Commission ers of insanity. 814, 15. 48. Sheriff. Witnesses. Commissioners for each day, two dollars; Surveyor for each day, four dollars; Chain carriers, markers, and other assistants, for each day, one dollar and fifty cents. If the highway extends into more than one county, such expenses when so adjudged shall be paid by the several counties in proportion to the length of time occupied on the highway in each county. SEC. 3825. The commissioners of insanity shall be allowed at the rate of three dollars per day each, for all the time actually 12 G. A. ch. 179, employed in the duties of their office. They shall also be allowed 13 G. A. ch. 109, their necessary and actual expenses, not including charges for board. The clerk, in addition to what he is entitled to as commissioner, shall be allowed one-half as much more for making the required record entries in all cases of inquest and of meetings of the board for any purpose, and for the filing of any papers required to be filed. He shall also be allowed twenty-five cents for each notice or process given or issued under seal as herein required. The examining physician shall be entitled to the same compensation as a commissioner, and to mileage at the rate of five cents per mile each way. The sheriff shall be allowed for his personal services in conveying a patient to the hospital and returning therefrom, at the rate of three dollars per day for the time necessary and actually employed, and mileage the same as is allowed him in other cases, and for other services the same fees as for like services in other cases. Witnesses shall be entitled to the same fees as witnesses in the circuit court. The compensation and expenses provided for above, shall be allowed and paid out of the county treasury in the usual manner. Whenever the commissioners issue their warrant for the admission of a person to the hospital, and funds to pay the expenses thereof are needed in advance, they shall estimate, the probable expense of conveying such person to the hospital, including the necessary assistance, and not including the compensation allowed the sheriff, and on such estimate, certified by the clerk, the auditor of the county shall issue an order When paid out on the county treasurer for the amount as estimated in favor of of county treas- the sheriff or other person entrusted with the execution of such warrant; the sheriff or other person executing such warrant, shall accompany his return with a statement of the expenses incurred, and the excess or deficiency may be deducted from or added to his compensation, as the case may be. If funds are not so advanced, such expenses shall be certified and paid in the manner above prescribed on the return of the warrant. When the commissioners order the return of a patient, compensation and expenses shall be in like manner allowed. ury. Visiting com mittee to hospital for the insane. 14 G. A. ch. 91, 29. SEC. 3826. The visiting committee shall be allowed five dollars per day for the time taken in visiting the hospital for the insane, and mileage at the rate of five cents per mile each way. The disbursing officer of each hospital for the insane shall pay the per diem and mileage allowed such visiting committee, and each member of such visiting committee shall certify under oath to such disbursing officer, the number of days he has served and the mumber of miles traveled. [This section is modified by the provisions of the act inserted following.] [Seventeenth General Assembly, Chapter 92.] tees: regents. SEC. 1. The trustees of state institutions, members of visiting Trustees: visitcommittee to hospitals for insane, and regents of the state univer- ing commitsity shall receive, as their compensation, four dollars per day for each and every day actually employed in the discharge of their duties, and five cents per mile for each mile necessarily traveled in such business, and no more. SEC. 2. This act shall not be construed to allow trustees to Length of time. receive compensation for a longer time than is now permitted by law. SEC. 3. All acts and parts of acts inconsistent with this act Repealing are hereby repealed. clause. sent for elec R. 2529. SEC. 3827. Messengers sent for the returns of elections, shall Messengers be paid ten cents a mile going and returning, to be audited and tion returns. paid from the state or county treasury, as the case may be. SEC. 3828. Any person authorized to solemnize marriage, is Marriages: solentitled to charge two dollars for officiating in each case, and making return thereof. emnization. R. 2 4159. a Attorney ap SEC. 3829. An attorney appointed by a court to defend person indicted for any offense, is entitled to receive from the pointed to decounty treasury the following fees: For a case of murder, twenty-five dollars; For felony, ten dollars; For misdemeanor, five dollars; Any attorney selected by a peace officer, for appearing and prosecuting before a justice of the peace a prosecution for selling intoxicating liquors, five dollars. [As amended by 17th, G. A., ch. 91, which inserted the specific amounts in the fourth and also in the fifth line, instead of the words "such fees as the court may fix."] The provisions of this section limit- who is informant in the case (see § ing the amount which an attorney 1551). The peace officers here contemshall receive in such cases, are not un-plated are those designated as such constitutional: Samuels v. County of Dubuque, 13-536. To entitle an attorney to the fee here provided in case of a prosecution for the sale of intoxicating liquors, he must be selected by the peace officer in $ 4109, and the term does not in- fend criminals. R. 1578, 4168. C. '51, 2561. C. '51, 2562. SEC. 3830. An attorney cannot in such case be compelled to Same. follow a case to another county or into the supreme court, and if R. 2 4169. he does so, may recover an enlarged compensation, to be graduated on a scale corresponding to the prices above allowed. R. 24170. SEC. 3831. Only one attorney in any one case shall receive Only one at the compensation above contemplated, nor is he entitled to this torney allowed. compensation until he files his affidavit that he has not, directly or C. 51, 2563. indirectly, received any compensation for such services from any source. notices. 