Sidor som bilder
PDF
ePub

Receipts for fees

Jurors in courts of record.

Jurors before Justices.

Witness' fees.

For serving warrant on appraisers in cases of estrays, twenty-five cents.

$43. Every person paying fees or costs to any justice of the peace, police magistrate or constable shall have the right to ask and receive from such officer a receipt in writing therefor, which receipt shall be signed by him, and shall state distinctly in items each charge for services and costs, and no such officer shall be entitled to collect any such fees without first tendering such receipt.

FEES OF JURORS-IN COURTS OF RECORD.

§ 44. There shall be allowed and paid to grand and petit jurors, for their services in attending courts of record, the sum of one dollar and fifty cents per day for every day of necessary attendance at such courts as such jurors, and also five cents per mile each way for necessary travel, to be paid out of the county treasury. Whenever any person shall be summoned as talesman to attend any court as a petit juror, and shall be detained as such longer than one day, such person so summoned shall be allowed mileage from the place of holding courts to the residence of such juror, in the same manner as though such person had been originally selected and summoned. When a jury shall be called in any case in the county court sitting for probate business, and not being on the panel for the term, there shall be allowed to each juror the sum of fifty certs, to be taxed as costs in the case. The clerk of the court shall furnish to each of the jurors aforesaid (and without fee) whenever he shall be discharged from further service by the court, at any term thereof, a certificate of the number of days he may have attended at such term, and upon presentation thereof to the county treasurer, he shall pay to such person the sum above provided for his serving. That jurors in courts of record, in counties of the third class, shall receive only for their services, ten cents per mile, actual travel, going and coming to place of holding court.

INQUEST.

45. The fee of each juror attending an inquest held over a dead body, shall be one dollar per day, payable out of the county treasury.

BEFORE JUSTICES OF THE PEACE.

46. There shall be allowed to each juror in a civil case before a justice of the peace, other than in cases for the condemnation of private property for public use, in counties of the first and second class, fifty cents; in third class,

fifty cents; such fee to be paid in advance by the party calling the jury, and charged as costs in the cause.

In cases for the condemnation of private property for public use, before justices of the peace, the jurors shall receive the sum of one dollar per day each, to be taxed as costs in the cause.

FEES OF WITNESSES.

47. Every witness attending in his own county upon Witnesses' fees trials in the court of record, shall be entitled to receive the sum of one dollar for each day's attendance, and five cents per mile each way for necessary travel.

For attending in a foreign county, going and returning, accounting twenty miles for each day's travel, per day, one dollar.

Every witness, when attending for the purpose of having his deposition taken, one dollar per day: Provided, that no allowance or charge shall be made for the attendance of witnesses aforesaid, unless the witness shall make affidavit. of the number of days he or she actually attended, and that such attendance was at the instance of one or both of the parties or his attorney.

In criminal cases, where a witness shall be required to attend from a foreign county or state, he shall be allowed his necessary railroad fare and fifty cents per day during each day's necessary travel in going to and returning from the court, and one dollar per day for each day s necessary attendance, to be paid out of the county treasury of the county where the crime was committed, on the certificate of the clerk of the court: Provided, he shall make affidavit of the number of days necessarily spent in traveling, and of the amount of necessary railroad fare, and that such attendance was at the instance of the state's attorney or the accused, to which shall be added the certificate of the judge of the court, that the amount is reasonable and that such witness was a necessary witness in the cause.

BEFORE JUSTICES OF THE PEACE.

48. Each witness before a justice of the peace, shall receive the sum of fifty cents per day, if claimed at the trial, to be taxed as costs in the cause; but if more than two witnesses shall be sworn in any case to testify to the same facts on the same side, the party requiring such extra witness. shall be at the whole expense of procuring the same.

IN PROBATE MATTERS.

§ 49. Each witness before the county court sitting for probate business, shall receive one dollar for each day, if claimed at the trial, to be taxed as costs in the cause.

Witnesses before justices of the peace.

In probate matters.

BEFORE ARBITRATORS.

Witnesses be- 50. Each witness before arbitrators or referees shall fore arbitrators. receive, when the award is to be made the judgment of a court of record, one dollar per day, and when the award is

Officers to keep

to be made the judgment of a justice of the peace, fifty cents per day, to be taxed as costs in the cause.

8 51. Every county officer herein before mentioned, who account of fees. shall be paid, in whole or in part, by fees, shall, in a book to be kept for that purpose, commencing on the first day of July, in the year of our Lord eighteen hundred and seventytwo, keep a full, true and minute account of all the fees and emoluments of his office, designating in corresponding columns the amount of all fees and emoluments earned and all payments received on account thereof, and showing the name of each person, or persons, paying fees, and the amount received from each person, and shall also keep an account of all expenditures made by him on account of clerk hire, stationery, fuel and other expenses-for keeping which book no fee shall be allowed such officer. Every such officer who shall be paid in whole or in part by fees, shall, on the first day of December, in the year of our Lord eighteen hundred and seventy-two, and on the first day of each June and December following, make to the chairman of the county board of supervisors in counties under township organization, and to the county judge in other counties, until the county board shall be elected therein, and thereafter to said county board in such counties, a return in writing of all the fees and emoluments of his office, of every name and character, which said report shall show the name of each person paying fees, and the amount paid by each person, and all necessary expenses for clerk hire, stationery, fuel and other expenses for the half year ending at the time of such report, or the portion thereof during which he shall have been entitled to receive th fees herein provided for, together with the amount of his salary to the time of making such report. Such report shall designate the service for which the fee or emolument shall have been charged or received, in such manner that the same may be identified and compared with the account thereof upon the books of such officer, and shall show in corresponding columns the amount earned and the amount received. When the charge or receipt shall be for services in any cause in court, it shall be sufficient to give the title and number of the case and the gross charge and receipt in such case. Said county board or county judge, as the case may be, shall carefully audit and examine every such report, and ascertain the exact balance of such fees held by such officer after such expenses, as said board may approve and allow, and such salary shall have been deducted from the gross amount shown by such

