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for fees to extent of funds,

sentative of de

make out and list

4. Fees against a person acting in a trust capacity shall Trustees liable be made out against him in such capacity; and such persons

shall only be liable therefor to the extent of the trust funds in their hands liable to the payment thereof.

5. No fee bill shall be made out, or compensation allowed No fee for ex-of- hereafter, for any ex-officio services rendered or to be renficio services.

dered by any officer.

$ 2. If any officer shall die before making out a fee bill Personal repre: or collecting his fees in any case, his deputy, or, if none, ceased officer to his personal representative, may, within two years after the fee bills.

services were rendered, make out and sign a fee bill therefor, and may list the same, in due time, for collection, with the proper officer; and the same shall be collectable and distrainable as if issued by the deceased officer in his lifetime.

1. Any deputy or personal representative, who shall knowLiability of per- ingly make a wrong charge, or in any respect issue an illegal tive for issuing fee bill, shall be subject to the same liabilities, and the per

son the bill is against shall be entitled to the same remedies against such deputy or personal representative, as are given against an officer if issued in his lifetime.

2. If any person against whom a fee bill is issued under Proceedings this section shall make affidavit that the fee was paid to the in lifetime of of officer in his lifetime, and produce the affidavit to the officer ficer.

having the fee bill for collection, such officer shall forth with
return the fee bill and affidavit to the person who issued it;
and the same shall thereafter be collectable by action only
as other debts.

ARTICLE XIX.
When Fees due and when Distrainable.
S 1. All fees shall be due and payable within two months
are after the services are rendered.

1. The fee for the attendance of a witness may be disfees, trained for immediately after it is due, and shall retain its when distrainable

distrainable power for three years. From the expiration of that period it shall only be collectable as other debts of like quality.

2. The fees of all officers shall be distrainable on and after Fees of officers, the first of January next ensuing the rendition of the serlong distrainable. vices, and whether an officer shall list the same or not, it

shall retain its distrainable force for three years; and from the expiration of that period it shall only be collectable as other debts of like quality.

in

When fees due.

Witness

when and how

§ 2. No distress shall be made for any fee bill until the Fee bill must be same is exhibited to and a demand of payment thereof is distress made. made from the person it is against.

$ 3. Officer's fees may be distrained for immediately after Remedy for offithe services are rendered, when the officer rendering the about to leave thic services shall make an affidavit on the back of such fee fraudulently. bill that the person it is against is about to leave the State with his effects, or that he intends and is about fraudulently to sell or dispose of his effects with the intent of hindering and delaying his creditors from the collection thereof.

act

contains one illc.

charge or illegal

ARTICLE XX.

Illegal Fee Bills and Charges. § 1. Every fee bill containing one illegal charge, or which Fee hill void if it in any respect is not according to what is required by law, gal charge. shall be void for the whole amount thereof.

§ 2. Any officer who shall split up and divide his services Penalty for illega? so as to make two charges, when the law intended but one fee bîl. charge or fee for the whole service, or who shall knowingly make an illegal charge, or issue an illegal fee bill, or collect or attempt to collect his fees twice for the same services, or shall by any indirection collect or attempt to collect more for his services than is allowed by law, shall be considered guilty of extortion, and shall be punished accordingly.

§ 3. Any officer who shall be guilty of any of the offenses For illegal fee bill specified in the last preceding section shall be considered moved from office guilty of a high misdemeanor, and his conviction thereof shall be prima facie evidence of his guilt in any proceeding to remove him from office.

$ 4. An officer who issues a fee bill shall be liable to an When an action action at the suit of any person for a distress made on his ficer for distrain.

ing on illegal fee property, by virtue of such fee bill, if it contains any illegal bili. or improper item, or an item for which the services have not been rendered, or shall omit the name of any of the parties legally chargeable therewith, or if it issues for a fee against any person not legally chargeable with the same, or that has been paid, or if the fee bill shall not strictly comport in every particular with the laws in respect to fee bills.

1. And no officer issuing such fee bill shall, in defense of The fee bill no such action, justify under such fee bill.

The jury shall 2. In such action, the finding of the jury shall not be less findes damages than three times the amount of the fee bill.

defense.

times the amount of fee bill.

fined in favor of

$ 5. If any person shall pay any fee bill or claim for fees, What person may in which he believes there is an erroneous, improper, or illepaid by him testgal item or items, or charge or charges for services not actuby the under and ally rendered, or that the fee bill does not comport with the in regard thereto. law in every respect, he may hand such fee bill to the circuit

judge who presides in the county where the person who paid the bill resides, either in vacation or in term time; and, thereupon, such judge, after inspecting the fee bill, if there be any item therein not authorized by law, or if the fee bill does not comport with the law in every respect, shall, at the term that he receives the fee bill, or, if in vacation, at the next term of the court holden for that county, proceed to quash such fee bill and order the officer to repay the amount of the fee bill to the person who had paid the same, and for the costs of the proceeding.

1. He shall, moreover, enter up a fine against the officer The officer to be who issued such fee bill, in favor of the person aggrieved, party aggrieved. of not less than one dollar nor more than four dollars for

each illegal item contained therein. The production of the fee bill by the party charged shall be prima facie evidence of its payment.

