk, twenty-five cents: for
recording reports, or other papers other
than such as pertain to or are required by
law to be recorded by the county, or
copies thereof, and for makfng copies of ,
any such report, or record, per folio, seven
cents: riling each paper, except such as
pertain to county business, five cents;
Issuing license, to be paid by the person
receiving the same, one dollar; making
transfer of each tract of land, ten cents;
making transfer of each lot. five cent-:
taking and certifying affidavits, except
upon claims against the county, twenty
five cents. For any other services for
which a fee is now provided by law, the
county clerk shall charge such fee as is
provided in said law for such services.
But in no case shall any of the above fees
be charged to the county: Provided, that
the fees collected by the couffty clerks of
the respective counties, as hereinbefore
specified, shall be covered into the county
treasury, which) shall become part of the
general fund of the county.
Sc. 5. County Superintendent. The
county superintendent of public instruc
tion shall be allowed by the board of
county commissioners of their respective
counties, as full compensation for all their
services in the. performance of the duties
required of them by statute, the fol
lowing sums and no more, to be paid out
of the county treasury in monthly or
quarterly installments: said compensa
tion shall be fixed by the board of county
commissioners at the first meeting n
July of each year, based on the enumera
tion of the school enumerator for that
year, and the salary so fixed shall begin,
on July first of that year. In counties
having a school population of less than
500, the county superintendent shall re
ceive for each day actually employed in
the discharge of his duties in his office
the sum of three dollars per day for a
number of days not to exceed ISO in any
one year. In counties having a school
population of from 500 to 1000. he shall re
ceive the sum of three dollars per day for
a number of days not to exceed 200 in
anv one year. In counties having a
school population of 1000 to 1500 he shall
receive the sum of seven hundred and
fifty dollars per annum; in counties con
taining more than 1500 persons of school
age. exclusive of those in cities of the
first and second class, he shall receive
eight hundred dollars and twenty dollars
per annum for each 100 persons of schoo'
age in excess of said 1500 up to the sum of
one thousand two hundred dollars; pro
vided, that in each county, the county
commissioners shall add to the salary
hereinbefore provided the sum of one dol
lar per annum for each teacher employed
in the county, exclusive of those em
ployed in cities of the first and second
class: provided that in counties of 50,000
, to 00,000 the salary of the county superin
tendent shall be eighteen hundred dollars,
and In counties of from 60,600 to 90.000 o.
more population the salary of the county
superintendent shall be one thousand
eight hundred dollars per annum; pro
vided further, that if the county superin
tendent shall fail to spend at least two
hours in each school-room each school
year, so as to observe for at least two
LEGAL.
hours, the work of each teacher under
his supervision, the county commission
ers may deduct from the last quarterly
installment the sum of five dollars for
each delinquency. The county commis
sioners may allow county superintendents
having under their Jurisdiction more than
126 and not more than 200 teachers ths
sum of three hundred sixty dollars
per annum for clerk hire and for more
than 200 teachers the sum of four hundred
dollars per annum for clerk hire.
The county superintendent shall
! be
entitled to all money actually
expended
for stationery. postage.
; reight
and express. All money
I paid out of the county treasury for this
purpose shall be out of the general fund
ot tne county. That the county super-
Intendent of the several counties In the
state of Kansas, shall receive the sum of
one ($1.00) dollar per school per annum.
as traveling expenses in visiting said
schools;' provided, in no case shall any
county superinetndent receive traveling
expenses ror schools not visited.
Sec. 6. County Attorney. The county
attorneys of the several counties of the
state shall be llowed by the board of
county commissioners of their respective
counties the toiiowmg salaries per an
num as compensation for all services per
formed by them to be paid out of the
county treasury monthly or quarterly
In counties having Per annum
a population of 2000 and under $400.j0
from 2000 to 3000 600.00
more than 3000 and not more than
4000 . . . . 600.00
more than 4000 and not more than
5000 700.00
more than 5000 and not more than
9000 900.00
more than 9000 and not more than
12.000 1,000.00
more than 12.000 and not more than
15.000 1,100.00
more than 15,000 and not more than
20,000 1,200.00
more than 20.000 and not more than
25,000 1,350.00
more than 26.000 and not more than
37.500 1,500.00
more than 37,500 and not more than
45.000 1,650.00
more than 45.000 and not more than
55.000 1,800.00
mnr than 56.000 and not more than
60,000 2,000.00
more than 60.000 and not more than
90.000 2.500 00
Except as otherwise provided In this act.
In counties having more than 600 cases in
court In one year, the county attorney
shall be paid $1,600.00 and the county com
missioners may allow $1,000.00 for an as
sistant or assistants, and a runner allow
ance nf $400.00 for stenographer. In coun
ties having a population of less than sixty
thousand, and having a city or tne rirst
class, or two or more cities of the second
class, the county attorney may appoint ai;
assistant county attorney, who shall re
ceive a salary of $1,200.00 per annum, and
one stenographer who shall receive a
salary of $600.00 per annum. And in coun
ties of over 60,000 population and less
than 90,000, and having two or more divi.
