Juror's fees.

Witness' fees.

Fees of notary public and

one hundred words, 15 cents; each writ of attachment against property, 75 cents; making returns of fines to court, for each mile necessarily traveled, to be paid by the county, 10 cents; transmitting papers in cases of appeal, 35 cents; writing an affidavit, 15 cents.

JUROR'S FEES.

Every juror shall receive, in the District Court, to be paid per day, $2.00; every juror shall receive in the Probate Court, to be paid out of the county treasury, per day, $2.00; every grand juror in the District Court shall be paid for his services, per day, $2.00; every grand juror in the Probate Court shall be paid, out of the county treasury, for his services, per day, $2.00; every such grand or petit juror, for each mile traveled in going to and returning from the District Court, shall receive, to be paid out of the Territorial treasury, 10 cents; every such grand or petit juror, for each mile traveled in going to and returning from the Probate Court, shall receive, to be paid out of the county treasury, 10 cents; every juror, for attending a trial, per day, before a justice of the peace, to be taxed against the party failing in the suit, $1.00; for every mile actually traveled by a juror in going to or returning from the Justice's Court, 10 cents.

WITNESS' FEES IN THE DISTRICT OR PROBATE COURT.

To every witness attending in his own county, per day, $1.25; to every witness attending from another county, each day, $1.75; to each witness, subpoenaed in the county and detained from another county, each day, $1.75; for every mile necessarily traveled in going to and returning from court, from his place of residence, each witness shall receive 6 cents.

WITNESS' FEES BEFORE A JUSTICE.

Attending, per day, one dollar. Witnesses shall claim their fees on day of trial, before judgment docket is signed by the justice.

FEES OF NOTARY PUBLIC AND COMMISSIONER.

For each certificate and seal, 75 cents; taking depositions or commissioners. other writings, for each one hundred words, 15 cents; administering an oath, 10 cents; for each protest, 75 cents; each notice thereof, 35 cents; when required, for each one hundred words in recording or copying such protest, 15 cents; taking acknowledgment of deeds, mortgages, powers of attorney, or other writ

ten instruments, 50 cents; travelling, per mile, when required, 10 cents; affidavit on certificate, and seal, 50 cents; noting bill of exchange or note, 25 cents; marine and fire insurance protest, $1.00; for all other services, the same fees as are allowed justices of the peace for similar services.

TOWNSHIP TRUSTEE'S, CLERK'S AND TREASURER'S FEES.

treasurer's fees.

For each day's service, shall be allowed, to be paid out of the Clerk's and township fund, $1.50.

SEO. 3. That in all cases thereafter, when juries are empanneled by the coroner, for the purpose of holding an inquest, such juror shall be entitled to one dollar and fifty cents for each day he shall serve as such, to be certified by the coroner.

Coroner's jury

how paid.

courts shall

keep posted up

SEC. 4. That all fees of inquest shall be paid out of the Inquest fees, property of the deceased person, if there be so much belonging to such decedant; if not, then out of the county treasury. SEC. 5. That the clerks of the District and Probate Courts Clerks of the shall post up, in some conspicuous place in their office, and there keep a table of their fees, and on failure so to do, shall have no right to demand or receive any fees for services rendered by them as such clerks, during the time such notices are not posted up.

a table of their fees.

nal prosecu

SEO. 6. That in all criminal prosecutions, whenever the per- Fees in crimison accused shall be acquitted, no costs or fees shall be charged tons. against said person, nor against the Territory or county, for any services rendered on such prosecution, by any clerk, sheriff, coroner, justice of the peace, constable or witnesses; but in all cases of conviction, such fees and costs shall be taxed and collected, as in other cases, from the person convicted.

es may claim

dorse their fees

SEC. 7. That witnesses shall claim their fees at each term, as When witnessthey attend, and not afterwards, and the clerks shall note such their fees. fees at the time they are claimed; and the sheriffs and coroners are hereby required, upon all processes served by them [to en- Sheriffs to endorse] their fees at full length; and all clerks shall, in a book on processes. kept for that purpose, enter all the fees as the services are rendered; and the clerks of the District or of any Probate Court Clerks to issue shall have power to issue fee bills from the book aforesaid, and fee bills. the papers on file in his office, for services rendered by any person in said court, before the expiration of his official term.

bills.

SEC. 8. That each District or Probate Court, or judge thereof Contested fee in vacation, or a justice of the peace, as the case may be, if any question arise concerning any bill of costs, or if the person

County tribu

nal to furnish

charged therewith shall allege payment thereof, shall, upon motion of any party interested therein, and reasonable notice thereof, determine according to the rights of the parties thereto, and make orders accordingly; and whenever there shall appear a claim for official services rendered by an officer of a court of justice, and there does not appear to be any fee fixed by law as a compensation therefor, the judge, court or justice, on application, shall make order, specifically fixing the allowance for such claim.

SEC. 10. That the tribunal transacting county business shall books, station- furnish the necessary record books and stationery for the office

ery, &c., for officers.

