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board of canvassers for the county, at all general elections, shall receive the following pay: For each day's service each person shall receive two dollars. The person making the return of the election to the county clerk shall receive the additional sum of five cents for each mile necessarily traveled; Provided, That in cities of the first class judges and clerks of election shall each receive the sum of six dollars for each election held in said city. [Amended 1883, chap. XLIV.]
SEC. 25. Witnesses and jurors before a justice of the peace or probate court shall receive for each day's attendance one dollar, and mileage at the rate of five cents for each mile necessarily traveled. [1867, § 4, 90.]
SEC. 26. [Fees in advance.]-In all cases where writs of attachment against property are issued, the officers to whom such writ is directed for service shall be empowered to demand in advance, and receive before said service, the regular fees for service of papers, and in addition thereto a sum of money sufficient to defray the expenses incurred for work and labor in the taking possession of or removal of the property ordered attached, and for the safe keeping thereof; said sum to be taxed in the costs. [1871, § 1, 116.]
SEC. 27. [Same.]-In all cases of attachment, when the property ordered attached consists of merchandise or miscellaneous goods, and time is absolutely necessary to properly appraise the same as required by law, the residents of the county, summoned to appraise said property, shall be entitled to a just and fair compensation for their time and labor and mileage, when necessary to go any distance exceeding one mile; and the sheriff or other officer is empowered to demand and collect the same as other fees. [Id. § 2.]
SEC. 28. [Jury fee.]-There shall be paid by the party against whom a verdict is rendered, in the district court, a jury fee of five dollars, to be taxed in the bill of costs, and when collected to be paid into the county treasury; and for each trial by the court a fee of one dollar, to be taxed, collected, and paid in a like manner, for the use of the county. [R. S. 170. G. S. 384.]
SEC. 29. [Same.]-In each criminal case tried by a jury, upon a conviction of the defendant or defendants, there shall be taxed in the bill of costs a fee of six dollars as a jury fee, and judgment therefor shall be rendered against such defendant or defenants, which sum, when collected, shall be paid into the county treasury, for
SEC. 30. [Taxing costs.]—In all actions, motions, and proceedings in the supreme, district, or justice's courts, the costs of the parties shall be taxed and entered on the record separately.
SEC. 31. [Advance fees.]—The clerks of the supreme court and of each district court, the register in chancery, probate judge, sheriff, justice of the peace, constable, or register of deeds may in all cases require the party for whom any service is to be rendered to pay the fees in advance of the rendition of such service, or give security for the same, to be approved by the officer.
SEC. 32. [Bill of particulars.]-It shall be lawful for any person to refuse payment of fees to any officer who will not make out a bill of particulars, signed by him, if required, and also a receipt or discharge signed by him for fees paid.
SEC. 33. [Items.]-No sheriff, coroner, or constable shall be entitled to receive on mesne or final process any fees provided for in this chapter, unless he shall return upon the process, upon which any charge shall be made, the particular items of such charge.
SEC. 34. [Penalty.]—If any officer whatever, whose fees are herein before expressed and limited, shall take greater fees than are so hereinbefore limited and ex
SEC. 34. Section is constitutional. 9 Neb. 184. Jave jurisdiction under this section. 19 Neb. 529. N. W. R. 918. Statute will not be extended beyond
SEC. 29. Section is constitutional. 17 Neb. 334.
SEC. 30. Cited 22 Neb. 171, 204.
SEC. 31. Plaintiff and defendant primarily liable. 12 Neb. 244. Does not apply in criminal cases. 27 Neb. 393. SEC. 33. Cited 25 Neb. 65.
Mistake or ignorance no defense. 11 Neb. 160. County Onris Receipt for several items is one transaction. 28 Neb. 251. 47 clear import of language. 28 Neb. 251.
pressed, for any service to be done by him in his office, or if any such officer shall charge or demand, and take any of the fees herein before ascertained and limited, where the business for such fees are chargeable, shall not be actually done and performed, such officer shall forfeit and pay to the party injured fifty dollars, to be recovered as debts of the same amount are recoverable by law.
