Fees of Clerk of Fees shall be paid out of County Treasury in certain cases. District Clerk shall keep a record of fees of taken by him, one dollar; and each juror sworn in a justice's court, to be paid by the party to the suit demanding the same, fifty cents. SEC. 21. The clerk of the Supreme Court shall receive for his services such fees as shall, from time to time, be allowed him by said court, until otherwise provided for by law. SEC. 22. That the fees accruing to the district clerk and sheriff, for services rendered by them, or either of them, in any criminal action wherein the State fails to convict, or to collect the costs during the next vacation after sentence, shall be paid out of the county treasury; but no fees shall be paid by the county during the pendency of the suit. SEC. 23. It shall be the duty of the clerk of the district court witnesses and ju- to keep a record, in all cases, of the fees of the witness [es] and jurors, for their admittance and trial. rors. Duty of Clerks of Courts of Record in regard to fees. SEC. 24. Within ten days after the adjournment of a court of record, the clerk thereof shall return to the county clerk a list of all fees kept by him for witnesses and jurors, in criminal cases, the amount due each, and the name of the person to whom due; he shall, also, within the same time, return to the county treasamount of money urer a list of the amounts of money received by him as juror fees, and, at the same time, pay over such money to the county treas Shall return to County Treasurer a list of the received as jurors fees. Amounts of fees shall be allowed ively to whom they belong. Clerks shall require security for costs of non-residents. urer. SEC. 25. When any costs or any fee bill for services shall be parties respect allowed by a judge of the district court, or by any other officer or officers by this act authorized to allow the same, the amount so allowed shall be paid to the persons respectively entitled thereto. SEC. 26. The clerks of the several district courts in this State, in all civil cases, shall require security for costs of non-residents of the county before they shall be required to perform any serOffers shall not vice for which fees are allowed, but no officer shall be allowed to demand any fees until they are due, except as hereinafter provided. demand fees due. Officers shall post a list of their fees. 1 tems of fees must be returned en process. Fees paid shall be droved by affidavit. SEC. 27. Each officer herein named shall cause a list of his fees to be posted in his office, under penalty of three dollars for each day he shall neglect. SEC. 28. 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. SEC. 29. All fees and sums paid by either party for the fees of witnesses and other necessary expenses, in any civil action or proceeding, shall be proved by the affidavit of the party, or of some person knowing the same to have been paid; and all such fees and sums shall be taxed and collected from the party ordered or adjudged to pay the costs. fees shall receive a certified bill. SEC. 30. Any persons liable for any costs or fees, shall be Parties liable for entitled to receive, on demand, a certified bill of the same in which the items of service and the charges therefor shall be specifically stated. of Peace. SEC. 31. It shall be the duty of every justice of the peace to Duty of Justices tax the costs upon every criminal examination or trial before him, in which the county is liable, and certify the same to the board of county commissioners. The successful verdict is render party shall pay a jury fee before ed. cases. SEO. 32. Before the verdict shall be rendered in any case in which a jury trial is had, the successful party shall pay into court, for the use of the county, a jury fee, which shall be taxed and collected as other costs in the suit, and shall be determined as follows: if the sum or value of the thing in controversy does not Fees in certain exceed five hundred dollars, the fee for the use of the county shall be five dollars; if the sum or value of the thing in controversy exceeds five hundred dollars and does not exceed one thousand dollars, the fee shall be ten dollars; if the sum or value of the thing in controversy exceeds one thousand dollars and shall not exceed two thousand dollars, the fee shall be fifteen dollars; and, in all cases in which the value of the property or thing in controversy shall exceed two thousand dollars, the fee for the use of the county shall be twenty dollars. own take a Sheriffs shall pay taking out their sums collected, own fees, to court which is sued the execu tion. SEC. 33. It shall be the duty of the sheriff or other officer collecting costs on execution in this State, after retaining his fees, to pay the residue of such costs, so collected, to the court from which the execution issued, or the clerk thereof, and receipt therefor. SEC. 34. It shall be the duty of the court or clerk receiving Duty of Court or any costs, (as provided for in the twenty-sixth section of this act,) to hold the same subject to the order of the person entitled thereto, and to pay the same over on request; and, if such fees shall not be called for within one year after having been received, the officer shall pay such fees into the county treasury and take a receipt therefor. Clerk as to oosts received. reserved for constructive service. stitute a folio. SEC. 35. That no officer shall receive any fees for constructive No fees shall be services, in any case. SEC. 36. A folio shall consist of one hundred words, and two What shall configureshall be counted as one word. SEC. 37. All laws and parts of laws fixing the compensation All laws axing and fees of county officers, justices of the peace and constables, repealed. compensation are When in force. in force on the first day of April last, be and the same are hereby repealed. SEC. 38. This act shall be in force from and after its publication. Approved June 4, 1861. I hereby certify that the above is a true copy of the original, as filed in my office. JOHN W. ROBINSON, Commissioners. Meet at Leavenworth, when. Vacancy. Locate Penitentiary where. CHAPTER LX. AN ACT to provide for the appointment of Commissioners to locate a State Penitentiary, and to define their duties and fix their