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THE ADVOCATE AND NEWS.
1839. More than 35,000 and not more than 40,000 1300 per annum More than 40,000 and not more than 45,000 2000 per annum More than 45,000 3000 per annum And In counties of more than 45000 Inhabi tants having a court of Common Pleas, the Clerk of said court of Common Pleas, shall receive the same fees as the Cleric of the DlBtrlct Court. And if in any year the fees collected shall be more than the sums above specified In their respective counties, the said District Clerks shall pay to the county treasurer of their respective counties, one half of such excess when collected, taking duplicate receipts therefor, one of which they shall file with the County Clerk, and such money shall become part of the gen eral fund of the county. Section 9. The Sheriffs of the several counties In the State shall charge, as full compensation for their services as required by law to be performed by the Sheriff of each county," the following 'fees: Serving or executing and returning any writ, pro cess, order, or notice, or tax warrant, in cluding a copy of the same, whenever a copy Is required by law, except as otherwise hereinafter provided, for the first person, fifty cents; for 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 three cents per mile and ac tual expenses; making arrest as peace offi cer, 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; return of "no property found", twenty-five cents; return of "not found", each person, five cents; approving and re turning undertaking, bond or recognizance, fifty cents; advertising property for sale, fifty cents; offering for sale or selling prop erty, fifty cents; taking Inventory of per sonal property, each day, one dollar; Bherlffa..-deed and acknowledgement, to be paid out of the proceeds of the sale of real estate conveyed, one dollar and fifty cents; issuing certificates of sale and recording same, one dollar; summoning talesman, each five cents; for every mile actually and and necessarily traveled each way in serv ing or endeavoring to serve a writ, process, order, venire, or notice, or tax warrant, ten cents; Provided, no mileage shall be charged when the distance does not ex ceed one mile; for attending Jail when oc cupied by prisoner or prisoners, one dollar per day; for boarding and lodging each prisoner or prisoners, forty cents per day exclusive of lights, furniture, fuel and bed ding, where jail is provided, and sixty cents where no Jail is provided; And provided further, that no mileage shall be taxed or allowed and no person shall be required to pay any mileage unless at the time of making returns the sheriff make and file with his returns, or as a part thereof, a statement showing the distance actually and necessarily traveled in making service on the first person, who shall be named by him, when the writ contains the names of more than one person, and the distance ac tually and necessarily traveled from the place of . making the first service 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 in returning, so that the whole route traveled by the Sheriff in making 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 receive mileage for one service oniy. For each mile actually and necessarily traveled in collecting or endeavoring to collect, or endeavoring to find property to satisfy personal taxes un der warrants, ten cents; and the said fees to be paid by the county, in the event of failure to collect or failure to find property with which to satisfy said tax warrants; attending any court of record, one dollar and fifty cents per day; executing writ of habeas corpus, fifty cents; for serving under requisition made by the governor, five dol lars per day and necessary transportation and board actually paid out for himself and prisoner as provided by section 314, chap ter 82, General Statutes of 18G8, commission for collecting money on sales, first one hundred dollars, three per cent; the next four hundred dollars, two per cent; the second five hundred dollars, one per cent.; and all over one thousand dollars, one-half of one per cent; and one-half the fore going rates on collections made without sale; for posting, each notice of election, five cents; and ten cents per mile for each mile actually and necessarily traveled: Provided, that no mileage shall be allowed when the distance traveled is less than one mile; nor shall any mileage be allowed unless at the time of making his return he shall file therewith, and make a part of his return, a statement where such notice was posted, the distance from the place where the first notice was posted, to the place of posting the second notice, and so on until the notices are posted, so that the whole route traveled shall show clearly the actual number of miles traveled and no more. The Sheriff may, where the Jail is in