SEC. 35. [Tables to be posted.]-All officers whose fees are by this chapter determined are hereby required to make fair tables of their respective fees, and keep the same in their respective offices in some conspicuous place, for the inspection of all persons who shall have business in said offices; and if any such officer shall neglect to keep a table of fees in his office as aforesaid, such officer shall, for each day of such neglect so to keep a table of fees of his office, forfeit and pay the sum of five dollars, te be recovered by action at law, before any justice of the peace, for the use of the county in which the offense shall have been committed.
SEC. 36. [Bailiffs.]-It shall be the duty of the district court, at each term of court, to appoint a competent number of bailiffs to wait on the grand jury and court during the term, who shall be allowed for their services two dollars per day, to be paid by the county.
SEC. 37. [Revenue stamps.]-All officers whose fees are herein before limited, and expenses are allowed, may charge and demand as hereinbefore allowed the price of all United States revenue stamps required to be used in the discharge of their official duties, and the same shall be taxed with costs, as in other cases of fees.
SEC. 38. [Oath.]—Every officer whose salary is in the nature of a per diem shall, before drawing any money on account of such salary, subscribe an oath or affirmation in the following form:
I, A. B., do solemnly swear (or affirm), that I have been- -days necessarily and diligently engaged in the duties of my office as (insert title of officer.) (Officer's name.)
Any disbursing officer of this state who shall pay any portion of the salary of any officer aforesaid before such oath or affirmation is subscribed shall forfeit to this state the sum of fifty dollars, which forfeiture may be sued for by any tax payer.
UNCLAIMED WITNESS FEES.
SEC. 39. [Notice.]—That in all cases where witness fees shall be paid to the clerk of the district court, county judge, or justice of the peace, in pursuance of judgment of any of said courts, and shall remain in their or either of their hands uncalled for by the parties entitled thereto for the period of six months after the same have been paid in as aforesaid, it shall be the duty of the said clerk, county judge, and justice of the peace to prepare a list under oath of the causes in which said fees have been paid and remain uncalled for, with the amounts in each cause and the date of judgment, and present and file the same with the county commissioners of the respective counties on the first Tuesday in January, April, July, and October in each year; and it shall be the duty of said county commissioners, within twenty days after the filing of said report, to cause a notice to be published, in some weekly newspaper of general circulations published, in the county, for at least two consecutive issues of said paper, a notice, as follows:
To whom it may concern: Report having been made to the board [of] county commissioners of -county, Nebraska, by the clerk of the district court, county judge, and the several justices of the peace of said county, which report shows that there is now and has been for the last six months remaining in the hands of the said district clerk, county judge, and justices of the peace certain witness fees which have been uncalled for. Now, if such fees shall not be called for within six months from (insert the day upon which the first report was made) the same will be considered as forfeited, and will be paid into the common school fund of said-county. [1877, § 1, 225.]
SECS. 39-41. "An act to dispose of witness fees in certain cases."
Passed and took effect June 1, 1877.
SEC. 40. [Paid into school fund.]—All fees remaining in the hands of such district clerks, county judge, or justice of the peace for the period of six months after the same has been reported by them to the county commissioners shall be paid over to the treasurer of the county, who shall receipt in duplicate for the same, one of which receipts shall be filed with the county clerk, and all such fees shall be credited to the common school fund of the county. [Id. § 2.]
SEC. 41. [Examination of dockets.]-It shall be the duty of the county commissioners to examine the books and dockets of the several officers herein named, and if they find that they have failed to report or pay over any of the money or fees intended to be paid over or reported by any of the provisions of this act, it shall be the duty of said county commissioners to notify such officers to pay over such moneys or fees at once, and if said officer shall fail to pay over such fees or moneys to the county treasurer as hereinbefore provided, it shall be the duty of said county commissioners and they are hereby authorized to commence suit in any court having jurisdiction against the officer (and his bondsmen) offending against the provisions of this act; said action shall be commenced in the name of the president of the board of county commissioners for the use of the common schools of their respective county. [Id. § 3.]
REGULATIONS CONCERNING FEES OF COUNTY OFFICERS.