21. SEC. 3832. In all cases where publication of legal notices of For publicaany kind are required or allowed by law, the person or officer de- tion of legal siring such publication shall not be required to pay more than one 10 G. A. ch. 115, dollar per square of ten lines of brevier type, or its equivalent, for the first insertion, and fifty cents per square for each subsequent insertion; and any person desiring such publication, who shall have tendered such notice to the editor, proprietor, or person Plaintiff may designate paper. For printing Arbitrators and referees. R. 3691. C. '51, 22114. Depositions. Receipt for C. 51, 2549. conducting some newspaper, published weekly or oftener in such county, having the largest circulation, and has offered to pay for the publication of the same at the rate herein named, and in case the publication of such notice is refused at the price above fixed, then the officer or person desiring such publication shall procure the insertion of such notice in the newspaper nearest the county seat of such county having a general circulation that will publish such notice at the rate herein provided; which publication shall in all respects have the same effect in law and equity as if such notice had been published in the county where such action was commenced or sale is to take place. And in all cases of publication of notices in connection with commencement of actions in court, or sales upon execution, the plaintiff may designate the newspaper published within the county in which such notice shall be published. The plaintiff has the right to des- execution sales shall be made; § 306 ignate the newspaper in which publi- is not applicable to such cases: Herrication of original notices or notices of | man v. Moore, 49-171. SEC. 3833. The compensation for printing the delinquent tax list, shall be at a rate not exceeding twenty cents for each tract of real property advertised for sale; and in case there is no newspaper published in the county where such lands lie then the treasurer shall cause the publication to be made in the nearest newspaper having a circulation in such county, provided that no newspaper shall be considered as one of general circulation unless it has two hundred regular weekly subscribers. SEC. 3834. The compensation of arbitrators shall be, for each day actually and necessarily spent in the discharge of their duty, two dollars, or such other sum as may be agreed upon by the parties in interest. The fees of referees acting under a submission made by or agreed to by the parties in a case pending in a court of record, shall be fixed by the court or judge and taxed as a part of the costs in the case. [The wo ds following "judge" at the end of the section are not in the original. They are retained as in the printed cod, as having probably been inserted by the editor.] SEC 3835. Any officer or person taking depositions is authorized to charge therefor at the rate of ten cents per hundred words, exclusive of the certificate. SEC. 3836. Every person charging fees shall, if required by the person paying them, give him a receipt therefor, setting forth the items and the date of each. SEC. 3837. When no other provision is made on the subject, Bill of particu- the party requiring any service shall pay the fees therefor upon the same being rendered, and a bill of particulars being presented if required. lars. R. 4164. C. '51, 2557. Where an attorney in a case re-appeal, he cannot be required to dequires services, his client, and not the attorney, is liable therefor: Doughty v. Paige, 48-483. posit it with the clerk until his fees therefor are paid: McKay v. Maloy, 53-33. To the same effect as to clerk of court of record: see Dickerson v. Shelby, 2 Gr. 460. If a justice of the peace has prepared and certified a transcript on SEC. 3838. In all cases where an officer in the discharge of his vertisements. duty is required to set up an advertisement, he shail, when not otherwise provided, be allowed twenty-five cents, and if an adver Setting up ad R. 24165. C. 31, 2558. tisement is required to be published in a newspaper, the money therefor shall be paid by the party and may be taxed in the bill of costs. fees posted up. C. '51, 2559. SEC. 3839. Every officer entitled to fees, shall keep posted up officers to in his office a fair table thereof on pain of forfeiture of two dollars keep list of per day, for the benefit of the county, for each day he fails to keep R. 1166 such tables of fees thus posted, up. SEC. 3840. Any officer who wilfully takes higher or other fees Penalty for than are allowed by law, is guilty of a misdemeanor, and be may than allowed. fined therefor a sum not less than ten nor more than fifty dol.ars. R. 4167 Any contract for higher fees than would be void: Gilman v. D. V. R. those provided, or for an amount Co., 40-200. which might prove to be higher, taking more C. '51, 2560. 9 G. A. ch. 66, SEC. 3841. Where costs are paid by a county other than the When paid by one where the offense was committed, the amount of such costs a county shall be deemed a charge in favor of such county, and against the 22. one in which the offense was committed, and may be recovered by action in any court having jurisdiction. This section applies in case of change | committed in an adjoining county, of venue, and probably in case of pre- but within five hundred yards of the liminary examination, but is not ap- boundary between them: Floyd Co. plicable where one county (under Sv. Cerro Gordo Co., 47–186. 4160) takes jurisdiction of a crime in advance. SEC. 3842. No officer or other person mentioned in this title, When fees is entitled to any of the fees mentioned herein in advance, must be paid where the same grows out of any criminal prosecution. But Same, & 1. in all other cases, except where the fees or compensation is payable by the state or county, or when the orders, judgments, or decrees of courts or justices of the peace are to be entered or performed, or their writs executed, the officer performing any of the services named in this chapter, is entitled to his fees in advance if he demand them. After the expiration of sixty days from the rendition of a final judgment not appealed, removed, or reversed, the clerk of the court or a justice of the peace in whose office the judgment is entered, may, and on demand of any party entitled to any part thereof, shall issue a fee bill for all costs of such Fee bill isjudgment, which shall have the same force and effect as an execution issued by such officer, and shall be served and executed execution. in the same manner. SEC. 3843. In all cases where fees or compensation as distin- When fees are guished from a certain and fixed salary, are, by the provisions of state or county. this title to be paid any officer or other person out of the county or state treasury, no part of the same shall be audited or paid, until a particular account has been filed in the auditor's office of the county or state, verified by affidavit, and showing clearly for what services such fees or compensation are claimed, and when the same was rendered. sued to have same force as payable by furnish officers and stationery. SEC. 3844. The board of supervisors shall furnish the clerk Supervisors to of the district and circuit court, sheriff, recorder, treasurer, audi- with office,fuel, tor, and county superintendent, with offices at the county seat, together with fuel, lights, blanks, books, and stationery necessary and proper to enable them to discharge the duties of their respective offices; but in no case shall any of such officers be permitted to occupy an office also occupied by a practicing attorney. |