sufficient for the safe-keeping of prisoners, employ such guards as are actually neces sary. For the services of said guard or guards, the Board of County Commission ers shall allow the Sheriff reasonable compensation to be paid out of the county treasury: Provided, that the Sheriff in counties having the following population may receive all fees collected as hereinaf ter specified: In counties having a popula tion of More than 5.000 and not more than 10,000 $1,500 per annum More than 10,000 and not more than 15,000 1,600 per annum More than 15,000 and not more than 20,000 1,800 per annum More than 20,000 and not more than 25.000 2,000 per annum More than 25,000 and not more than 30,000 2,250 per annum More than 30.000 and not more than 35,000 2,500 per annum More than 35,000 and not more than 40,000 2,800 per annum More than 40.000 and not more than 45.000 3.000 per annum More than 45,000 3,500 per annum And if. In any one year, the fees charged exclusive of the amount hereinbefore al lowed for boarding prisoners and the fees collected from the State for conveying prisoners to the State charitable or penal institutions shall be more than the sums above specified in the respective counties, the said Sheriffs shall pay to the County Treasurer of their respective counties, one third of such excess when collected, taking duplicate receipts therefor, one of which they shall file with the County Clerk, and such money shall become part of the ge neral fund of tho.county: Provided, that In counties where all fees charged by the Sheriff shall not amount to five hundred dollars in one year, the County Commis sioners shall allow the Sheriff Buoh an ad ditional compensation that the fees charged and the additional compensation taken to gether BhaJI equal five hundred dollars per on num. Section 10. That the Sheriff of each county within the State shall, at the close of every court therein having Jurisdiction of fel onies, convey all persons to the State prison at the same tlmo, unless otherwise ordered by the court, that may have been sentenced there during such term of court; and he shall receive from the State treasury for his services in going to and returning from such prison, five dollars per day, together with his other actual and necessary expen ses, and for traveling expenses of the pris oner or prisoners conveyed, at the rate of three cents per mile for each prisoner, to gether with the other actual and necessary expenses of said prisoner or prisoners while en route; Provided, than when more than one convict Is taken at the same time the Sheriff shall receive, In addition to the fees allowed above, fees at the rate of threo cents per mile each way for the necessary guard or guards for the safe conveyance of saJd extra convicts, together with the other actual and necessary expenses of said guard or guards, and three dollars per day for each guard; And provided further, that no more than one guard shall be employed to be paid by the State, unless the num ber of extra prisoners (convicts) shall ex ceed threo; and for every additional num ber of three convicts conveyed at one and the same time, the State shall pay for one extra guard, at the rates hereinbefore pro vided. Section 12. The Probate Judge of each county shall receive for his services the fol lowing fees: Issuing letters testamentary of ad ministration or guardianship $1-00 Filing, entering and approving bond 50 Issuing subpoena, citation, venire, or other writ, process or order, and filing and entering the same 25 Filing and entering each paper 05 Provided, that the vouchers returned with annual or partial or final settlement shall bo attached thereto, and with each such settlement filed as one paper. Hearing every petition, motion or ap plication, proof of demand, and enter ing any order, approval or disappro val, or Judgment thereon, except as hereinafter provided 25 Entering abstract of claim '. .10 Examining annual or final settlement and entering order approving or dis approving same 1.00 Holding inquest in case of alleged lu natic or habitual drunkard, and rendering and entering Judgment thereon 1.00 Hearing application for injunction and making order thereon 2.00 Hearing application for release on writ of habeas corpus and making any or der or rendering any Judgment thereon 2.00 Swearing each witness 05 Taking and certifying affidavit, includ ing filing and entering If required 25 Recording bonds, with inventories, set tlements, reports, or other matters required to be recorded, except as herein otherwise provided, or copying same, per folio 10 Issuing and recording marriage license, to be paid when iBsued 2.00 Provided, that no paper, instrument or document, except such as the law requires, shall be recorded. For any other service required by law, the same fees as are pre scribed for the Clerk of the District Court for like