SEC. 42. [Fees in excess of certain amounts.]-That every county judge, county clerk, county treasurer, and sheriff of each county, whose fees shall in the aggregate exceed the sum of fifteen hundred ($1,500) dollars each for the county judge and county clerk, and two thousand ($2,000) dollars each for sheriffs and county treasurer per annum, shall pay such excess into the treasury of the county in which they hold' their respective offices; Provided, however, That in counties having over 25,000 inhabitants the county treasurer shall receive the sum of three thousand ($3,000) per annum, and shall be furnished by the county commissioners the necessary clerks or assistants whose combined salary shall not exceed the sum of two thousand four hundred ($2,400) dollars per annum. The sheriff shall receive the sum of two thousand five hundred ($2,500) dollars per annum, also the necessary jail guard and one deputy, and the salary of such deputy shall be nine hundred ($900) dollars per annum. The county clerks of such counties shall receive the sum of two thousand five hundred ($2,500) dollars per annum, and he shall have one deputy whose salary shall be one thousand ($1,000) dollars per annum. The county judges of such counties shall receive the fees of such office, not to exceed the sum of two thousand ($2,000) dollars per annum, and shall be provided by the county commissioners with the necessary clerks or assistants, whose combined salaries shall not exceed the sum of one thousand ($1,000) dollars per annum; And provided further, That if the duties of any of the officers above named in any county of this state shall be such as to require one or more assistants or deputies, then such officers may retain an amount necessary to pay for such assistants or deputies not exceeding the sum of seven hundred ($700) dollars per year for each of such deputies or assistants, except in counties having over seventy thousand (70,000) inhabitants, in which case such officer may retain such amount as may be necessary to pay the salaries of such deputies or assistants as the same shall be fixed by the board; but in no instance shall such officers receive more than the fees by them respectively and actually collected, nor shall any money be retained for deputy service unless the same be actually paid to such deputy for his services; And provided further, That neither of the officers above named shall have any deputy or assistants unless the board of county commissioners shall, upon application, have found the same to be necessary, and the board of county commissioners shall in all cases prescribe the number of dep
SEC. 40. Cited 13 Neb. 570.
SECS. 42-6. "An act to regulate the fees of county judges, county clerks, sheriffs. and county treasurers." Took effect Jan. 1, 1878. Act constitutional. 12 Neb. 254. 16 Id. 681. See also 7 Neb. 493. 9 Id, 87. 17 Id. 175. 23 Id. 152. 25 Id. 625. Cited 46 N. W. R. 714.
uties or assistants, the time for which they may be employed, and the compensation they are to receive. [1877. § 1, 215. 1885, chap. 51. Amended 1887, chap. 44.]
SEC. 43. [Report to county board.]—Each of the officers named in section one of this act shall on the first Tuesday of January, April, July, and October of each year make a report to the board of county commissioners under oath showing the different items of fees received, from whom, at what time, and for what service, and the total amount of fees received by such officer since the last report, and also the amount received for the current year. [1877, § 2, 215.]
SEC. 44. [Fee book.]—Each of the officers named in section one of this act shall keep a book, which shall be provided by the county, and which shall be known as the fee book, and shall be a part of the records of such office, and in which shall be entered each and every item of fees collected, showing in separate columns the name of the party from whom received, the time of receiving the same, the amount received, and for what service the same was charged. [Id. § 3.]
SEC. 45. [Penalty.]-Any of the officers named in section one of this act who shall omit to comply with the provisions of this act, or shall fail or neglect to keep a correct account of the fees by him received, or shall fail and neglect to make a report to the board of county commissioners as herein provided, or shall willfully or intentionally omit to charge the fees provided by law, with intent to evade the provisions of this act, shall be deemed guilty of a misdemeanor, and upon conviction shall for each offense be fined in any sum not less than twenty-five dollars, nor more than one hundred dollars; and any officer named in this act who shall make a false report under oath shall be guilty of perjury, and punished accordingly. [Id. § 4.]
SEC. 46. [Fees belong to general fund.]—All fees paid into the treasury of any county under the provision of this act be applied to the general fund of such county and shall be distributed as provided by law. [Id. § 5.]
SEC. 46 a. [Clerks in office of county judge.]-That in all counties in the state of Nebraska having over twenty-five thousand (25,000) inhabitants the judge of the county court shall be supplied with the help necessary for the use of said office, said clerks or help to be paid in manner hereafter provided. [1887, chap. 45.]
SEC. 46 b. [Pay.]-The salaries of said clerks or assistants shall be fixed, allowed, and paid monthly, by the county commissioners or supervisors, out of the general fund of said county. [Id. § 2.]