sions of the district court, the county at
torney may appoint a first assistant
county attorney, who shall receive a sal
ary of $1,200.00 per annum, a second as
sistant county attorney, who shall re
ceive a salary of $900.00 per annum, and a
stenographer who shall receive a salary
of $600.00 per annum, such salaries to be
paid in equal monthly installments, out
of the county treasury. In counties hav
ing a population of more than 10,000 and
not more than 15,000, in which Is located a
regular army post, the county attorney
snail receive In addition to the salaiy
above provided, the sum of 5700 per an
num. Whenever the prosecuting witness
or defendant Is adjudged to pay the costs,
the court shall tax as costs the following
fees: For drawing indictment or Informa
tion for felony, five dollars; for drawing
indictment or information for misdemean
or, two dollars and fifty cents; for draw
ing complaint for misdemeanor, two dol
lars and fifty cents: for trial in case of
murder or manslaughter, twenty-five
dollars: for trial In other felony cases,
ten dollars: for trial in misdemeanor
cases, five dollars; for action on forfeited
recognizance, except recognizance in
prosecution under the prohibitory law.
ten dollars: in cases where prosecution is
dismissed, two dollars; ror examination
of persons charged with an offense be
fore any justice of the peace or police
judge, four dollars: but in no case shall
the county be liable for any of the fees
herein provided, and all fees collected as
above shall be turned into the general
revenue fund of the county; provided, that
the county attorney shall be entitled to
receive and keep for his own use all fees
now allowed him under any of the pro
visions of the prohibitory law of the state
of Kansas.
Sec. 7. Clerk District Court. Common
Pleas Court. The clerk of the district
court of the several counties of the state
shall be allowed by the board of county
commissioners in their respective counties
the following salaries per annum, as com
pensation for all services performed, to be
paid out of the county treasury quarterly:
In counties having Per annum
a popuatlon of 2000 and under $350.00
more than 2000 and not more than
4000 600.00
more than 4000 and not more than
6000 900.00
more than 6000 and not more than
8000 900.00
more than 8000 and not more than
12,000 1,000.00
more than 12,000 and not more than
20,000 1.200.00
more than 20,000 and not more than
25,000 1.300.00
more than 25,000 and not more than
30,000 1,700.00
more than 30,000 and not more than
35 000 1.800.00
more than 35,000 and not more than
40,000 1,900.00
more than 40,000 and not more than
50.000 2,000.00
more than 50,000 and not more than
70,000 2,800.00
more than 70,000 and not more than
90000 3.000.00
And in counties of more than 40,000 in
habitants, having a court of common
pleas, the clerk of said court shall receive
the same fees as the clerk of the district
court. The clerk of the district court may
be allowed by the county commissioners,
in addition to his salary, not to exceed the
following sums, as clerk hire, to be paid
out of the county treasury, in monthly in
stallments: In counties having a popula
tlon of
more than 15.000 and less than
20.000
more than 20.000 and less than
30,0i
more than 30,000 and less than
35,000
more than 35,000 and less than
40,000
more than 40,000 and less than
450.00
500.0
600 00
750. t
50,000 1,500.00
more than 50,000 and less than
6l.0f0 2.000.CO
mere than 60.000 and less than
70.000 2.400.00
more than 70,000 and less than
90,000 2,800.00
The clerk of the district court, in their
respective counties in this state, shall
charsre for services rendered by them as
required by law to be performed by clerks
of the district court by the fees as here
inafter provided:
For filing each paper, five cents $0.tt
Docketing each action on appearance
docket or execution docket, each
fifteen cents 15
Docketing action on trial and bar
docket, each ten cents 10
Each entry made on appearance
docket other than docketing ac
tion, five cents
Entering every order, motion, rule,
plea, verdict or arraignment, ten
cents
Entering judgment, not excedlng five
.05
.10
folios, forty cents 4A
Each additional folio, ten cents 10
Entering satisfaction of Judgment,
twenty cents 20
Each entry on index, five cents 05
Issuing any other writ, except as
otherwise provided, twenty-five
cents 25
Issuing subpoena, all the names con
tained in one precipe to be con
tained in one subpoena, twenty
cents 20
Entering summons and subpoena on
appearance docket when returned, !
including copy of sheriffs return, 1
LEGAL.
thirty cents -30
issuing any order of attacniment, re
plevin, arrest, execution sale or or
der to carry sentence of criminal
into execution, fifty cents
Issuing commissions to take deposi
tions, twenty-five centa
! Administering oath in ODen court-
JjQ
five cents 05
Impaneling and swearing a jury, xirty
cents
1 Taking and certifying witness, Juror
and other affidavits, twenty-five
cents
Approving bond, justification, fifty
cents -
Docketing judgment, twenty-five
cents
Taxing costs and making fee bill, per
folio, ten cents
Making any record of copying any pa
per required to be, copied, jer folio,
seven cents
Certifying fees of jurors and wit
nesses to county board, each name,
five cents
Entering declaration of alien to be-
cnm? a. eitiy.en find Certified Copy
30
.25
10
.07
.05
of same, one dollar 1-00
Taking and recording recognizance or
bond, fiftv cents 50
THntAHn final nrimlaaion of alien and
certified copy of same, one dollar.. 1.00
Making ree bill in state cases, per ig
lio, five cents z-"V
Entering indictment or Information in
indictment record, fifty cents for
first count
For each additional count
Entering abstract of mechanic's Hen
in mechanic's lien docket, fifty
.06
.50
.10
.30
Certificate and seal, twenty-five cents .25
Releasing mortgage on real estate
riH nndpr foreclosure, fifty cents .50
For holding an election in assignment
case, including making record and
nrt1nt Qni.. In district COUXt.
