Lapas attēli
PDF
ePub

lar. Each subsequent insertion, for each square of ten lines, fifty cents. Each legal advertisement under ten lines shall be deemed a square, and each fractional part of a square shall be counted as a full square. For publishing list of lands upon which taxes are delinquent, each description twenty cents. For publishing list of town lots on which taxes are delinquent, each description ten cents; Provided, That the county commissioners of Otoe county have control of printing the delinquent tax list in said county. [Amended 1869, 159.]

SEC. 18. [Interpreters.]-Interpreters or translators may be allowed such compensation for their services as the court shall certify to be reasonable and just, to be taxed and collected as other costs, but the same shall not exceed two dollars per day.

SEC. 19. [Notaries public.]-For each protest, ($1.00) one dollar; for recording the same, (50c.) fifty cents; for each notice of protest, (25c.) twenty-five cents; for taking affidavit and seal, (25c.) twenty-five cents; for adminstering oath or affirmation, (10c.) ten cents; for taking deposition, each ten words, (2c.) two cents; for each certificate and seal, (25c.) twenty-five cents; for taking acknowledgment of deed or other instrument, (50c.) fifty cents; for each mile traveled in serving notice, (5c.) five cents. [Amended 1875, 84.]

SEC. 20. [County treasurer.]-Each county treasurer shall receive for his services the following fees: On all moneys collected by him for each fiscal year, under three thousand dollars, ten per cent. For all sums over three thousand dollars and under five thousand dollars, four per cent. On all sums over five thousand dollars, two per cent. On all sums collected, per centage shall be allowed but once; and in computing the amount collected, for the purpose of charging percentage, all sums, from whatever fund derived, shall be included together, except the school fund. For going to the seat of government to settle with the state treasurer, and returning therefrom, a traveling fee of ten cents per mile, to be paid out of the state treasury. For advertising and selling lands for delinquent tax, an additional fee of five per cent., to be collected only in case such lands are actually sold, and then in cash of the person buying the same; but for all other cases and services, the treasurer shall be paid in the same pro rata from the respective funds collected by him, whether the same be in money, state, or county warrants. On school moneys by him collected, he shall receive a commission of but one per cent. And in all cases where persons outside of the state apply to the treasurer by letter to pay taxes, the treasurer is authorized to charge a fee of one dollar for each tax receipt by him sent to such person.

SEC. 21. [Assessor.]-Each assessor shall receive for his services the following fees, and no more: for each and every day actually engaged, the sum of three dollars.

SEC. 22. [County commissioners.]-County commissioners shall each be allowed for the time they shall be necessarily employed in the duties of that office the sum of three (3) dollars per day, and five (5) cents per mile, to be paid out of the general county fund; Provided, however, That in counties having over seventy thousand (70,000) inhabitants, county commissioners shall each be allowed a salary of eighteen hundred (1,800) dollars per annum as compensation for their services. [Amended 1887, chap. 43.]

SEC. 23. [Witnesses.]-Witnesses before the district court and grand jury shall receive two dollars for each day actually employed in attendance on the court or grand jury, and if the said witness shall reside more than one mile from the court house, or place where the court is held, five cents for each mile necessarily traveled. [Amended 1867 § 3, 90.]

SEC. 24. [Officers of election.]-The judges and clerks of election, also the board of canvassers for the county, at all general elections, shall receive the following pay: For each days 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. 20. The fee of five per cent allowed by the 6th clause of this section, cannot be collected by action from the purchaser when treasurer fails to collect the amount bid at the tax sale. 5 Neb. 272.

SEC. 25. Witnesses and jurors before a justice of the peace or probate court shall receive for each days 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 sufficent 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 defendants, which sum, when collected, shall be paid into the county. treasury, for the use of the county.

SEC. 80. [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 hereinbefore expressed and limited, shall take greater fees than are so hereinbefore limited and expressed, 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,

SEC. 29. Section is constitutional. 17 Neb. 334.

SEC. 31. Plaintiff and defendant primarily liable. 12 Neb. 244.

SEC. 34. Section is constitutional. 9 Neb. 184. Mistake or ignorance no defense. 11 Neb. 160. County courts have jurisdiction under this section. 19 Neb. 529.

forfeit and pay the sum of five dollars, to 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 herein before 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.)

Attest by

(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 circulation 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.] [See 13 Neb., 570.]

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. §2.1

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 herein before 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 deputies or assistants, the time for which they may be employed, and the compensation they are to receive. [1887 § 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

SEC. 42-6. Act constitutional. 12 Neb., 254. 16 Id. 681. See also 7 Neb., 493. 9 Id., 87. 17 Id. 175.

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 twentyfive 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, shall 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. § 3.1

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.]

CHAPTER 29.-FERRIES.

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.]

SECS. 46 a-c. An act entitled "An act to provide clerks or assistants for the county judge in counties hav ing over twenty-five thousand inhabitants, and provide for payment of the same." Laws 1887, chap. 45. Took effect Mar. 31, 1887,

« iepriekšējāTurpināt »