service. Where an application is made to the Probate Court to commit any boy to the reform school, or any girl to the reformatory for girls, and the application is sustained, the fees for the same shall be taxed to the party making application, and upon the affidavit of the applicant that he or she are unable, by reason of poverty, to pay the same, the fees of the Probate Coutr shall be certified to the County Commissioners, and allowed in the same manner as fees in Insane cases. In addition to the fees herein provided, the Probate Judge shall be entitled to receive such fees as are or may be provided by law for such service under the prohibitory laws: Pro vided further, that the Probate Judge in counties having the following population, may retain all fees collected as hereinafter specified: In counties having a popula tion of More than 5,000 and not more than 10,000 $900 per annum More than 10,000 and not more than 15,000 1,000 per annum More than 15,000 and not more than 20,000 1,100 per annum More than 20,000 and not more than 2&.000 1,200 per annum More than 25,000 and not more than 30,000 1,400 per annum More than 30,000 and not more than 33,000 1,600 per annum More than 35,000 and not more than 40,000 1,800 per annum More than 40,000 and not more than 45,000 2,000 per annum Mere than 45,000 and not more than 55,000 2,500 per annum Mere than 55,000 3,000 per annum And if, in any year the fees collected shall be more than the sums above specified in their respective counties, the said Probate Judge shall pay to the County Treasurer of their respective counties, one-half of such excess when collected, taking dupli cate receipts therefor, one of which they shall Hie with the County Clerk, and such money shall become part of the general fund of the county: Provided further, how ever, that if the fees collected In any county be less than $500 per annum or less than the maximum amount hereinbefore provided for the Probate Judge shall re ceive such other compensation as may be allowed by the County Commissioners not to exceed five hundred dollars per annum. Section 13. 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, 25 cents; for each additional folio 10 cents; for certificate of filing any instrument for record, five cents; entering any instrument on the reception record, five cents; each en try on general index, both direct and indi rect, including description of property, five cents; each entry on numerical index, if any, including description of property, ten cents; tpr filing each paper required to be filed other than papers for record, five cents; for copy of deed or other instrument recorded, per folio, 10 cents; for recording town plats, one hundred lots or less, two dollars; each additional one hundred lots, one dollar; for certificate and seal other than instruments for record, twonty-five cents; for filing, entering and releasing chattel mortgage, bill of sale or conditional sale, contract or note, twenty-five cents; for renewing same twenty-five cents; for recording any release or assignment of real estate mortgage whether the same is en dorsed on the original Instrument or en tered on the margin of the record, twenty five cents; for the first folio and 10 cents for each additional folio; Provided, that all the fees enumerated In this section shall be duo and payable before the Register of Deeds shall be required to do the, work: Provided further, that the Register of Deeds in counties having the following poulatlon may retain all fees collected as hereinafter specified: In counties having a population of More than 5,000 and not more than 10,000 $300 per annum More than 10,000 and not more than 15,000 1,000 per annum More than 15,000 and not more than 20,000 1,100 per annum More than 20,000 and not more than 25,000 1,200 per annum More than 25,000 and not more than 30,000 1,400 per annum More than 30,000 and not more than 35,000 1,600 per annum More than 35,000 and not more than 45,000 2,000 per annum More than 45,000 and not more than 55,000 2,500 per annum More than 55,000 3,000 per annum And if, in any one year, the fees charged shall be more than the sums above speci fied In their respective counties the said Registers of Deeds shall pay to the County Treasurer of their respective counties, ono half of such excess when collected, taking duplicate receipts therefor, one of which they shall file with the County .Clerk, and such money shall become part of the gen eral fund of the county: Provided, that in tho counties where the fees charged amount to less than five hundred dollars per annum, the County Commissioners shall pay him a sum sufficient to maks up said amount. Section 14. The County Treasurer, County Clerk, County Attorney, Clerk of the Dis trict Court, Sheriff, 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, setting forth what fees are charged, by whom