946. SEC. 3771. [19 G. A., ch. 117, amends this substitute enacted by 17 G. A., ch. 74, by striking therefrom that portion commencing with "and there is allowed in the second line of the section as it stands, and ending with "duties of his office" in the sixth line, and inserting in lieu thereof the words "and the salary of the deputy clerk of the supreme court shall be twelve hundred dollars per annum.' The same act also amends § 766, which see.] 947. SEC. 3775. To entitle the district attorney to the per cent. on "fines and forfeitures actually collected by him," it is not SEC. 3777. The reporter cannot be required to transcribe and file his notes until his fees therefor are paid, even where he has by order of the court taken down in writing the evidence offered in an equitable action: Godfrey v. McKean, 54-127. The stenographer's notes, when filed with the clerk as a part of the record of the case, may be amended or corrected by the court when it is ascertained in a proper proceeding that they do not fully or correctly embody the action or proceeding of which they were intended to be the record: Mahaffy v. Mahaffy, 18 N. W. Rep., 685. The filing of the stenographer's original notes, and the subsequent incorporation of them into the bill of exceptions, and the insertion of a duly certified copy thereof in longhand in the transcript, constitute a SEC. 3784. substantial compliance with this sec tion as amended: McAnnulty v. Seick, 59-586. The stenographer's report of the evidence may be incorporated into the bill of exceptions by a reference thereto, and becomes a part of such bill of exceptions without being transcribed. A transcript of such notes will only be necessary where a transcript of the record is required: Hampton v. Moorhead, 17 Ñ. W. Rep., 202. It is the better practice to preserve evidence which is taken down in shorthand by a bill of exceptions. Whether it may be done by filing the original notes and making certified transcripts therefrom, quære. any rate the record must be made up in the court below: State v. Hessian, 58–68. 950. The limitation contained in this section applies to the compensation of the clerk for all official services; he is not entitled to receive, in excess At of the limit here imposed, the fees as commissioner of insanity specified in § 3325: Moore v. Mahaska Co., 61177. 951. SEC. 3786. [19 G. A., ch. 151, repeals this section, and enacts in lieu thereof the following:] into county treasury u111 ness fees. SEC. 3786. The clerk of the district and circuit courts shall, Clerk to pay on the first Monday in January and July of each year, pay into the county treasury for the use of the county all fees of whatever claimed wit kind in his hands at the date of preceding payment and still unclaimed, and at the time of so doing he shall take from the treasurer duplicate receipts thereof, giving the title of the cause and Repeal. style of the court in which the same was pending, with the names of the witnesses, jurors, officers, or other persons, and the amount each one is entitled to receive, one of which receipts he shall file with the county auditor, who shall charge the amount thereof to the treasurer as so much county revenue, and shall enter the same upon the proper records as a claim allowed, and on demand by the persons entitled to said fees he shall issue county orders for the amount due each person respectively. [The remainder of this act is inserted in supplement to page 962, in connection with § 3815.] 952. SEC'S 3788, 3789 and the substitute, 18 G. A., Ch. 115. COMPENSATION OF SHERIFFS. [Nineteenth General Assembly, Chapter 94.] SEC. 1. Chapter 115, laws of the Eighteenth General Assembly, re ating to compensation of sheriffs, is hereby repealed and the following enacted in lieu thereof: SEC. 2. The sheriff is entitled to charge and receive the followAttending su ing fees:-For attending the supreme court, to be paid out of the amount appropriated for contingent expenses of said court, two dollars per day. preme court. SEC. 3. For serving a notice and making a return thereof, for Serving notice. the first person served, fifty cents, and for each additional person twenty-five cents. Serving warrant. Serving subрепа. Summoning jury. Summoning jury to assess damages. SEC. 4. For each warrant served, two dollars, and the repayment of any amount actually paid by him as necessary expenses in executing such warrant as sworn to by the sheriff. If service of the warrant cannot be made, the repayment of all necessary expenses actually paid by the sheriff, while attempting in good faith to serve such warrant within this state, and such reasonable compensation as the board of supervisors may deem just and equitable. SEC. 5. For serving and returning a subpoena, for each person, twenty cents. For service of subpoenas on the same witnesses