two dollars and fifty cents 2.50
For preparing and Bending to eacn
creditor a notice required by sec
tion 9. of chanter 101 Of the Laws
of 1876, seven cents per folio -07
t onriiinir onmrnission. bond and oath
of notary public, one dollar 1.00
All of such fees shall, when colected by
the cerk of the district court, be covered
into the county treasury and oecome
nnrHnn f the s-eneral fund of the county.
kw. i fihrlff. The sheriffs of the
1 fnunties of the state shall receive,
as full compensation for their services as
such sheriff, to be allowed by the board
of county commissioners or tneir
Ivo counties, the folowing. salaries: In
innnHps hav-inor a oonulation or
less than 2.000 aou.w
more than 2000 and not more then
40Ti -700.00
mftfo than 4O00 And not more than
imi 900.00
more than 6000 and not more man
8000
1000.00
than annn and not more than
10,000 ijuu.w
more than 10,000 and not more than
15.00O 1500.00
mmv. than ls.ooo and not more than
17 .500 1600.00
than 17 500 and not more than
20,000 . . 1800.00
more than 20,000 and not more than
& .000 2000.00
mnro than 25.000 and not more than
30000 2250.00
more' than 30,000 and not more than
35,000 2500-
more than 35,000 and not more than -
40 ooo 2800.0-J
more than 40,000 and not more tnan
46,000 isuuu.w
mtfk than mo Anri not mora than
90.000 3,600.00
Border counties having a popula
tion of 8000 and not more tnan
mono
1500.00
That in counties having a popula
tion of more than 10,000 ana not
more than 16,000 in which is
located a regular army post,
the sheriff snail receive in ad
dition to the salary above stat-
Ul - - .
500.i
t nnimtlAs nf mnrw than 40.000 and
less than ,uw naving a. lam- .
tary post within its borders the
salary of the sheriff shall be... 3400.00
anH nmviiiai that the county commis
sioners of the several counties may allow
the following sums, or as mucn tiiereui
as they mav deem necessary, for deputy
hT- m the nfflne of the sheriff in their re
spective counties: In counties having
Per annum,
a population of from 4000 and not
more than 8000 $200.00
more than 8000 and not more than
12,000 400-00
more than 12,000 and not more than
17,500 500 03
more than 17,500 and not more than
9nnon ww.oo
more than 20,000 and not more than
25,000 760.00
more than 25000 and not more than
20000 900.00
more than 30,000 and not more than
35,000 - MWMJU
more than 35,000 and not more than
40 000 1400.0U
more' than 40,000 and not more than
r. c - lw.w
more' than 45,000 and not more than
60 000 1800.00
more' than 50,000 and not more than
60,000 2SKW.0O
more than 60,ow ana not muie mo-u
90.000
3500.01.
Provided, that in counties of more
than 35,000 and not more man
40.000 in which there are two di
visions of the district court,
there shall be allowed, by the
county commissioners of said
county for deputy hire or un
der sheriffs, the sum of not to
2400.00
o ronvevine prisoners. That tho
sheriff of each county within the- state
shall, at the close or every cuun
having jurisdiction rf felonies, convey all
prisoners to the state prison i mo
time, unless otherwise ordered by the
court, that may have been sentenced
th..,. flnrlnir such term of court: and he
shall receive from the state treasury foi
hds services in going to and return-ng
from such prison, his actual and neces
sary expenses; and for traveling ex
penses of the prisoner or prisoners con
veyed, at the rate of two cenis per mile
for each prisoner, together with the
. , . i . .3 1- -1 1-.. BYnOIIRMt Of
it lilt I auium miu j , m
such prisoner or prisoners while en route.
provided, that when' more man one con
vict is taken at the same time the sheriff
shall receive, in addition to the fees al
lowed above, fees at the rate of two cents
per mile each way for the necessary
guard or guards for the safe conveyance
of said extra convicts, together with ths
other actual and necessary expenses of
said guard or guards, and three dollars
per day for each guard; provided further,
that no more than one guard shall be em
ployed, to be paid by the state, unless the
number of convicts shall exceed three;
and for every additional number of three
convicts conveyed at one and the same
time the state shall pay for one extra
guard, at the rate hereinbefore provided:
provided further that In addition to the
salary and amounts allowed for deputy
hire, "the sheriff shall be allowed for every
mile actually and necessarily traveled,
each way, in serving or endeavoring to
serve anv writ, warrant, process, order.
venire, notice of tax warrant, his actual
expenses, to be allowed by the county
commissioners upon proper vouchers
therefor.
Sec. 10. Penalty. Should any sheriff
fall to take all convicts at the same time
to the state prison, which may be convict
ed at any one term of court, as herein
provided, unless otherwise ordered by the
court, or shall knowingly demand or re
ceive greater compensation than is ex
pressly given herein by the preceding sec
tion, he shall be deemed guilty of a misde
meanor, and upon conviction by any court
having competent jurisdiction shall be
fined in any sum not less than twenty-five
dollars nor more than five hundred dol
lars for such offense: provided, that the
same fees provided in this act shall apply
for the transportatlng of all persons to
any of the state charitable or penal in
stitutions. Sec. 1L Claim for. Before any sheriff
shall be allowed and paid any part of th?
fees provided by Law for the care and
maintenance of any prisoner, such officer
shall make an oath and attach the same
tr the bill therefor presented to the board
of county commissioners to the effect
LEGAL.
that said prisoners were kept in a cleanly
manner, provided with clean beds, pit
lows. Wholesome food, num water sn.l
plenty of it, and that such were fed at a
Clean table, in suitable, nrooer dishes:
provided further, that in case of desper
ate characters, they may be fed in their
ecus, at tne discretion of the sheriff.