paid, for what service rendered, and the date of such charges, rendition and payment. Said book shall be open to public inspection dur ing office hours. Each of the officers named in this section shall, on the first day of 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 pre sent to said board a true statement veri fied by affidavit which statement shall show the total amount of fees by him charged and collected during the preceding quarter and the amount of fees due and uncollected. Provided that if any of the officers herein named in this section shall fall to keep a full and correct account of the foes charged and received, or shall fall to make the re port herein provided for the Board of County Commissioners, or shall fall to pay the money due the county as shown by such report, or if he shall fall to deliver to the Board of County Commissioners on de mand for their lnspetion. the fee books herein provided, he shall forfeit to the county ten dollars for each day he shall negligently so to do; Provided further, that If such failure shall continue for fifteen days he shall forfeit his office: And Provided further, that nothing contained in this sec tion 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 Com missioners shall neglect to audit, or shall audit and order to be paid any quarterly or other instalment of the salary of any of the aforenamed, officers receiving a salary, until the report be made and sworn to by said officers as herein provided, each mem ber of Bald board voting In favor of such order shall be subject to a fine of one hund red dollars to be recovered for the use of th common school fund as In other cases. Section 17. Jurors nhall be paid the fol lowing fees out of the county treasury: For attending before any court of record, for each day's attendance, two dollars per day; for each mile necessarily traveled In going to and returning from the place of attendance, five cents; Provided, that no mileage shall be paid to the Jurors excused by the court on their own request on the first day of appear ance for returning from place of attend ance; each Juror or witness sworn before eny coroner or Justice of the peace, on Inquest taken by him, one dollar; each Juror for attending In any Justice court to be ad vanced by the party demanding the same and at the time of such demand, and taxed to the party adjudged to pay the costs, one dollar; and one dollar for each additional day they shall attend on the same. Section 18. Court stenographers for the district court shall be allowed as compen sation for their services a salary of twelve hundred dollars per annum, payable from the State treasury In monthly Installments at the close of each month. A stenograph er's fee of two dollars shall be taxed as costs for each day during trial in each and every case wherein such stenographer is used, which stenographer's fee of two dol lars shall, when collected as costs by the district clerk, be paid Into the State treas ury in quarterly Installments at the close of each quarter. Court stenographers shall also be allowed to receive the sum of eight cents per folio of one hundred words for each and every transcript and three cents per folic- for carbon copies, which sum of eight cents per folio shall be paid In all cases by the party ordering the same; Pro vided, that the party paying for such tran script, may by attaching to them the re ceipt of such stenographer, have the amount pftld for such transcript taxed as costs In the court to which said cause is ta ken by appeal or on petition in error, which said costs of said transcript shall be taxed i to, and be paid by the losing party In said ! court to which said cause is taken. Pro vided that this section shall not apply. to any court stenographer whose compensa tion may be otherwise provided for without the payment of any part thereof from the State treasury.' 1 Section 19. Each member of the Board of County Commissioners of the several coun ties of the State, shall receive as full com pensation for his services for the county, tho sum of three dollars per day and shall each be allowed and received five cents per mile for each mile actually and necessarily traveled In the transaction of any of tho duties of said office to be paid out of the County treasury in quarterly installments: Provided, that the salary of each Com missioner shall not exceed In any one year the following amounts: In counties having a population of 2,000 and less, not to ex ceed $125 per annum More than 2,000 and not moro than 6.000 150 per annum More than 5,000 and not more than 10,000 175 per annum More than 10,000 and not more than 15.000 200 per annum More than 15,000 and not more than 20.000 250 per annum More than 20.000 and ont more than 25,000 300 per annum More thnn 25,000 and not more than 30.000 400 per annum More than 30.000 and not more than 35.000 