in several state cases, made in one trip; held, that the sher iff was entitled to mileage but for one trip: Redfield v. Shelby Co., 19 N. W. Rep., 828. SEC. 6. For summoning a grand or trial jury, for each person served, sixty cents, to be paid out of the county treasury; and such sum shall be in full compensation for such service. SEC. 7. For summoning a jury to assess the damages to the owners of lands taken for public improvements, and attending to them, five dollars per day. There shall be nothing in this section so construed that will allow any sheriff to make separate charges for different assessments, provided they can be done by the same set of appraisers and completed in one day of ten hours. SEC. 8. For serving an execution, attachment, or order for the cution, attach delivery of personal property, injunction, or any order of court, injunction. and making return thereof, two dollars. Serving exe ment, order or SEC. 9. For collecting and paying over money: On the first Collecting five hundred dollars or fraction thereof, two per cent.; and on money. excess over five hundred dollars and under five thousand dollars, one per cent.; on all over five thousand dollars, one-half per cent. deed or bill of SEC. 10. For making and executing a certificate or deed for Executing lands sold on execution, or a bill of sale for personal property, sale one dollar. SEC. 11. For the time necessarily employed in making an in- Inventory of ventory of personal property attached or levied upon, twenty-five property levied cents per hour. on. SEC. 12. For copy of paper required by law, made by him, for Making copies. each one hundred words, ten cents. SEC. 13. Mileage in all cases required by law, going and re- Milcage. turning, per mile, five cents. SEC. 14. For taking each bond required by law, twenty-five Taking bond. cents. or discharge. SEC. 15. Each commitment to jail, twenty-five cents; discharge Commitment from same, twenty-five cents. SEC. 16. cents. For receiving a prisoner on surrender by bail, fifty Receiving pris oner. SEC. 17. For boarding a prisoner, a compensation to be fixed Boarding prisby the board of supervisors, not less than fifty cents per day. oner. prisoners. SEC. 18. For waiting on and washing for prisoners, the sheriff Waiting on shall have such reasonable compensation as shall be allowed by the board of supervisors. SEC. 19. For attending before any judge with a prisoner, one Attending with dollar per day. prisoner. SEC. 20. For attending sale of property, for each day, one Attending sale. dollar. convict, pris tentiary, jail, SEC. 21. The sheriff, for conveying one or more convicts to Conveying either of the penitentiaries of this state, or any prisoner to any oner or insane county jail outside of the county in which said sheriff resides, or person to peniany insane person or persons to any insane asylum in the state, asylum or reor person or persons to the reform school in the state, shall be form school. allowed, as full compensation therefor, his necessary traveling expenses, actually paid by him, including board and railroad fare for himself and such convicts, insane, or other prisoners, or any other necessary expenses, and in addition thereto forty cents per hour for the time necessarily employed in going to and returning from said prisons, asylums, or reform schools, to be certified by the oath or affidavit of such sheriff, accompanied by the proper vouchers to the board of supervisors of the county where the convictions took place. Should the sheriff need any assistance in taking prisoners to the penitentiary or insane persons to the asylum, the same shall be furnished at the expense of the county, the compensation to be fixed by the board of supervisors. SEC. 22. The jailer may be furnished a dwelling in connection Dwelling with the jail, or as convenient thereto as practicable, in the dis- for jailer. cretion of the board of supervisors. SEC. 23. The sheriff is also entitled, for attending district and Annual salary. circuit courts, and for other service for which no compensation is allowed by law, such annual salary as may be fixed by the board of supervisors, but in no case less than two hundred dollars nor Repealing clause. more than four hundred dollars; and the sheriff shall make a full report to the board of supervisors at their January meeting of each year, showing the full amount of fees received by him for the previous year in pursuance of this act. SEC. 24. All acts and parts of acts in conflict with this act are hereby repealed. SEC. 3788. As to fee under the original section | dington, 54–561. for serving execution, see Bell v. Wed 953. Members of board of supervisors. SEC. 3789. [This section is repealed by 19 G. A., ch. 94, inserted above.] SEC. 3790. This section applies only to sheriff's fees and does not render the county liable for cost of printing abstract and argument on appeal by SEC. 3791. services on the faith of such action will constitute a contract binding upon the county: Holmes v. Lucas Co., 53-211. defendant to the supreme court, although on such appeal the judgment against defendant be reversed: Red v. Polk County, 56–98. 