For serving execution, besides mileage, fifty cents; For serving each mittimus or order of release, besides mileage, thirty cents; For all money collected on execution and paid over except costs, five per cent, which shall constitute part of the costs. Constables' fees for serving an orig- may be taxed up as costs: Du Boise v. inal notice of suit in a court of record | Babcock, 42–233. cases. SEC. 3806. The fees contemplated in the two preceding sec- In criminal tions, in criminal cases, shall be audited and paid out of the county 14G. A. ch. 131. treasury in any case where the prosecution fails, or where such fees cannot be made from the person liable to pay the same, the facts being certified by the justice and verified by affidavit. There is no provision for the com- | the county any fees in criminal cases pensation of the mayor of a city ex- tried by hum: Upton v. County of ercising the powers of a justice un- Clinton, 52-311. der § 506, and he cannot recover from SEC. 3807. A constable or other officer who serves any war- Officers seizrant for the seizure of intoxicating liquors shall be allowed: For such service, one dollar; For the removal and custody of such liquor, his reasonable expenses; For the destruction of such liquor under the order of the court, his reasonable expenses and one dollar; For posting and leaving notices in such cases, one dollar. TOWNSHIP TRUSTEES. SEC. 3808. The township trustees shall receive: ing intoxicating liquors. R. 1570. For each day's service of eight hours necessarily engaged in Township trusofficial business, to be paid out of the county treasury, to each e R. 4156. trustee, two dollars; For each day engaged in assessing damages done by trespassing animals, one dollar per day each, to be paid as are other costs in such cases; But when acting as fence viewers, or viewing or locating any ditch or drain, or in any other case where provision is made for their payment otherwise, they shall not be paid out of such treasury. C. '51, 2548. fence viewers, When acting as fence viewers, or in locating any ditch or drain, Acting as or in any other case where provision is not made for their pay- etc. ment out of the county treasury, their fees shall be two dollars per day each, and in the first instance be paid by the party requiring their services, and they shall append to the report of their proceedings a statement thereof and therein shall direct who shall By whom fees shall be paid. Township clerk. pay said fees and in what sums respectively, and the party having so advanced any such fees may have his action therefor against the party so awarded to pay the same, unless, within ten days after demand by the party entitled, the same shall be reimbursed to him. [As amended by the addition of the last paragraph; 16th G. A. ch. 35.] TOWNSHIP CLERK-ASSESSOR. SEC. 3809. The township clerk shall receive: For each day of eight hours necessarily engaged in official business, where no other compensation or mode of payment is proviR. 909, 911. 9 G. A. ch. 90. ded, to be paid from the county treasury, two dollars; Assessors. For all money coming into his hands by virtue of his office, aside from money received from his predecessor in office, five per cent.; For filing each application for a drain or ditch, fifty cents; For recording each person's mark or brand for animals, twentyfive cents; For making out and certifying the papers in any appeal taken from an assessment by the trustees of damages done by trespassing animals, such additional compensation in such cases as the board of supervisors may deem reasonable and allow. [As amended by inserting the words in the sixth line commencing with "aside" and ending with "office;" 16th G. A., ch. 61.] SEC. 3810. Each township assessor shall receive for each day of eight hours necessarily engaged in the discharge of his official 9 G. A. ch. 173, duties, to be paid out of the county treasury, two dollars. R. 2730. 23. Jurors. R. 2 4154. C. '51, 2545. CHAPTER 3. OF WITNESSES, JURORS, AND SPECIAL CASES. SECTION 3811. Jurors shall receive the following fees: For each day's service or attendance in courts of record, two dollars, and for each mile traveled from his residence to the place 9 G. A. ch. 15, of trial; the sum of ten cents; 222, 3. 10 G. A. ch. 92. Fees taxed as part of costs. 9 G. A. ch. 15, For each day's service before a justice of the peace, one dollar. No mileage shall be allowed jurors before justices, nor talesmen. Jurors' fees in justice's courts shall be taxed as part of the costs. Immediately after the adjournment of each term of a court of record, the clerk thereof shall certify to the county auditor a list of the jurors, with the number of days' attendance and mileage to which each one is entitled. Where a case before a justice of should not be computed in the numthe peace is commenced in one week ber of days of service: Anson v. and extends into the next, Sunday | Dwight, 18-241. SEC. 3812. For every case tried in a court of record by jury, there shall be taxed as a part of the costs as a jury fee the sum of six dollars, which shall be collected as other costs and paid into the county treasury by the clerk, who