Acts repealed.

of the auditor, treasurer, recorder and clerk of the Probate
Court of their respective counties, at the expense of such county,
and shall also provide safe and suitable offices for such officers.
SEC. 11. That all acts and parts of acts in conflict with the
provisions of this Act be, and the same are hereby repealed.
This Act to take effect and be in force from and after its
passage.
[Signed,]

G. W. DEITZLER,

Speaker of House of Representatives.
C. W. BABCOCK,

President of the Council.

Approved February 12, 1858.

J. W. DENVER,

Acting Governor.

Warrants, how issued and to

AN ACT relative to Fugitives from other Territories or States.

Be it enacted by the Governor and Legislative Assembly of the Territory of Kansas:

SECTION 1. That whenever the Executive of any other State whom directed. or Territory shall demand of the Executive of this Territory any person as a fugitive from justice, it shall be the duty of the Executive of this Territory to issue a warrant, under the seal of the Territory, directed to any sheriff, coroner or other person whom he may think fit to intrust with the execution of such

warrant.

such warrant.

SEC. 2. That the warrant shall authorize the officer or person Authority of to whom it is directed, to arrest the fugitive any where within the limits of this Territory, and convey him to any place therein named, and shall command all sheriffs, coroners, constables and other persons to whom such warrant may be shown to aid and assist in the execution thereof.

SEC. 3. That every warrant so issued may be executed in any Same. part of the Territory, and the officer or person to whom it is directed shall have the same power to command assistance therein, and in receiving and conveying to the proper place any person duly arrested by virtue thereof, as sheriffs and other officers by law have in the execution of civil or criminal process directed to them, with like penalties on those who refuse their assistance.

ing may confine

prisoners in

any jail.

SEC. 4. That the officer or person executing such warrant Officer executmay, when necessary, confine the prisoners arrested by him in the jail of any county through which he may pass in conveying such prisoner to the place commanded in the warrant, and the keeper of such jail shall receive and safely keep such prisoner, until the person having him in charge shall be ready to proceed on his route.

paid.

SEC. 5. That the expenses which may accrue under the fore- Expenses, how going sections of this Act, being first ascertained to the satisfaction of the Chief Executive, shall, on his certificate, be allowed and paid out of the Territorial treasury.

apprehended as

SEC. 6. That whenever any person within this Territory shall Persons may be be charged, on oath or affirmation of any creditable witness, fugitives, how. before any judge or justice of a court of record, or a justice of the peace, with the commission of any crime in any other State or Territory of the United States, and that he fled from justice, it shall be lawful for the judge or justice to issue his warrant for the apprehension of the party charged.

or justice in

SEC. 7. That if, upon examination, it shall appear to the Duty of judge judge or justice that the person charged is guilty of the crime such case. alleged, he shall commit him to the jail of the county, or if the offence is bailable, take bail for his appearance at the next term of the Probate or District Court in the county.

SEO. 8. That the judge or justice shall proceed in the exami- Examination. nation in the same manner as is required when a person is brought before such officer, charged with an offence against the laws of the Territory, and shall reduce the examination to writing and make return thereof as in other cases, and shall also

If indictment can be found.

Duty of the
Governor.

If prisoner is demanded.

Sheriff may ar

rest prisoner, if

send a copy of the examination and proceedings to the Governor of this Territory without delay.

SEC. 9. That if, in the opinion of the Governor, the examination contains sufficient evidence to warrant the finding an indictment, he shall forthwith notify the Executive of the State or Territory in which the crime is alleged to have been committed, of the proceedings against the person arrested, and he will be delivered on demand, without requiring a copy of an indictment to accompany the demand.

SEC. 10. That when a demand shall be made for the offender, the Governor shall forthwith issue his warrant, under the seal of the Territory, to the sheriff of the county wherein the party charged is committed or bailed, commanding him to surrender the accused to such messenger as shall be therein named, to be conveyed out of the Territory.

SEC. 11. That if the accused shall be at large, on bail or at large on bail. otherwise, it shall be lawful for the sheriff to arrest him forthwith, anywhere within the Territory, and to surrender him agreeably to the command of the warrant.

If he is not demanded court

him.

SEC. 12. That in all cases where the party shall have been may discharge admitted to bail, and shall appear according to the condition of his recognizance, and he shall not have been demanded, the District Court may discharge the cognizance or continue it, according to the circumstances of the case, such as distance of the place where the offence is alleged to have been committed, the time since the arrest, the nature of the evidence, and the like.

Prisoner not to

be held beyond 2nd term of

District Court

Of forfeited rocognizance.

Prosecutor to give bond.

Clerk shall issue fee bills.

SEO. 13. That in no case shall the party be kept in prison or held to bail beyond the end of the second term of the District Court after the arrest; and if no demand is made for him within that time, he shall be discharged.

SEC. 14. That when any such recognizance shall be forfeited, it shall inure to the Territory for the benefit of common schools. SEC. 15. That when complaint shall be made against any person, as provided by this Act, the judge or justice shall take from the prosecutor a bond to the clerk of the District Court, with sufficient security to secure the payment of the costs and expenses which may accrue by occasion of the arrest and detention of the party charged, which bond shall be certified and returned, with the examination, to the office of the clerk of the District Court.

SEC. 16. That upon the determination of the proceedings in that court, the clerk may issue fee bills, which shall be served on