compensation. Be it enacted by the Legislature of the State of Kansas: SECTION 1. That M. S. Adams, of Leavenworth county, C. S. Lambdin, of Butler county and Charles Starns, of Leavenworth county, State of Kansas, be and they are hereby appointed commissioners to fix and determine the location of the State Penitentiary for the State of Kansas. SEC. 2. That said commissioners shall meet at the city of Leavenworth, within sixty days after the approval of this act, and take the oath of office to faithfully discharge their duties as such commissioners. SEC. 3. That any vacancy occurring through the failure or refusal to qualify of either of said commissioners, in the manner herein prescribed, or from any other cause, shall be filled by appointment of the Governor. SEC. 4. That said commissioners shall immediately proceed to locate the State Penitentiary at some eligible point within the county of Leavenworth, and for that purpose they shall select a tract of land of not less than forty nor more than one hundred and sixty acres of land, affording, if practicable, building stone, water and other facilities for the erection of a State prison, and secure the title of the same in fee simple to the State, either by purchase, donation or otherwise, so that the land may be secured at the smallest possible expenditure to the State; but in no event shall said commissioners pay for said land a sum exceeding fifteen dollars per acre. temporary Penitentiary. SEC. 5. It shall be the duty of said commissioners to make Leavenworth jail the county jail of Leavenworth county the temporary penitentiary for this State; Provided, That said commissioners can effect arrangements to this end with the proper authorities of said county, which may be to the interest of the State. Commissioners. SEC. 6. Said commissioners shall receive three dollars per Compensation of day as compensation for their services, during the time actually employed, together with their necessary traveling expenses, and, upon their furnishing the proper vouchers, their accounts shall be audited and allowed by the Auditor of State, and he shall, thereupon, issue a warrant upon the State Treasurer for the amount so allowed, which shall be paid out of any money in the treasury not otherwise appropriated. SEC. 7. This act shall take effect and be in force from and Take effect when. after its publication. Approved May 28, 1861. CHAPTER LXI. AN ACT to provide for the State Printing. Be it enacted by the Legislature of the State of Kansas: proposals how SECTION 1. That the Secretary of State, Auditor and Treasu- Notice of first rer shall, immediately on the publication of this act, give notice, given. by three consecutive publications in the "Daily State Record," a newspaper printed in the city of Topeka, that scaled proposals, indorsed "proposals for State Printing," will be received at the office of the Secretary of State until the seventh day after the first publication of said notice, for the executing of the printing of all bills for the Legislature, together with such resolutions and other matters as may be ordered by the two Houses, or either of them, to be printed in bill form, until the fourth Tuesday in December, 1861; that the Secretary of State, Auditor and Treasurer shall, immediately upon the publication of this act, give Notice of subsenotice, in one newspaper printed in the city of Topeka, that sealed proposals, to be indorsed "proposals for State Printing," quent proposals, Same. Forms of proposals. will be received at the office of the Secretary of State until the twentieth day after the first publication of said notice, for the executing of the several branches of the State printing, in separate contracts, as specified, excepting that portion of said printing hereinbefore provided for, until the fourth Tuesday in December, 1861; that the Secretary of State, Auditor and Treasurer shall, during the first week in November, 1861, and yearly thereafter, give notice in four different newspapers published in different sections of the State, that sealed proposals, indorsed "proposals for State Printing," will be received at the office of the Secretary of State until the thirtieth day after the first publication of said notice, for the executing of the several branches of the State printing, in separate contracts, as hereinafter specified, for the term of one year from the fourth Tuesday in December next thereafter. SEC. 2. The proposals hereinbefore provided for, shall distinctly and specifically state the price per thousand ems for the composition of all bills, resolutions and other matter that may be ordered to be printed in bill form; all pamphlets or reports ordered to be printed in pamphlet form; the journals of the Senate and House of Representatives; the general laws; the local laws, and for legislative documents; the price per token for press work of all bills, resolutions or other matter ordered to be printed in bill form; all pamphlets, reports or communications to be printed in pamphlet form; the journals of the Senate and House of Representatives; the general and local laws, and the volumes of legislative documents; the price per thousand ems for the composition, and the price per quire for press work, of all blanks and circulars for the executive officers, and the price per quire of the paper, to be furnished by the bidder, for each of the kinds of work provided for, at which the bidder is willing to take the Board to publish contract bid for; and, in such notice as is prescribed in this act, the Secretary, Auditor and Treasurer shall publish an abstract of this law, stating distinctly each item to be bid for, the character of the work and the mode of allowing compensation for the same, and the said Secretary, Auditor and Treasurer, or any two Proposals opened. of them, shall, within two days after the expiration of such notice, proceed to open all such proposals by them received, and they shall, on careful examination and strict computation, give the contract, for each of the hereinafter named branches of State printing, to the lowest responsible bidder therefor, who will comply with all the provisions of this act; Provided, That, if two or more bidders shall propose for the same contract, and the pro abstract of this law. To whom awarded. |