report to have been paid into or collected by such officer, and shall order that such officer shall pay over such balance to the county treasurer, whose receipt therefor shall be evi dence of the settlement by such officer of such report. Every such report shall be signed and verified by the affidavit of the officer making the same, which affidavit shall be substantially of the following form:

STATE OF ILLINOIS, SS.
County.

I, ..... do solemnly swear that the foregoing account is, in all respects, just and true, according to my best knowledge and belief; and that I have neither received, directly or indirectly, nor directly or indirectly agreed to receive or be paid, for my own or another's benefit, any other money, articles or consideration than therein stated; nor am I entitled to any fee or emolument for the period therein mentioned, other than those therein specified. Signed and sworn to before me, this .... day of ........, 18..

The officer making such return shall, in no case, include in his report any charge previously reported, but shall make a separate report of all fees and emoluments which shall have been previously returned, "not received," and which shall have been paid during the half year previous to making any report, designating them as in other cases, and indicating in what half year the same were earned. Any such officer failing or refusing to make such return, or to pay any such balance, as aforesaid, to the county treasurer, shall forfeit and pay the sum of one hundred dollars, to be recovered by a common informer in any court of competent jurisdiction, one-half to be paid to such informer and the balance into the county treasury. It is hereby made the duty of the chairman of the county board of supervisors, or county judge, as the case may be, to whom a return is made as aforesaid, to immediately transmit the aggregate amount of each return to the secretary of state, to be filed in his office for the use of the general assembly: Provided, the provisions of this section shall not apply to county officers in office at the time of the first meeting of the twenty-seventh general assembly.

$52. The board of supervisors, county court and board of county commissioners in their respective counties, shall have full power and authority, at their respective meetings, to inspect and examine the records, fee-books or papers of such county officers as are paid in whole or in part by fees, in which fees are charged or recorded, for the purpose of comparing the accounts rendered by said officers, with their books of entry; and any county officer failing or refusing to deliver said fee-books for inspection, as provided in this section, upon being requested so to do, shall forfeit and pay a like sum, and in like manner, as provided in the preceding section, for failing or refusing to make return. All fees, perquisites and emoluments received by said county officers (above the amount of compensation fixed by the county board, and clerk hire, and other necessary expenses) shall

[ocr errors]

County boards

to inspect and

examine records

be paid into the county treasury; and the county treasurer shall keep a book for the purpose of entering all such fees received by him, in which shall be stated and set forth particularly the amount of such fees received, from whom, and when received, which book shall be subject to the inspection of the county board; and any officer failing to enter any fees in a book, as required by this act, which he shall receive for any services performed, shall be deemed guilty of a malfeasance in office, and upon conviction in any court of competent jurisdiction, shall be fined in any sum not less than twenty dollars, nor more than two hundred dollars, one-half of such sum to go to the complainant, and the balance to be paid into the county treasury.

APPROVED March 29, 1872.

In force Feb. 13, AN ACT to fix the fees of township collectors and county collectors, in

1872.

counties under township organization, for collecting the taxes of the year 1871, and to fix the fees of county treasurers for receiving and disbursing the revenue of 1871.

SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That township Township col- shall be entitled to deduct and retain, as their fees, from all taxes levied for the year eighteen hundred and seventyone (1871), and collected by them, two (2) per cent., which shall be in full payment for such services.

lectors.

County collec

tors.

County trea

surers.

Emergency.

§ 2. Collectors of counties under township organization shall receive, for collecting the taxes levied for the year eighteen hundred and seventy-one (1871), the same fees as are allowed township collectors by the preceding section. They shall also be allowed for making lists of delinquent real estate, to be filed with the county clerk for judgment, three (3) cents for each tract or lot; a like fee for mak ing delinquent lists for the printer; and for selling lands and town lots, ten (10) cents for each tract and three (3) cents for each lot, to be charged and collected as costs.

3. County treasurers shall be allowed for receiving and disbursing taxes raised for county purposes, for the year eighteen hundred and seventy-one (1871), two (2) per cent., and for receiving from township collectors and paying over the taxes payable into the state treasury, for the year eighteen hundred and seventy-one (1871), one (1) per cent. They shall each receive, for going to aud returning from the seat of government for the purpose of paying over the state tax, ten (10) cents for every mile of necessary travel, to be allowed by the auditor in settlement.

§ 4. Whereas an emergency exists as a reason why this law should take effect immediately, namely: that the 'rev

« FöregåendeFortsätt »