2. If the court or judge is of the opinion that there is no

improper charge or illegal item in the fee bill, for which it pense, although judge decides the ought to be quashed, he shall restore it to the person plac

ing it in his hands, without costs or expense.

3. A fieri facias may issue in behalf of the person agFi.fe. may issue grieved for all the sums and costs adjudged under this secjudged tv party tion, which shall be indorsed that no surety is to be taken. aggrieved.

4. Before any judgment is entered under the provisions Two days' notice to the oficer res of this section, the defendant in the proceeding must have quired before the julie can act on at least two days' notice thereof by rule or otherwise.

$ 6. If distress be made upon the property of any person Duty of officer

for a fee bill, which has any unjust or improper charge or making distress Core tu furs item therein, or any item that is not made out in every ty demanding the respect agreeably to the requirements of law, such person

may apply to the officer making such distress for an exact copy of the fee bill, whose duty it shall be to make out and deliver the same to such person forthwith.

1. On the receipt of such copy, the person on whom the Judge may exam.

distress is made may lay the same before the circuit judge to do so, incorpse who presides in the county of his residence, and if on the procecdings. inspection thereof the judge shall be of opinion that the

No cost or ex

fec bill correct.

bills.

nish copy to par.

Sanne.

ine the copy,

and

thercon a stay of

Cer

Must return fee bill and copy to

fee bill contains one unjust item, or one item not made out in every respect according to the requirements of law, he shall, by written indorsement thereon, order the officer to stay proceedings under the distress until the matter is determined in court.

2. Upon the receipt of such order, the officer making the Duty of the offidistress shall obey the same, and restore the property dis- ceeding stayed. trained to the owner.

3. The officer shall, moreover, return the fee bill and copy, with the judge's order thereon, to the circuit court clerk's clerk's office office of his county, with the facts of the case indorsed on the fee bill.

4. The officer who issued the fee bill shall be notified as What notice to directed in the preceding section.

5. At the term of the court at which the judge makes the The court must order on the fee bill, or if made in vacation, at the next term at first term. thereof, the court shall proceed to act on and quash the fee bill, and render judgment against the officer issuing the same, for the amounts and in the manner stated in the next preceding section, and for which execution may issue.

$ 7. No officer shall be entitled to any fee in a proceeding No fees in miscefor a misdemeanor, unless the same is recovered and collected recovered from the defendant, in which cases the fees allowed, and to be taxed, shall be the same as for similar services in civil

the officer issuing fee bill.

act in the matter

unless

from defendant.

cases.

CHAPTER 42.

FERRIES.

Jurisdiction of County Courts, and proceedings to establish Ferries.

§ 1. The several county courts shall have jurisdiction to Ferries to be es. establish ferries and grant ferry privileges upon any river or county courts. stream in or adjoining their respective counties, and for regulating, revoking, and controlling the same.

$ 2. An appeal from any order concerning a ferry or ferry Appeals in fetry rates, in favor of any one interested, shall lie to the circuit

An Act in relation to the fees of officers in certain cases. 1. Be it enacted by the General Assembly of the Commonwealth of kentucky. That all officers who are authorized by warrant to arrest for felony shall be entitled to the same fees as sheriffs are now entitled to by law for similar services; and they shall be allowed and paid in the same manner. & 2. This act shall take effect from its passage.

Approved April 11, 1873.

cases,

ed for more than twenty years.

cation for-how given.

court of the county, and thence to the Court of Appeals, both of which shall have jurisdiction of law and fact; but the Court of Appeals of only such facts as may be certified from the circuit court The appeal to be taken at the time of making the order or during the term, and prosecuted to the circuit court within three years from the making of the order, and to the Court of Appeals within one year from

the making of the order in the circuit court. Ferry not grant- $ 3. No ferry right shall be hereafter granted for a longer

period than twenty years.

$ 4. A ferry shall be established at the instance and for To whom privi- the benefit of the owner of the land on which it is located, lege to be granted

or of some one who has obtained from the owner the privilege of using the same for that purpose.

$ 5. No application to establish a ferry shall be heard, Notice of appli- unless notice of the application shall have been posted at the

court-house door of the county on the first day of the term of the court next preceding that at which the application is made.

$ 6. If the applicant owns or has right to use the land When writ of ad proposed as the site of the ferry only on one side of the issue, & by whom, stream, and the landing on the opposite side be not at an ceeding under the established public highway, the court, before granting the

ferry right, shall cause a writ of ad quod damnum to issue, to ascertain the damage the owner of the land on the opposite side will sustain, by establishing the necessary right of way over his land, not more than forty feet wide, for the use of such ferry, he having had reasonable notice of the intended application for such writ. If the court does not approve the assessment when returned, it shall order a new writ to issue; but if it approve the same, it shall, upon payment into court, for the benefit of the owner, the amount assessed, condemn such right of way for the public use as a highway. If the land over which the right of way is sought be in another county, the writ of ad quod damnum shall be directed to the sheriff of that county. Nothing herein shall be construed to authorize the opening, by com

pulsion, of a road over any land which is prohibited by the When court may chapter on roads.

$ 7. If no owner of the land on either side of the stream condemn needful over which a public highway passes will obtain the ferry quod damnum. right, or if, after having obtained the right, he abandons or

writ.

chise to one not owner of the land,

in of writ of ad

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