954. [19 G. A., ch. 159, repeals this section, and enacts in lieu thereof, the following:] SEC. 3791. The members of the board of supervisors shall each receive four dollars for each day actually in session, and two dollars and fifty cents per day, exclusive of mileage, when not in session but employed on committee service, and six cents per mile for every mile traveled in going to and from the regular and adjourned sessions of the board and in going to and from the place of performing committee service: Provided, that in counties having a population, as shown by the last preceding census, of ten thousand or less, they shall not receive compensation for session service for more than twenty days in one year; and in counties having a population of more than ten thousand, but less than twenty-three thousand, for more than thirty-five days of such service in one year; and in counties having a population of twenty-three thousand or over, for more than forty days of such service in one year. SEC. 3793. An attempt of the board of super- | to be an allowance to the extent of visors to make an allowance to the $1,500, as herein authorized: Griffin treasurer greater than they are au v. County of Clay, 19 N. W. Rep., thorized to do, cannot be construed | 327. SEC. 3804. 957. | In default cases, where plaintiff is required to prove up his claim before getting judgment (under $$ 3541, 3542), the justice is entitled to both a trial fee and a fee for entering judg ment: Shaw v. Kendig, 57-890. SEC. 3814. 961. A witness is not entitled to fees for the time during which he is confined in jail on commitment by a magistrate for failure to give security to appear as a witness for the state in a criminal prosecution: Markwell v. Warren Co., 53-422. Where a justice of the peace dismisses a criminal prosecution for failure of the prosecuting witness to appear, the costs, including witness fees, may properly be taxed to the County: Cassidy v. County of Palo Alto, 58-125; unless the justice has ground for taxing them against the prosecuting witness, as provided in $4691: County of Palo Alto v. Moncrief, 58-131. Where the county fails to pay costs properly taxed against it, action may be brought against it therefor; Cassidy v. County Palo Alto, 58- Since the amendment made in A witness for the prosecution who comes from another state at the request of the state, and testifies in a criminal prosecution where the defendant is adjudged not guilty, should be compensated by the county in accordance with this section for his mileage outside of as well as within the state: Westfall v. Madison Co., 17 N. W. Rep., 614. 962. SEC. 3815. [19 G. A., ch. 151, repeals this section, and in lieu thereof enacts the following substitute, together with an additional section.] unclaimed wit ury. SEC. 3815. Each justice of the peace shall, on the first Mon- Justices to pay day in January and July, each year, pay into the county treasury, ness fees into for the use of the county, all fees of whatsoever kind in his hands county treasat the date of preceding payment and still unclaimed, and at the time of so doing he shall take from the treasurer duplicate receipts therefor, giving the title of the cause, with the names of the witnesses, jurors, officers, or other persons, and the amount each one is entitled to receive, one of which receipts he shall file with the county auditor, who shall charge the amount thereof to the treasurer as so much county revenue, and shall enter the same upon the proper records as a claim allowed, and on demand by the persons entitled to said fees he shail issue county orders for the amount due each person respectively. er to make unclaimed court, f.es. SEC. 2. Each county treasurer shall make a certified state- County treasurment of all unclaimed fees in his hands at the time of the taking statement of effect of this act, showing the title of the cause, style of the name of the individual, and the amount to which each one is entitled, and file the same with the county auditor, who shall charge the treasurer in the county fund with the aggegate amount so certified, and place the same on the proper record as a claim allowed, and issue county orders therefor upon demand by the parties entitled thereto. [The first part of this act is a substitute for § 3786, and is inserted in supplement to page 951.] SEC. 3818. This section applies to cases in all | courts held by justices of the peace, the courts of the state, including | and in the absence of such order by a |