judged to pay the costs, fifty cents; and fifty cents for each additional day he shall attend the same." "1 1558. Witnesses "Witnesses shall receive the following fees: For attending before any court, or before any judge or commissioner, per day, one dollar; for each mile actually and necessarily traveled in going to and returning from the place of attendance, five cents: Provided, that no mileage shall be allowed where the distance is less than one mile. No witness shall receive 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 receive pay as a witness while serving as such juror." 92 Since witnesses cannot be obliged to attend except by subpoena of their own district court, within their own county, a subpœna to the sheriff from the court of another county is a nullity, and neither the mileage of the witnesses nor the sheriff's charges for serving them can be taxed as costs.93 1559. Guardian "The guardian, or next friend, is liable for the costs of the action brought by him, and, when he is insolvent, the court may require. security for them. Either may be a witness in an action brought by him." 94 The statute authorizing an allowance of costs does not authorize the taxing of fees for guardians ad litem for the prevailing party 1560. Court clerks-Fees 95 "The clerk of the district court, the clerk of the superior court and the clerk of the county court shall charge and collect the following fees for services by them respectively rendered and none others: 91 Rev. Laws 1910, § 3236. 92 Rev. Laws 1910, § 3231. 93 Mylius v. St. Louis, Ft. S. & W. R. Co., 1 P. 619, 31 Kan. 232. 94 Rev. Laws 1910, § 4687. 95 Warner v. Warner, 112 P. 97, 83 Kan. 548; Prest v. Black, 66 P. 1017, 63 Kan, 682. Docket fees in each case, which shall include the entry of the cause upon the appearance docket, indexing, statement of costs and all entries upon the trial docket......$2.00 Filing each paper, each transcript being considered one paper .10 Each entry of order, rule, motion, decree, return or verdict. upon the appearance docket..... .10 Swearing jurors and witnesses to attendance and issuing certificate including seal.... .10 Issuing warrants of arrest.. Issuing attachment writ... Issuing replevin writ..... Issuing execution or order of sale..... Issuing subpoena, including all names on one præcipe.... 25 Issuing summons...... Issuing regular venire for jury.. 1.00 1.00 1.00 1.00 .75 .50 .25 Issuing open venire for jury.. Entering daily attendance of jurors and witnesses, each... Approving bond or undertaking, including certificate and seal .... Administering oath to each person in open court...... .05 Commission to take deposition. Docketing judgment..... Each entry of satisfaction on judgment docket. Making copy of any instrument of record or on file, per folio .... Certifying to any instrument, record or proceeding, including seal...... Writing records of proceedings, per folio.......... Drawing list from jury box and recording the same, for Issuing summons to sheriff to draw jury.... Issuing commitment in any other case, including certified copies Issuing release for prisoner, including certified copies...$.50 Issuing any order, writ or process not otherwise provided for, per folio..... .10 Taking acknowledgment of deed, mortgage or other instrument, including seal... .35 Filing, docketing and indexing mechanic's, laborer's, or materialman's lien..... .50 1% Receiving and paying out money in pursuance to law, or order of court...... For notice to any party of setting of case.. .10 For drawing any bond or other instrument, per folio..... .10 For certificate and seal to any instrument already drawn § 1561. Sheriffs and constables-Fees "The sheriff and constable shall charge and collect the following fees and none other: For each additional person.... For serving and returning any writ, order, process or notice, first person... . . .$.50 .25 For serving warrants for collection of delinquent taxes on personal property, but the county shall not be liable for such fees or mileage.... .25 For making arrest of each person on warrant or as peace offi Making return of each person 'Not found'. .. .05 Taking and approving any undertaking. 1.00 Selling or offering for sale any property. .50 Taking inventory of personal property, each day Sheriff's deed, including acknowledgment... 1.50 1.50 .10 96 Rev. Laws 1910, § 3194. For each mile actually and necessarily traveled in his county. in serving or endeavoring to serve any writ, warrant, order, process, or command, or in pursuing any fugitive from justice Attending any court not of record, per day.. Posting each notice.... Executing any order or command not otherwise provided for Commission for collecting money on sale, first three hundred dollars..... Next two hundred dollars... All in excess of five hundred dollars...... One-half the foregoing amount on collections without sale for advertising property for sale... All necessary expense for care of property when held by virtue of any process, to be allowed by the court issuing .$.10 .50 .50 .10 25 3% 2% 1% 1.00 "When civil process is received from any other county, the officer may demand fees for same before service thereof. * § 1562. County judge-Fees "If not otherwise provided in the schedule of clerk's fees the county judge shall charge the following fees, to be collected and accounted for by the clerk: Issuing, entering return and recording marriage license..$3.00 Issuing letters testamentary, administration or guardian ship Examining annual or final settlement. For approving conveyance of full-blood Indian heirs to interest in inherited lands, same to be accounted for as other fees mentioned in this article... 1.00 1.00 ... 5.00 Collecting fee for solemnizing marriage rites, same to be accounted for as other fees.. ... 3.00 Probate of will..... 1.00 880 Making entry or abstract of claim.... .10 Hearing application on behalf of lunatic or habitual drunk ard ... 1.00 97 Rev. Laws 1910, § 3197. ..$3.00 Hearing on writ of habeas corpus or application for in junction Hearing application for granting or refusing order of sale.. .50" 98 1566. Costs-Statement of. 1567. Fees--Receipt for. 1568. Execution. 1569. Costs-By whom held. 1570. Mileage-Constructive. 1571. Municipal corporations. 1571a. Apportionment of deposits and collections. § 1563. Fees-When due No fees allowed by law to public officers "shall be due or demanded until the services for which such fees are chargeable shall have been performed.""" "No officer serving any process shall be entitled to any fees for the same, unless he return on such process the amount of his fees and the items thereof." 1 1565. Costs-Proof of payment "All fees and sums paid by either party for fees of witnesses and other necessary expenses, in any civil action or proceeding, shall be proved by 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." 2 $ 1566. Costs-Statement of "Any person liable for any costs or fees shall be entitled to receive, on demand, a certified bill of the same, in which the items of service and the charge therefor shall be specially stated." 3 98 Rev. Laws 1910, § 3203. 99 Rev. Laws 1910, § 3249. 1 Rev. Laws 1910, § 3240. 2 Rev. Laws 1910, § 3241. 8 Rev. Laws 1910, § 3242. |