SEC. 46 c. [Acts repealed.]-That all acts and parts of acts inconsistent with the provisions of this act be and the same are hereby repealed. [Id. § 3.]
SEC. 47. [Numerical index.]-County clerks for compiling the transfers from the records of their office shall receive for each transfer the sum of fifteen cents, or such other sum-not exceeding fifteen cents--as the county commissioners and the county clerk may agree upon, to be paid by the county. [1881, § 1, chap. 41.]
SEC. 48. [Entries on numerical index.]-For entering each instrument presented for record in the numerical index after the completion of said index the clerk shall receive the sum of fifteen cents, to be paid in advance by the person offering the instrument for record. [Id. § 2.]
45 N. W. R. 784.
SEC. 43. Report compelled by mandamus after expiration of officer's term. 29 Neb.-. SEC. 46 a-c. An act entitled "An act to provide clerks or assistants for the county judge in counties having over twenty-five thousand inhabitants, and provide for payment of thr same." Laws 1887, chap. 45. Took effect March 31, 1887.
SECS. 47, 48. "An ect to provide for the compensation of county clerks for compiling numerical index from the records in their offices in counties in which there had been no numerical index kept prior to Sept. 1, 1879." Passed and took effect March 2, 1881.
SECTION. 1. [License.]-No person shall be permitted to keep a ferry across any stream running through or bounding on any county in this state without having first obtained a license from the board of county commissioners of the proper county for that purpose, as hereinafter provided. [R. S. 173. G. S. 386.]
SEC. 2. [Notice of application.]—The person applying for such license shall produce satisfactory evidence to the board of county commissioners, by affidavit of the applicant or otherwise, of his having given notice by advertisement, set up in at least three public places in the precinct or neighborhood where the ferry is proposed to be kept, twenty days prior to the sitting of the board of commissioners, of his intention to apply to such board, at their next regular term, for license to keep such ferry.
SEC. 3. [County board may grant license.]-The board of county commissioners being satisfied that the notice hereby required has been given, that a ferry is needed at said place, and that the applicant is a suitable person to keep the same, are hereby authorized to grant to the applicant a license to keep the same for a term not less than one year nor more than ten years, on the applicant paying into the county treasury of the proper county a sum to be fixed by the board of county commissioners, not less than two dollars nor more than five hundred dollars annually; and on the applicant producing the county treasurer's receipt for the sum so fixed he or she shall receive from the clerk of the said board of county commissioners a license under the seal of said clerk, for which he or she shall pay the clerk the sum of fifty cents.
SEC. 4. [Exclusive rights.]-The person owning or possessing land on both sides of any stream where a ferry is proposed to be established shall have exclusive right to a license for a ferry at such place, and when the opposite banks are owned by different persons the right to a ferry shall be mutual; but if the owner does not apply to the board of commissioners, the board shall grant a license to any person applying for the same, except where either of the landings are not on a public highway, in which case the consent of the owner of the ground shall first be had in writing; Provided, That nothing herein contained shall be so construed as to prevent any person from ferrying persons across a small stream in high water; and the board of county commissioners are hereby authorized to direct the county clerk to give any person a permit for that purpose, when in their opinion the stream is too small to justify the expense of a license; Provided, also, When any person shall apply for a renewal of his license, at the same place where he kept a ferry the preceding year, the same may be granted or renewed without notice or petition.
SEC. 5. [Renewal of license.]-When a license shall expire in vacation, and the person who obtained the same shall procure a renewal, the latter license shall include the time from the expiration of the former, as well as the time to which it shall extend in future, and the applicant shall pay a rateable proportion for the whole time therein mentioned, and shall thereupon be exonerated from any penalty to which he would be otherwise liable; Provided, however, That in all applications for license the board of commissioners may grant or refuse the same at their discretion.
SEC. 6. [Boats-Penalties.]-Every person obtaining a license to keep a ferry shall provide and keep in good repair a good and sufficient boat for the safe conveyance of persons and property, and when the river or creek over which the ferry is kept is passable, shall, with a sufficient number of hands to work and manage the boat, give due attendance from daylight in the morning until dark in the evening; and shall, moreover, at any hour in the night or day that the creek or river can be passed, when called upon for that purpose, convey the United States mail or other public express
CHAP. 29. Chap. 20, R. S. 173. G. S. 386.