Sec. 12. The sheriffs of the several
counties in the state shall charge for the
services required by law to be performed
uy mem tne following tees:
Serving or executing and returning
any writ, process, order or notice,
or tax-warrant, including a copy of
the same, whenever a copy is re
quired by law, except as otherwise
hereinafter provided, for the first
person, fifty cents .- $0.50
r or each additional person, twenty
five cents
Serving warrants and making return
thereof, seventy-five cents
For witnesses whose attendance is
procured under attachment who
are unable to pay their fare, each
two cents per mile and actual ex
penses i
Making arrest as peace officer, fifty
cents . . . . .
Serving order of attachment, arrest,
or replevin, and - returning the
same, fifty cents
Making levy under execution, fifty
cents
Appraisement of property, fifty cents
.02
.60
.60
.50
.50
rveturn or "no property round, ' twenty-five
centa 25
Return of "not found," each person,
five cents 05
Approving and returning -undertaking.
Dona or recognizance, fifty cents.. .o0
Advertising property for sale, fifty
cents .... .50
Offering for sale or selling property,
fifty cents 50
Taking inventory, of personal prop
erty, each dav. one dollar L00
Sheriff's deed and acknowledgment.
to be paid out of the proceeds of
the sale of real estate conveyed,
on dollar and fiftv cents 1.50
Issuing certificates of sale and re
cording same, one dollar 1.00
Summoning talesman, eachi five cents .05
For every mile actually and necessari
ly traveled each way in serving or
endeavoring to serve any writ, pro
cess, order, venire or notice, or tax
warrants, ten cents 1)
(Provided no mileage shall be
charged when the distance does
not exceed one mile.)
For attending jail when occupied by
prisoner or prisoners, per dav. to
belong to the sheriff LOO
a or boarding and lodging of each pris
oner or prisoners, per day, exclu
sive of lights, furniture, fuel and
bedding, where jail is provided, to
belong to the sheriff
.50
Where no jail is provided, to belonx
to the sheriff 60
All commissions for collecting money
on sales, first one hundred dollars,
three per cent, next four hundred
dollars, two per cent, the second
five hundred dollars, one per cent.
All over one thousand dollars, one
half of one per cent, and one-half
the foregoing rates on collections
made without sale.
All fees provided for herein, except such-
as are expressly given to the sheriff, are
to be paid into the county general fund.
and provided further, that no mileage
snail be taxed or allowed and no person
shall be required to pay any mileage unless
at the time of making returns the sheriff
shall make and file with his returns, or as
part thereof, a statement showine the
aistance actually and necessarily trav
eled in making service on the first per
son, wno snail be named by him, when
the writ contains the names of more
than one person, and the distance actu-
iiy and necessarily traveled from the
place of making the first to the place of
making service on the second
person named by him, and so on for each
person served, and the distance actually
and necessarily traveled by the sheriff in
making such service shall clearly appear;
but when the sheriff serves more than
one process in the .same case or on the
same person, not requiring more than
one journey from his office, he shall
charge mileage for one service only; and
provided further, than when more than
one process for the same person, or in
the same case, is issued and is in the
hands of the sheriff at one time, it shall
be the duty of the sheriff to make service
of said processes. If possible, on the one
trip: and further provided, that the sher
iff shall receive, in addition to the com
pensation allowed him by this act, for
serving under requisition made by the
governor, his necessary transportation
and board actually paid out for himself
and prisoner,
Sec. 13. Probate judge. The probate
udgo of each county snail receive tor his
services tne following salary to be paia
by the county: In counties having a
Per annum.
population of not more than 2.000.. $350.00
more than 2.000 and not more than
,000 aou.oo
more than 3.000 and not more than
4.000 600.00
more than 4,000 and not more than
6.000 800.00
more than 6,000 and not more tnan
10,000 1000.0D
more than 10,000 and not more than
15.000 1100.00
more than 16,000 and not more than
17,500 1200.00
more than 17,500 and not more than
20,000 MOO.tfl
more than 20,000 and not more than
25.000 1600.OT
more than 26,000 and not more than
30.000 1800.00
more than 30,000 and not more than
35.000 2000.00
more than 35,000 and not more than
46.000 Z2U0.00
more than 45,000 and not more than
50.000 2400.00
more than 50,000 and not more than
90,000 3000.00
The probate Judges may be allowed for
clerk hire in their respective counties, in
counties having a population of
Per annum,
more than 10,000 and not more than
15,000 $300.00
more than 15,000 and not more than -
20,000 500.00
more than 20,000 and not more than
35.000 600.00
more than 25,000 and not more than
30,000 730.00
more than 30,000 and not more than
35,000 800.00
more than 35,000 and not more than
45,000 900.00
more than 45,000 and not more than
60,000 1200.00
more than 60,000 and not more than
90,000 2000.00
The probate judge of each county shall
charge for his services the following fees:
Issuing letters testamentary, including
the probating of any will and Including
the filing of all papers, approving all
bonds, appointing appraisers, hearing evi
dence In connection with, the probating of
the will, recording all orders of the court,
and all other work required by the stat
utes to be done at the beginning of the
probation of an estate, $6.00.
