The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1898-08-04

SAN FRANCIsCO, Cal.
| LOUTsvILLE. Ky. NEW YORK. n. 2.
| There is nc authority under the law for
! charging those costs. The clerk issues a
! subpoena and files it and there is no neces-
| sity for entering it upon the subpoena
! docket. I can find no law requiring the
the clerk TO record these subpoenas on
! the docket separately. And hence that
! item Of costs is disallowed. The next OBJ
! lection is to making pwenty-six copies Of
! sUbpoenas. There is no law providing or
! authorizing the clerk to make these copies
! That item of five dollars and twenty cents
| is disallowed. The next item is TO swear
ing defendant affidavit. jurat and seal,
forty-five cents. That item is reduced ito
| thirty-five cents. There is no law author
| izing the jurat that is a part of the affi-
davit. The jurat is included in the affi-
davit. The next IS to entering order call
ing case. And continuing the ase. In
this case it will be remembered that there
were two or three days that the witnesses
and litigants could not attend court, and
/ the case would be called in the morning
| and continued until 100. and called again
at 100 and continued until next day, and
so on. In all these various items there is
a charge for two orders, one for calling
| the Case and one for continuing it. l
think it rs one order. onej ournaI entry.
| The clerk has to make one order. There
are quite a number of these items and this
then will cover all of these objections.
! BY counsel for the defendant; Where the
case is called and proceeds to trial and
adjourned to $780, and at 100, adjourned
] I'M pyt hat will no h ana
order?" BY the court; Yes sir all of these
items viii be disallowed and simply the
| item that continues theh case allowed.
! When il is continued, of course the clerk
would have to show that. These various
items are just double in all these cases.
The entering of the order calling the case
at 1:3O and the order continuing the case
at the same time, that is one order. The
next item is TO fling precipe for subpoena,
issuing subpoena and making four certi-
fed copies, $L15. This item is reduced TO
thrty-five cents. The four copies are
disalowed, which were eighty cents. The
next item is on May 7th, fling, issuing
/ and entering on subpoena docket, one dol
lar. This item is reduced to seventy cents
The next item is to making two copies,
one dollar and ten cents. This item is
for bwo copies OF subpoenas. certificate
and seal they will be disallowed. They
are unauthorized. There are a number Of
items on the 18th. The case was called and
continued at the same time All these
viii he allowed as one orer. on May 18th,
to entering three subpoenas on the sub
poena docket, forty-five cents. This is dis
allowed. May 18th, TO filing three preci-
pes, issuing three subpoenas. making
three copies, certificate and seal, $40,
this Item is reduced to one dollar and five
cents. Following these items there are
number Of charges for calling and contin-
uing the case where the orders were made
at the same time. all these will be allowed
as one order. The next item is to filing
/ thirty instructions marked refused, $500.
| Il has been the custom, I am informed 10
! charge ten cents for each instruction. But
/ I think where they are all given as a
/ whole, as in this case. that he is not au-
/ thorized TO charge for filing each sapara-
/ tetly. It Is one paper and it is the same
/ as petition and au of the exhibits. IN
! less the Instructions are given separately
! they should be filed and charged for as a
whole. This item is reduced from three
| dollars 70 ten cents. Filing twenty-four
]
! s.. 20 to ten cents. To attaching four Ger
| tifcates. one dollar forty cents. reduced
to seventy cents. There is no law for the
clerk TO make and charge for certified
! copies Of rhe judgment unless they are
| ordered. II they are ordered by the
1 county attorney or by the county com
mlssoners. then it is allowed. The next
| is the items Of the sheriff. baiIiffs, and
court officers who filed Their bills. IN each
| case the clerk charged for affidavit, iurat
| and seal fifty five cents. It is claimed
/ that there's no authority for this. That
they are personal bills and that they must
/ DC paid for by the parties If theclerk
charges any fees. suppose that would
be 50 construed unless authorized by the
/ statute. In this case tbe cause was
! brought here or . change Of venue and
| the court Is the auditing officer. The COM
miss.oncrs do not audit these bills on
change OF venue. The law requires THAI
/ thu claimant shall swear to his account.
am Of the opinion that the clerk would
/ be entitled 70 a fee Tor swearing these
parties 10 their bills and for nling the
/ same He would be allowed for that ser
/ vice 7. should be twenty-five cents in
each case instead Of .ifty-tive cents as IS
charged in this case. They do not re-
Quire seal AL the clerk has 20 DO Is 10
! determine the amount % the bIl and 70
swear ;he party thereto. and dle the
same. This is reduced then from ftty-tive
/ cents 20 twenty-five cents each. There
are nine of these items. The next i:em
= for swearing me iury - Try the cause.
/ ten cents. DlsaiIoWe6. The aext item IS
1 for swearing the baId. sixty times SIX
dollars. IL the tr5al q SA.S case I think
| I had three bal.fs. Madaris and two
/ other persons. and during thea .rial Of tAs
same cause a gVea, many oa,hs we're ad-
ministered 10 taese oal1ns. was the
| custom TO administer an oath each time.
! Il was unnecessary and do nat feel tina;
| the county should pay for L. one oath
IS juset as good a sixty OF course the
extra charge would not DC warranted
under the law. THAT Een reduced from
$500 to thirty cents, one oath 70. each