Grant County herald. [volume] (Lancaster, Wis.) 1850-1968, 1908-04-11
". f. SHIMMIN LOSES
CASE AGAINST COUNTY
Important Decision Rendered by
Judge ClenentsOn
Saws Shimmin Has Received More Than
Should Legally be Charged
For Services Rendered
,Cort,rnad from First Page. j

Continued J
makes $3.50 of improper charges In
each of these 3 cases there is d charge OF
60 cents for docket folios making alto
gether $500 Of improper charges. There
is 4 charge of 25 cents for the verihcatlon
at the foot of each Of the 90 Bills OF
Costs" for which the law makes no al
Iow8nce making S13.75 that cannot be
allowed. In the other criminal cases for
which allowance is asked the charges for
docketing by the folio which must be dis
allowed amount to 1872.
"Section go R. s. contemplates that
the statement required by the first SEN
tence of that section shall be continuous
statement. The plaintiff used said Bill
! of Costs" blank to set forth the Justice S
| fees in each case and charged for two
folios or 81 cents for each. There were
55 of these "Bills of Costs, and the
charge for them was 10 folios at II cents
per folio. Eliminating the Notifications,
WHICH as | have said were not required,
(anC the law did require verified state
mer one verihcation would be all that
was necessarv) the folios in al of these
| tfI3ills of Costs" counted continuously
are less than Go. Call the number OF
foliOs So and we find that 45 folios at II
cents per folio. that is $5.40, should be
deducted from the plaintiffs claim for
the statement made under the first clause
of section go. For the statement re-
quired by the last part of said section the
plaintiff charges in his bill against the
county for so folios at II cents per folio,
making $500. | have had this state
ment folioed and it contains only 40
folios. The over-charge in this item is
therefore 500 The amounts which as
above found could not properly be allowed
to the plaintiff by the county board make
total of SLIT This amount being de-
Quoted from the total of the plaintiff s
claim which was S230.65. leaves as the
amount the county board should have
allowed the plaintiff S15S.S8, which is
less than the amount he was allowed.
1T follows that the plaintiff can recover
no,hing on this bill.
cit was claimed by the district attorney
| that an excess of folios was charged for
drawing each of the complaints In the 90
cases and that there was an excess charge
for the testimony OF witnesses In actions
other than tramp cases. have not eX-
amined the complaints In the justice s
docket or the testimony In the cases tried,
as it was not necessary to a determine
ton of this case that | should do so;
besides, counting words to ascertain
whether charge is proper or not is not a
congenial task for me.
Dated April 9th, 1908.
By the Court,
GEO. CLEMENTsoN, Judge.
sAs a result of my investigation made
L e ~. IL.
| feel that / should say to the county
authorities that the blanks In the county
clerks office headed sBills of Costs"
should be destroyed, as also should be
DESTROYED the blanks headed "Claim
| Bill. y which heretofore have been de-
livered to justices for reports of fees OF
interpreters, jurors and witnesses. The
latter, since the enactment OF Chapter
! 625, Laws of 1907, are of no use, for by
Section of that Act these fees are now
to be paid by the county treasurer upon
certificates of the justice and district
attorney. Under said chapter which
amends Section $50 R. S., all that the
justice is to certify to the county clerk are
the constable's or sheriff's fees.
Sin my view it is impracticable to
provide a blank for the statement OF a
justice or other magistrate required by the
first part of Section 679 r. S. Said state
nlent must be continuous one and cover
all cases that came before the justice
during the preceding year. Since the
enactment of said law of 1907 the only
costs for which the county is liable that
are to be set forth In such statement are
the fees of the justice or other magistrate
But though it is impracticable to furnish
a blank for such statement, form of
statement should be prepared and printed
and sent to each justice of the peace and
examining magistrate of the county as a
guide. 7. .... .,.-.,
GEO. CLEMENTsoN.