500 per annum Moro than 35.000 and not moro than 45,000 700 per annum More than 45.000 and not more than 50,000 800 per annum More than 50,000 900 per annum Provided, that the salary herein provided shall be In full for all services of every kind performed by such Commissioners. Section 20. Justices of the Peace In their respective Jurisdictions shall receive the fees herein set out and no more: For is suing any writ, summons, order of attach ment, garnishment or execution, fifteen cents. For Issuing each writ twenty-five cents, making entry upon Justices' docket required by law, ten cents; for each of the first twenty entries; and five cents for each additional entry of one folio or less; enter ing any order of dismissal, adjournment or conttnuance, of summons for jury or other order of two folios or less, fifteen cents; each additional folio, five cents; all trans cripts per folio, five cents; any certificate or Jurat, fifteen cents: acknowledgement of any Instrument, twenty-five cents; filing each paper, not exceeding ten In number five cents: each additional paper, three cents; approving bond or undertaking, fif teen cents; administering each oath, five cents: and in the trial of any cose all wit nesses for each side shall be sworn when produced, and one charge shall be made for administering such oath; Jury trial, each day, flftv cents; trial by the court, each day, fifty cents; 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; for performing the duties of coro ner the same as fees are allowed by law to coroners; marrying and making return, two dollarsr Provided, that if a person charged with a felony shall be discharged by the officer taking his examination, or If recognized or commlttod for any nuch of fense and no indictment or Information be preferred against him. the costs shall be paid by the prosecuting witness, unless the court shall find that there was probable cause for Instituting prosecution, and that the same was not instituted for malicious motives: and whenever it shall appear to the court or Jury trying any person for an offense less than a felony that the prosecu tion has been Instituted without probable cause and from malicious motives, the name of the prosecutor shall be ascertained and stated In the findings. and such prosecu tor shall be adjudged to pay tho costs, and may be committed to the county Jail until the same are paid or secured to he paid. 8ectlon 22. 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. Provided however, that the County Com missioners of the several counties of the State having more than fifty thousand in habitants may pay such further sums, not specified in the previous sections, for clerk hire, as they may deem proper; also further provided, that the County Commis sioners In case of fee offices, may make up the deficiency In the several counties or any part of such deficiency as they may deem proper. Section 2. It Is hereby made the duty of the Board of County Commissioners of each county in this State, at its regular quarterly sessions, to examine the Appear ance Dockets In the office of the Clerk of the District Court in their respective coun ties end determine the amount of steno graphers, fees collected by the sold Clerk of tho District Court during the preceedlng three months. Said Board of County Com missioners shall make a report in triplicate, duly certified to by the chairman of said Board, showing the amount as collected, one copy of which report shall be filed in the office of the County Clerk, one copy shall be forwarded by the Chairman of said Board to the Treasurer of the State at To peka, and one copy shall be delivered to the Clerk of the District Court, and by him at tached to his statement of regular quarterly remittance of stenographers' fees to the State Treasurer. Section 3. That Sections 2, 4, 6, 7, 8, 9, 10. 12, 13, 14, 17, 18, 19. 20, and 22 of chapter 131 of the Session Laws of 1897, be, and the same are hereby repealed. Section 4. This act shall take effect and be In force from and after its publication In tho official State paper. I hereby certify that the above bill origi nated In the House, and passed that body February 23d, 1899. 8. J. OSBORN. Speaker of the House. CHA8. E. LOBDELL, Chief Clerk of tho House. Passed the Senate March 2d, 1899. II. E. RICHTER. President of the Senate. J. W. MORPHY, I Secretary of the Senate. Approved March 4th, 1899. W. E. STANLEY, Governor, STATE OF KANSAS, Office of Secretary of State, f. Geo. A. Clark, Secretary of State of the State of Kansas, do hereby certify that the above and foregoing Is a correct copy of the original enrolled bill now on file in my office. In testimony whereof, I have hereunto subscribed my name and affixed my official seal, this 6th day of March. 1899. (Seal.) GEO. A. CLARK. Secretary of State. . By HILL P. WILSON, Assistant Secretary of State.