The following schedule of fees shall be
construed to refer to work done after the
issuing of letters testamentary and the
probating of the will:
Issuing letters of administration or
guardianship $1.00
Filing, entering and approving and
bond 50
Issuing subpoena, citation, venire, or
other writ, process or order, and
filing and entering the same 23
Filing and entering each paper .Ob
(Provided that the vouchers re
turned with the annual, partial or
final settlement shall be attached
thereto, and such settlement filed
as one paper.)
Hearing every petition, motion, or
application, proof of demand, and
entering up order, approval or dis
approval, or judgment thereon, ex
cept as hereinafter provided 25
Making entries in appearance docket,
including the index OS
Entering abstract of claim 10
Examining annual or final settlement
and entering order approving or
disapproving the same 1.00
Holding Inquest in case of alleged lu
natic or habitual drunkard, and
rendering or entering judgment
thereon; hearing application for
release on writ of habeas corpus i
LEGAL.
and making any order or rendering
any judgment thereon; hearing ap
plication for injunction and mak
ing order thereon 2.00
Swearing each witness 65
Taking and certifying affidavit, in
cluding ruing and entering if re
quired Recording bonds, inventories, settle
ments, reports and any and all
other matters required to be re
corded, except as herein other
wise provided, or copying same,
per folio
Hearing all evidence, recording pub
.26
10
lication notice of final settlement,
making findings and order as to
heirs, making order of final dis
charge, and all other work required
In final discharge 2.50
Issuing and recording marriage li
cense and recording the return
thereof to be paid when issued 1.60
Making out adoption papers, and issu
ing certified copy of adoption com
plete 1.60
Filing petition, hear" 'g, notice, mak
ing order, and approving sale, and
entering and recording all papers
necessary to complete and perfect
sales of realty, either by guardian
or administrator 6.00
Provided, that no paper, instrument or
document, except such as the law re
quires shall be recorded; for any other
service reouired bv law the same fees
shall be charged as are prescribed for the
crerK or tne district court ror like ser
vice; provided, that all fees herein pro
vided for to be charged bv the nrobate
judge shall be covered into the county
treasury ror tne use or the general fund
of the county.
sec. 14. Register of Deeds. The regis
ter of deeds of the several counties of
the state shall receive the following- sal
aries per annum to be paid by the, board
of county commissioners of their respect
ive counties for all services required of
tnem by any law of the state: In coun
ties having a population of 2000, and under,
$600.00; provided however, that In coun
ties having a population of 2000, or less,
the county commissioners may in their
discretion pay in addition to the sum of
$600.00 an additional sum not to exceed
$300.00 for the services of such register of
deeds. In counties having a population
Per annum.
of more than 2,000 and not more
than 3,000 $900.00
more than 3,000 and not more than
5,000 1,100.00
more than 5,000 and not more than
10,000 1,200.00
more than 10,000 and not more than
15,000 1.400.0C
more than 15,000 and not more than
20,000 L600.00
more than 20,000 and not more than
26,000 1,600.00
more than 25,000 and not more than
30,000 1,800.00
more than 30,000 and not more than
35,000 2000.00
more than 35,000 and not more than
45,000 2200.'j0
more than 45,000 and not more than
70,000 2400.00
more than 70,000 and not more than
90,000 3000.00
The register of deeds may be allowed
for clerk hire in their respective counties:
In counties having Per annum
more than 10,000 and not more than
15,000 $200.00
more than 15,000 and not more than
20,000 600.00
more than 20,000 and not more than
25,000 .' 600.00
more than 25,000 and not more than
,000
more than 30.000 and not more than
720.00
35,000 . . . 800.00
more than 35,000 and not more than
46.000 900.00
more than 45,000 and not more than
60,000 1200.00
more than 60,000 and not more than
90,000 2000.00
Sec. 15. The register of deeds of the
several counties of the state shall charge
and collect the following fees for his ser
vices:
For recording deeds, mortgages, or
other instruments Of writing, for
first folio, twenty-five cents $0.25
For each additional folio, ten cents.. .10
For certificate of filing any instru
ment for record, five cents oB
Entering any instrument on the re
ception record, five cents
.05
Each entry of general index, both
direct and indirect, including de
scription of property, five cents..
.05
Each entry on numerical Index, if
any, including description of
property, ten cents
.10
For filing each paper required to be
filed other than papers ror rec
ord, five cents 05
For copy of deed or other instru
ment recorded per folio, ten cents .10
For recording town plats, one hun
dred lots or less, two dollars Z.0U
For each additional one hundred lots.
one dollar LOO
not certificate and seal other than
instruments for record, twenty-five
cents
.25
For filing, entering and releasing
chattel mortgage, bill of sale, or
conditional-sale contract or note,
twenty-five cents
.25
.25
For renewing same, twenty-five cents
For recording any release or assign
ment or real estate mortgage,
where the same is indorsed on the
original in first folio, twenty-five
cents
.25
.10
For each additional folio, ten cents..
Provided, that all the fees enumerated
in this section shall be due and payable
before the register of deeds shall be re
quired to do the work; and if the regis
ter of deeds shall fail to collect any of the
fees herein provided foT, the amount of
such fees so collected at the end of each
quarter shall be deducted from the sal
ary herein provided for. All of such fees
herein provided for shall be paid by the
register of deeds to the county treasurer
and covered into the general fund of the
county.