shall report the same to the board of supervisors at each regular session thereof, who shall cause the same to be charged to the treasurer. [This section was amended by 15th G. A., ch. 32, so as to require the entire per diem of the jury to be taxed as costs, to be collected and paid into the county treasury, but this amendment was, by 16th G. A., ch. 39, repealed, and the original section as given above, re-enacted.] The provision requiring a party to pay a jury fee, or increasing the jury fee, is not in conflict with Const, art. 1, §9; Adae v. Zangs, 41-536, 542; Little v. McGuire, 43-447; Steele v. C. R. of Iowa, 43-109; The State v. Verwayne, 44-621. Although a trial occupy but part of a day, if there is no other jury trial on the same day, a full day's jury fee should be charged up. What should be the rule when there is more than one jury trial on the same day, quæThe State v. Verwayne, 44-621. re: ers to appraise SEC. 3813. Every appraiser or commissioner appointed or commissionselected to appraise the damages caused by taking private prop- property taken erty for public use, shall receive the same compensation as jurors for public use. in courts of record, but when called to appraise property taken on C. '51, 2550. judicial process, they shall receive twenty-five cents per hour. R. 24158. C. '51, 2544. SEC. 3814. Witnesses in any court of record, except in the po- Witnesses. lice courts, shall receive for each day's attendance, one dollar and 12 twenty-five cents; in the police courts, witnesses shall receive for each day's attendance, the same fees and mileage as are allowed before justices of the peace; Before a justice of the peace, fifty cents for each day; Mileage for actual travel per mile each way, five cents. An attorney, juror, or officer, who is in habitual attendance on the court for the term at which he is examined as a witness, shall be entitled to but one day's attendance. Witnesses called to testify only to an opinion founded on spe- Experts. cial study or experience in any branch of science, or to make scientific or professional examinations and state the result thereof, shall receive additional compensation, to be fixed by the court, with reference to the value of the time employed and the degree of learning or skill required; provided, that such additional compensation so fixed shall not exceed four dollars per day while so employed. For attending before the grand or trial jury, or court, in criminal cases, where the defendant is adjudged not guilty, the fees above provided for attending the district or justice's court shall be paid by the county, upon a certificate of the clerk or justice showing the amount of the services to which they are entitled. [As amended by 16th G. A., ch. 62, which inserted the provisions in the first paragraph as to police courts, and also the proviso in the paragraph as to experts.] A witness subpoenaed to attend court upon the same day in several different cases, is only entitled to fees and mileage for each day's attendance on the court, and cannot claim full fees in each case: Hardin v. Polk Co., 39-661. A witness is entitled to fees from, the county for attendance in a crimi nal case on a preliminary examination To entitle a party to fees as an ex- Criminal cases. Justices of the money received for witness peace to pay fees into coun- SEC. 3815. Any witness fees which may be received by justices of the peace for witnesses appearing before them, which shall not have been called for within one year after the date of collection, shall be paid into the county treasury for the use of the county, accompanied with a statement of the amount due each witness, but the witness entitled to such fees shall receive the same from the county treasury, upon a certificate from the justice of the peace before whom he may have appeared as such witness, or his successor in office, that he is entitled to such fees and the amount of the same; and any person or officer paying any sum of money into the county treasury under the provisions of this section, shall take duplicate receipts from the treasurer therefor, one of which he shall file with the county auditor who shall charge the amount thereof to the treasurer as so much county revenue. [The printed code has the word "stating "between "office" and in the ninth line, which is not in the original.] "that" SEC. 3816. Any failure to pay over to the county treasurer Penalty for fail witness fees as contemplated by this title, is a misdemeanor, and shall be prosecuted as provided by law. ure. When witness fees are paid by a party or county. 