Grant County herald. [volume] (Lancaster, Wis.) 1850-1968, 1908-04-11

ifestly this relates to papers drawn by the
Justice, not to the docket of a case winch
he is required to keep and for the keeping
of which there is allowance made by law.
In the ST. Croix County case above re-
ferred to. the clerk of the circuit court OF
that county sought to justify the allow
ance to him by the county board OF pay
by the folio for keeping the minutes OF
the circuit court under certain clauses
in the statute prescribing the tees OF the
clerk. which clauses were as much TO the
point as that above quoted upon Wflch
the plaintiff relies as authorizing charge
by the folio for docketing. The supreme
court said that the clauses the clerk
relied upon did not cover charges Tor
keeping the minutes and as no fee was
prescribed for this work nothing could be
allowed.
"The item Making return - tollos
In this Bill of Costs under consldera-
ton refers to the statement prescribed by
section 679 r. S. which requires justice
of the peace before the first Monday OF
November IL each year to forward to the
county clerk a correct statement OF all
actions and proceedings had before him
during the year next preceding, IN which
the county shall have become liable for
costs, giving the names of the parties In
each action or proceeding, the nature and
result of the same, the amount of costs in
detail in each case, and what items, II
any, have been paid and the amount
thereof This section further prescribes
Each such justice Of the peace shall also,
at the time of making any such statement,
annex thereto and file with the said clerk
sworn statement, giving the titles of all
criminal actions tried before him during
the same period in which the defendant,
or any defendant, shall have been con-
victed, and shall also state therein that
| he filed certificate of conviction In each
such case as and within the time required
by law Now, it is evident that the costs
referred to that are to be given Gin detail
In each case refer to the costs In the JUS
tees court and not to some item OF charge
that the justice may have the right to
make against the county for making these
statements. Section 696 X. :. as
amended by Chapter 153, Laws of 1901,
prescribes what the justice shall receive
for making and filing such statements
with the county clerk. and his charge for
making them should be ole item of the
claim bill he files for allowance by the
county board. It is also obvious that
4
section go, prior to the enactment of
Chapter 625, Laws of 1907, was required
to state all costs of whatever kind there
were In case, and not simply the JUS
tees fees which are all that this printed
blank entitled Bill of Costs covers.
These statements are required by the law
to be made to enable the county board
understandingly to pass upon claims for
costs in the cases and proceedings before
the justice during the past year. The
| first of these statements is not required
to be verified. the last is.
"The item So folios report of wit
nesses and Jurors in this fee bill refers to
the certificate required by section $50 r.
s to be filed by the justice with the county
clerk at least ten days before the meeting
of the county board, setting forth what
the county is liable to pay In each action
and proceeding before him for inter
prefers, witnesses, jurors and officers.
| Now by reason Of the change made in the
law by Chapter 625, Laws of 1907. the
certificate must set forth only the fees of
the constable or sheriff who acted in the
case. The charges for such certificates
also. it is evident, form no part Of the
costs of the case and like the charge for
| statements under Section go should
constitute but one item in the claim of the
Justice against the county. The justice
| has no right to charge for these certifi-
Gates by the folio. Section 500 r. S. as
amended provides that for the state
ments required by Section go by
clerical mistake called in the amendatory
law Chapter 153, Laws of 1901-Section
| 690 the Justice shall receive II cents per
! I 81 for Oh,
ulIired bv Section $50 and - cents for
transmitting by registered mail the state
ments and certificates to the county clerk
| Nothing is allowed for the oath of veri-
:! fication to the second statement required
by Section 679.
"Section COG as amended provides that
'iustices Of the peace shall receive from
the county treasurer the fees prescribed
This in my opinion gives the county clerk
who receives them the right to determine
the number of folios in the statements
and the number of the certificates fled
and to issue warrant upon the treasurer
at once for the amount coming to the
| Justice 1t is simply matter of counting
| to determine the amount that should be
! paid The county clerk has more time
to count the folios in the statements and
the number of the certificates than busy
committee of the county board, and Is
therefore likely to be more exact. The
language of said section makes it clear to
me that the legislature never intended
that so simple matter as what should
be paid to the Justice for these statements
and certificates should go before the
county board for allowance.
81 now come to the consideration of
the items of the plaintiffs claim against
the county. As | have said, As of the
cases were vagrancy cases, and the fees Of
the justice in each case as charged were
] S3.63. The same fees occur In each of
these cases. Nearly all of them were
heard in the winter months-a time when
the gentlemen of the road want to get into
a comfortable Jail out of the cold. In
each case there was no trial. The de
PENDANT admitted the charge made against
him. The sentences varied from six days
to twenty in the county jail. Generally
the tramp was given board and lodging