Sec. 16. Fee books; statements: penalty:
auditing. The county treasurer, county
clerk, county attorney, clerk of the dis
trict court, snerirr, probate judge and
register of deeds shall each keep a book to
be called "fee book,' to be provided by
the county commissioners. They shall
keep a true and accurate account of all
fees by them charged and collected, set
ting forth what fees are charged, by whom
paid, for what service rendered, to whom
payable and the date of such charges, ren
dition and payment. Said book shall be
be open tr public inspection during office
hours. Each of the officers named ill
this section, shall, on the first day in the
regular session of the board of county
commissioners in the months of January,
April, July and October of each year,
make out and file with the county clerk
and present to Bald board a true state
ment, verified by affidavit, which state
ment shall show an itemized account of
all moneys by him charged and collected
during the preceding quarter and the
amount of fees due and uncollected; pro
vided, that if any of the officers herein
named in this section shall fail to keep a
full and correct account of the f ee
charged and received, or shall fail to
make the report herein provided for to
the board of county commissioners, or
shall fail to pay the money due the
county as shown by such report, or if he
shi fail to deliver to the board of county
commissioners on demand, for their in
spection, the fee books herein provided, he
shall forfeit to the county ten dollars for
each day he shall fail so to do; provided,
further, that if such failure continue for
fifteen days he shall forfeit his office;
and provided further, that nothing con
tained in this section shall prevent the
prosecution of any such officer under any
other law of this state for his failure,
neglect or refusal to perform any of his
official duties; provided, further, that if
any board of county commissioners shall
neglect to audit or shall audit and order
to be paid any quarterly or other install
ment of the salary of any of the afore
named officers receiving a salary, until
the report be made and sworn to by said
officers as herein provided, each
member of said board voting in
favor of such order shall be
subject to a fine of one hundred dollars,
to be recovered for the use of the com
mon school fund as in other cases. The
county officers shall be held accountable
for all uncollected fees which are due
the county at the time of rendering- the
quarterly statements; and the county
LEGAL.
commissioners shall withhold from the
last quarter's salary of any of the fees
past due as provided, unless it be found
that such fees can not be collected.
Sec 17. Successors in office. All fees
cnargea after the taking effect of this
act by any officer herein mentioned shall
be collected by his successor or successors
in office in the same manner and at the
same time he should have collected the
same had he remained in office, and such
fees so collected shall be reported by the
officer collecting the same to the board
of county commissioners.
Sec. 18. Witness fees. Witnesses shall
receive the following fees: For attending
before any court or grand jury, or before
any judge, referee, or commission, per
day. one dollar and fifty cents; for at
tending on an inquest, fifty cents; for at
tending before any justice of the peace,
seventy-five cents; for each mile neces
sarily and actually traveled in going to
and returning from the place of attend
ance, five cents; provided, that no mileage
shall be allowed where the distance i
less than one mile. No witness shall re
ceive per diem or mileage in more than
one case covering the same period of 'time
or the same travel, and each witness shall
be required to make oath that the fees
claimed have not been claimed or received
In any other case; and no juror shall re
ceive pay as a witness while serving as a
Juror. Witnesses shall be entitled to re
ceive, for attending before any attorney
general,' county attorney or assistant attorney-general,
under any provision au
thorizing the officers to compel the at
tendance of such witnesses, the sum of
one dollar and fifty centa per day, to
gether with mileage of five cents per miie
for each mile necessarily traveled in go
ing to and returning from the place of
attendance. Such fees shall be paid by
the board of county commissioners where
the violation of the law being Investigated
Is alleged to have occurred.
Sec 19. Certain officials not receive
witness fees. No person holding any of
fice or appointment under any county,
city or other municipality shall be paid
any witness fees in any cast whatsoever
when such person is a witness for the
state of Kansas, county, city or other
municipality when such state, county,
city or other municipality is a party to
said suit: nor shall any sheriff or his under-sheriff
oT deputies or any constable,
while attending court as an officer, claim
or be paid any witness fees in such cases;
provided, that this act shall not apply
where such witness is required to attend
court at a place other than where he re
sides or is employed.
Sec. 20. Jurors. Jurors shall be paid the
following fees out of the county treasury:
For attending before any court of record,
for each day's attendance, two dollars
and fifty cents per day; for each mile
necessarily traveled in going to and re-
turnine from the place of attendance,
five cents: provided, that no mileage
shall be naid to Jurors excused by the
court on their own request on the first
dav of annearance for returning from
place of attendance; each juror or witness
sworn before any coroner or justice of
the peace on inquest taken by him, one
dollar; each juror, for attending in any
justice court, to be advanced by the partv
demanding the same and at the time of
such demand, and taxed to the" party ad
judged to pay the costs, one dollar; and
on dollar ror eacn aaaitionai uay uiojr
shall attend on the same.