9 G. A. ch. 165. Fees in crimi- cal cases. Where no other fees are fixed. R. 4132. C. '51, 22523. For commit SEC. 3817. When the county or any party has paid the fees of any witness, and the same is afterward collected from the adverse party, the person or county so paying the same shall, upon the production of the receipt of such witness or other satisfactory evidence, be entitled to such fee, whether it be in the hands of the justice or clerk, or has been paid into the county treasury. SEC. 3818. In no criminal case shall witnesses for the defense be subpoenaed at the expense of the county, except upon order of the court or judge before whom the case is pending, then only upon a satisfactory showing that the witnesses are material and necessary for the defense; and the board of supervisors shall in no case audit or allow any claims for witness fees for the defendant in criminal cases except upon order or judgment of court or judge thereof, and such order may be made at the time of trial or other disposition of the case, and upon such showing as the court may require. [By 18th G. A., ch. 207, the foregoing was substituted for the original section, which was as follows: In all criminal cases the fees of witnesses for the defense shall be paid by the county."] SEC. 3819. Any officer legally called on to perform any of the following services, in cases where no fees have been fixed therefor, shall be entitled to receive:. For drawing and certifying an affidavit, or giving a certificate not attached to any other writing, twenty-five cents; For affixing his official seal to any paper, whether the certificate be under seal or not, thirty-five cents; For making out a transcript of any public papers or records under his control, for the use of a private person or corporation, or recording articles of incorporation, for every one hundred words, ten cents. SEC. 3820. Every officer or person who shall arrest any person ting persons to with a warrant or order issued by any court or officer, or who shall jail: carriage be required to convey a prisoner from a place distant from the 13 G. A. ch. 175. county jail to such jail on an order of commitment, shall be hire. 14 G. A. ch. 97. allowed to charge as fees, which shall be collectible the same as other fees in criminal cases, besides the fees allowed by law, whatever sums such officer or person shall actually and necessarily pay for carriage hire in so conveying such person to jail. SEC. 3821. Any person taking up any estray horse, mule, jack For taking up or jenny, fifty cents; For every head of neat cattle, twenty-five cents; For all other kinds of animals, fifteen cents. For appointing the appraisers, making the necessary entry, certificate, and return, the justice shall receive fifty cents. estrays. animals. SEC. 3822. In all cases where services shall be performed by Trespassing officer or other person in respect to estrays or trespassing R1520. any animals, the following fees or compensation shall be allowed: To 14 G. A. ch. 20, the justice of the peace for administering the oath to the taker- 24. up or finder, making an entry thereof, with the report of the appraisers, and making and transmitting a certificate thereof to the clerk of the district court, fifty cents; to the clerk for taking proof of the ownership of the property and granting certificate of the same, twenty-five cents; for registering each certificate transmitted to him by the justice as aforesaid, ten cents; for advertisements, including the newspaper publication, fifty cents; to the sheriff on account of sales made by him in pursuance of chapter three, of title eleven, four per cent. on the amount; to the constable, for each warrant served on appraisers, twenty-five cents; to each appraiser, twenty-five cents; all which said costs and charges, with the exception of the justice's for granting a certificate of ownership, and the sheriff's commission, shall be paid by the taker-up to the person entitled thereto, whenever the service shall be performed; the printer of the county paper for publishing the notice shail receive the price of his published or ordinary advertising rates; in all cases where it shall be necessary to make publication in a newspaper, the taker-up or finder, as the case may be, shall be required to deposit with the clerk of the district court, a sum of money sufficient to pay the same, previous to the publication thereof; all which costs and charges shall be reimbursed to the taker-up or finder in all cases where restitution of the property shall be made to the owner, or the same shall be delivered to the sheriff to be sold, or where money or bank notes shall be paid into the county treasury, in addition to the reward to which such person may be entitled for such taking up or finding as aforesaid. estray notices. SEC. 3823. The public printer shall receive for each estray Public printer notice published, a sum agreed upon by the secretary of state, for publishing not, however, exceeding thirty cents for each insertion; and 9G. A. ch. 102, when the appraised value of the estray exceeds fifteen dollars, 29, 10, 14. the finder shall pay the justice a sum sufficient to pay the clerk's fee, postage, and the cost of publishing such notice. If more than one animal is taken up at the same time, they shall be included in one entry and advertisement, and no additional fees shall be required or allowed in such case, and said clerk shall subscribe for one copy of such paper, to be paid for out of the county treasury, which paper shall be filed and preserved in the office of said clerk. For laying out SEC. 3824. The following fees shall be paid persons engaged public highin laying out and changing highways: ways. R. / / 872, 877. |
