Eureka daily sentinel. [volume] (Eureka, Nev.) 1871-1887, 1885-04-23
JURORS FEES.

Interesting Communications Com.
tOrney Cheney's Interpretation Of
h New Law.
Inasmuch as the law now in force regu-
lating the fees of petit and trial Jurors is
somewhst ambiguous and in conflict with
what such jurors have been accustomed to
expect and receive in the way Of pay for
their services, etc., the following CORES
pondence between County Recorder Beard
and District Attorney Cheney will be of
interest to those. who have rendered their
services or who may be called upou to
do so:
COUNTY RECORDERS OFFICE,
EUREKA, New, April 20, 1885.
A. E. CHENEY, District Attorney-Sir:
l have recently received from the County
Olerk certificates that various persons
summoned as trial jurors for the February
term OF the District Court are entitled to
various sums for their services. Is 1t
right for me, under the law, to pay such
claims Respectfully, W.. s. BEARD.
Auditor.
6SnEha, NNONy APIA 90 1ooCs
W. 3. BEARD, EsQ.-Auditor: Your ON
munication concerning the pay OF petit or
trial jurors il received. The solution of
your question depends upon construction
OF the statutes upon the subject, and the
answer must be controlled not by what we
may think is fair and just, but by what the
Legislature has said shall be claims against
the county; for, as Judge CARRIER said in Will
Jams ys. Bidleman, "a law fixing the liza
bIlity OF a county is q condition precedent
to the exaction OF payment from the
county"
Tit right Of jurors to demand from the
county fees and mileage depends upon what
IS known as the Fee Bill Of 1883 and the
amendment OF the ninth section OF Feb. 10,
1855. Prior to the taking effect of the Fee
bill jurors were allowed both pay by the
day and mileage In almost all instances, but
The Fee bill repealed all prior Acts in rela-
ton to the compensation Of jurors, and
provided by implication at least, that only
such fees and mileage as are expressly men,
toned in that Act are allowable. That
portion OF the Act relating to this matter
as amended Feb. IL. 1885, reads as follows:
Fees shall be allowed to trial jurors as
follows: For each day, to be paid in civil
cases by the party in whose favor the YER
| dict is rendered, but to be recoverable ss
costs from the losing party, So, excepting
in Justices Courts when the fees shall be
So. # n # No person shall receive any
fee for serving as a juror ON q Coroner's
inquest. The same fee shall be allowed
to Grand Jurors and to trial jurors in
criminal cases as are allowed jurors in
civil cases; provided, that said jurors are
accepted and sworn to try the cause, and
the same mileage for the same travel shall be
allowed TO all Grand and trial jurors as is
| allowed to witnesses in this Act. No fees
| shall be allowed in criminal cases In
Justices Courts" Witnesses are allowed
| by that Act, "for travelling to the place of
trial, 80 cents for each mile necessarily
and actually travelled"
In my opinion there are under this Act
two classes Of claims against the county
for services In the District Court as petit or
trial jurors. First, all jurors who are
summoned and attend are entitled to
mileage one way at the rate Of 80 cents q
| mile for the distance necessarily and act
ually travelled in going to the place
Of trial. Secondly, all jurors who
were accepted and sworn TO try a criminal
cause are entitled to So for each day they
we're engaged in that cause.
III CIVIL cases tue jurors Eeoelfo tAoi1
pay from the prevailing party, and no per
diem is given in any case to those who at
tend, answer to their names when called
and are excused or rejected, but are not
actually accepted and sworn in to try q
cause.
1t is to be regretted that the statute is
not less ambiguous. But, in my opinion,
only the two classes Of claims mentioned
can be by you either safely or properly
audited and allowed against the county.
As l understand the amount at present
involved exceeds 81 900, / have e~ndeavored
to give the question a careful examination
and proper answer, and until the matter
is passed upon by the courts I advise you
TO disallow all claims Of this kind unless
they come within one Of the two classes
| above mentioned. Respectfully yours,