Sec. 21. County commissioners. Each
member of the board of county commis
sioners of the several counties of the state
shall receive as full compensation for his
services for the county the sum or live
dollars per day, and shall each
be allowed and receive five cents
per mile for each mile actually
and necessarily traveled in the
transaction of any of the duties of said
offices, to be paid out of the county
trAojjm-v monthlv or in Quarterly lnsta
ments; provided, that the salary of each
commissioner shall not exceed in any one
year the following amounts:
In counties having Per annum
a nonulation of 2000 and less, not
to exceed 76.00
innr than 2000 and not more than
5000 ..... - Ifi&OO
more than 6000 and not more than
10,000 200.00
more than 10,000 and not more tnan
15.000 800.00
mom than 15.000 and not more than
30.000 350.00
more than 20.000 and not more than
25.000 0.00
rmvm than 25.000 and not more than
30.000 600.00
mm- than 30.000 and not more than
35.000 650'
morn than 36.000 and not more than
45,000 700.00
more than 45,000 and not more man
60,000 SOO-W
mora than 50.000 and not more than
70.000 1.500.00
Provided, that the salary herein provided
shall be In full for all services of every
kinri nprformed bv such commissioners.
Sec. 22. Justices of the peace. Justices
of the peace in their respective junsaic
tions shall receive the fees herein set
out, and no more:
For issuing any writ, summons, or
order of attachment, garnishment,
or execution, fifteen cents $0.15
For issuing each writ, twenty-five
cents
.25
Making entry upon Justice s docket
required by law, ror eacn oi toe
first twentv entries, ten cents....
For each additional entry of ona fo
lio or less, five cents
Entej-imr anv order of dismissal, ad
journment or ' continuance, of
summons for jury, or other order
of two folios or less, fifteen cents
Each additional folio, five cents
All transcripts, per folio, five cents..
Any certificate or Jurat, fifteen cents
Acknowledgment of any instrument,
twenty-five cents
Filing each paper, not exceeding ten
.15
.06
.05
.26
in number, five cents i
Each additional paper, three cents 03
Approved bond or undertaking, fifteen
cents IS
Administering each oath, five cents;
(and in the trial of any case all
witnesses for each side shall be
sworn when produced, and one
charge shall be made for admin
istering such oath)
Jury trial, each day, one dollar LpO
Trial by the court, eacn aay, one
dollar Ll
Transmitting papers, twenty-five
cents
For rendering judgment, twenty-five
cents
For entering judgment, ten cents
Satisfaction of judgment, twenty-five
cents; (all names in one precipe
shall be in one subpoena, unless
otherwise ordered) 25
For performing the duties of coroner.
the same fees as are allowed by
law to coroners
Marrying and making return, two
dollars 2-00
Provided, that if any person charged
with a felony shall be discharged by the
officer taking his examination, or if rec
ognized or committed for any such of
fense and no indictment or Information
be preferred against him, the costs shall
be paid bv the prosecuting witness, unless
the court shall find that there was prob
able cause for instituting prosecution and
that the same was not instituted for ma
licious motives; and whenever it shall
appear to the court or Jury trying acy
person for an offense less than a felony
that the prosecution has been Instituted
without probable cause and from mali
cious motives, the name of the prosecutor
shall be ascertained and stated in the
findings, and such prosecutor shall be
adjudged to pay the costs, and may be
committed to --e county Jail until th?
same are paid or secured to be paid.
Sec. 23. Folio. A folio shall consist oi
one hundred words, and two figures shall
be counted as one word.
Sec. 24. Number of inhabitants. The
number of inhabitants shall be determined
for the purposes of this act from the last
returns of the assessors in each year in
their respective counties.
Sec. 25. Duty of county commisslonei a
It is hereby made the duty of the board of
county commissioners of each county in
this state, at its regular quarterly sessions,
tn oxamine the a DDearance dockets in the
office of the clerk of the district court in
their respective counties and determine
the amount of stenographers' fees collect
ed by the said clerk of the district court
during the preceding three months. - Said
.25
.10
a? CiSUXL?IaS?t -hall make
the chairman o'f-saTd tolrl Tolg" tne
Prthalf MS, nt c "f 1, Ve!
ij' t snail be f led in the office of th
county clerk, one copy shall beorearded
by the chairman of said board To tte
treasurer of the state, at Topeka. and
CP? ha" be delivered to the" clerk
of the district court, and by him Attached
m h'3 statement of regulal quifeViy A
sTtreasure;6"08, ?" " "
riye
Poye me,aCtUaIly and "ecessarUy em
exceed one day for each survey for eaeX
Plat or certificate of survey two dolfars"
'naking complete report of surveys'
by authority for county or l"
nH-JWu. doars: for recording surveys
peeled ."nf CerU"e,d cPy "port ap
irl"1;, br foo, twenty cents; for
cenf J liCh' J0, ftrst Pon. fifty
five ceSf.. Th ada,tinl Person, twenty
S,n1afi": '-r rePort of survey and for
Shi tereof'. rered by law, per
cosoran8! a.ctual and reasonable
thl s?,rvrtaUon goia to- making
rirovidr7haa.nd returnins to his office;
SfSSl1 V1. in counties of more thau
vevoV'sW "h l the ffice of r-.
wiX .nn .bhe kept opn rix daV In each
seioa- J f" county surveyor for hi
services In such, counties shall receive tho
f 4 00 Per d&y- tor each day his
? r Pen' Aether with the fees of
O loe J? provided for in this section.
licshan'revw", P"Z.. "Z&ZLS":
: v iwcuij-uve cents;
for each no-
ut-e oi protest
ten ronlo fM. n .
and seal, twentv-fi ,, -.t "
services the same fees as are allowed to
the clerk of the district court for Ilk er
vices. "
5e"j J' In Pension cases. That
no Judge or clerk of any court,
county clerk. notary . public. Jus
tice of the neace. or anv th ...
thorized to administer oaths, shall be al
lowed to charge any discharged soldier
or seaman, or the widow, orphan or le
gal representative thereof, more than fif
teen cents for administering any oath, or
giving any official certificate for the pro
curing of any pension, bounty or back
pay, nor administering any oath or oaths,
and giving the certificate required upon
any coucher for collection of periodical
dues from the pension agent, nor more
than fifteen cents for all services rendered
In perfecting any one voucher.
Sec. 29. Penalty. Any such officer who
may accept more than fifteen cents for
any such service shall be deemed guilty
' a misuemeanor, ana lined in any sum
not less than twenty-five dollars nor more
than fifty dollars.
Sec. 30. Coroner. The coroner of each
county shall receive for holding an in
quest, three dollars per day for each day
necessarily and actually employed- for
all services performed by him in holding
such inquest, the same fees as Justices of
the peace for like services in criminal
cases; for performing the duties of sher
iff, the same fees as sheriff; and for every
mile necessarily and actually traveled in
the discharge of his official duty, ten
cents.
Sec. 31. Referees. Each referee (com
missioner), for the partition of real estate
shall receive, each day. three dollars;
traveling fees the same as are allowed to
sheriffs: but this section shall not limit
tne right of parties to agree upon a high
er rite of compensation for the referees
(commissioners) in any case.
Sec. 32. Appraisers. Each appraiser In
civil action shall receive one dollar for
the first day's service, and traveling fees
the same as are allowed to sheriffs, and
when required to serve more than one
day In any case, two dollars for each day.
Sec. 33. Constables. Constables Shalt
receive the following fees:
For serving every writ, order, pro
cess, or notice, not herein other
wise provided for, when the same
shall contain the name of but one
person, twenty-five cents $0.25
For each additional person, fifteen
cents 16
Serving a subpoena on witness, twenty-five
centa 26
For each additional witness In the
same case, fifteen cents 16
Appraisal and return, fifty cents 60
Taking and returning a bond or un
dertaking, twenty-five cents 25
Summoning a Jury, fiftv cents go
Attending on a Jury, fifty cents 60
For each mile necessarily and act
ually traveled In the service and re
turn of any writ, oroceaa nrHo, -
notlce, ten cents
.10
(NO Constructive mlleae. .ho It
al-
lowed.)
For committing to prison, twenty-five
.25
"s t" inynifi into court, oy order
twentv-five cantn -
Atlending criminal examination,' 'first
Each subsequent dav. n nii..' i
For copy of summons or notice left at
the place of abode, fifteen ir
On all money collected on execution, "four
per cent.
For keeping property taken on replevin
aiiavunient, a reasonable compensa
tion, to be allowed by the court.
Sec. 34. Printers. Trlnter. .h.u v.-
titled to receive the following fees:
For publishing any notice of sale for
taxes, ror each tract other than town
lots, for all the Insertions, twenty
five cents n k
For each town lot. for all the inser-l
tions. ten cents ia
For publishing any notice when the
time for the redemption of lands sold
for taxes will expire, for each tract,
or lot of land other than town lots,
for all the Insertions, twenty-five
cents
.25
For each town lot. ten centa
.10
!For publishing any legal notice, or any
order, citation, summons, or any other
proceeding or advertisement required by
law to be published In any newspaper,
at a rate not exceeding one dollar per
square of two hundred and fifty ems
for the first insertion, and fifty cents
per square of two hundred and twenty
five ems for each subsequent insertion.
Sec. 35. Record of attendance. The clerk
of the district court shall keep a record
of the attendance of jurors at each term,
and of the attendance and fees of wit
nesses, when claimed during the term.
Sec. 36. Statement to commissioners.
Within ten days after the close of each
term of a court of record, the clerk there
of shall return to the board of county
commissioners a statement of the attend
ance of Jurors at such term and their
mileage as taken by him, together with
a statement of the attendance and mile
age of witnesses In all criminal cases,
claimed, and for which the county i lia
ble. Sec 37. List posted. Each officer here
in named shall cause a list of his fees
to be posted In his office, in some conspic
uous place, under penalty of three dollars
for each day he shall neglect to do so.
Sec. 38. How proved; collection. All
fees and sums paid by either party for
fees of witnesses and other necessary ex
penses in any city action of proceedings
shall be proved by the affidavit of the
party, or of some person knowing the
same to have been paid; and all such fees
shall be taxed and collected from the
party ordered or adjudged to pay the
costs.
Sec. 39. Fee bill. Any person liable for
any costs or fees shall be entitled to re
ceive, ' on demand, a certified bill of the
same. In which the items of service ancl
the charge thereof shall be . specially
stated.
Sec. 40. Receipts. Every officer charg
ing fees shall. If required by the person
paying them, give him a receipt therefor,
setting forth the items and the date of
each.
Sec. 41. Criminal examination. It shall
be the duty of every justice of the peace
to tax the costs of every criminal exam
ination or trial before him, and certify
the same to the board of county com
missioners, in all cases in which' the
county is liable.
Sec. 42. collected on execution. It shall
be the duty of the sheriff or other officer
collecting costs on execution in this slat
after retaining bis own fees, to Pay to