clerk in certain cases. Duty of the clerk of the court to retain the jury fee in his possession until after the case is tried or finally disposed of, and if the case be tried without a jury or shall be dismissed it shall be the duty of the clerk of court to return the jury fee to the party by whom it was paid.. Repeal. SEC. 2. All acts and parts of acts inconsistent with this act are hereby repealed so far as they conflict with this act. SEC. 3. This act shall take effect and be in force from and after its passage. Approved November 26, 1879. CHAPTER 37. Fees Jurors in District Courts. Mileage, Jurors' fees, rate per day. AN ACT Regulating the Compensation of Jurors in the District Courts of Wyoming Be it enacted by the Council and House of Representatives SECTION 1. That hereafter all persons summoned as jurors in the district courts of this Territory shall receive the fees hereinafter provided, and none other. SEC. 2. For each mile actually and necessarily traveled in going to and returning from the place of trial, they shall receive the sum of ten cents, when the distance so actually and necessarily traveled shall exceed one mile. But any person summoned from a distance of twenty-five miles or more from the line of the railroad, shall receive the sum of fifteen cents per mile for each and every mile actually and necessarily traveled. SEC. 3. When the time of attendance of any juror shall not exceed one-quarter day, he shall be entitled to receive fifty (50) cents. And when the time of such attendance shall not exceed one-half day he shall be entitled to receive one dollar, and when the time of such attendance shall be one day or more, he shall be entitled to receive two dollars for each day or part of a day of such attendance. But any person summoned from a distance of five miles or more from the county seat of any county, shall receive three dollars per day each day's attendance. SEC. 4. Whenever any civil or criminal case is called Clerk to isssue for trial in any of the district courts of this Territory, the venire. court may instruct the clerk to issue a venire to the sheriff or other proper officer, commanding him to summon from the body of the county any number of good and lawful men to serve as talesmen, that the court in its judgment may deem necessary to complete the jury in said case, and the time such jurors are required to appear shall be stated in such venire, and the person or persons so summoned shall be paid from the time they are so ordered to appear until discharged by the court. SEC. 5. It shall be the duty of the clerk of the court to note the time of the discharge of each juror so summoned, and to issue to such juror a certificate under the seal of the court for the amount due him as provided in sections two and three of this act. Certificates. SEC. 6. All acts and parts of acts inconsistent with Repeal. any of the provisions of this act, are hereby repealed. SEC. 3. This act shall take effect and be in force from after its passage and approval. Approved December 13, 1879. CHAPTER 38. Fees-"Officers Albany County" Amendments To. AN ACT to Amend an Act to Provide Fees and Salaries for Officers of Albany Be it enacted by the Council and House of Representatives of insert. SECTION 1. That section nineteen (19) of said act be strike out an and the same is hereby amended as follows: Strike out the words "as a penalty" in the second line of said section. Also strike out the word "penalty" in the fourth line of said section nineteen, and insert in lieu thereof "per centum." Repeal. SEC. 2. All acts and parts of acts inconsistent with the provisions of this act are hereby repealed. SEC. 3. This act shall take effect and be in force from and after its passage and approval. Approved December 13, 1879. Allowed five dollars per day. Duty of officer authorized to CHAPTER 39. Fees County Commissioners in Certain Cases. AN ACT to Provide for the Compensation of County Commissioners in Certain Be it enacted by the Council and House of Representatives SECTION 1. That in all cases where a member of any board of county commissioners in this Territory shall have to travel a distance of more than fiffy miles off any line of railroad from his residence to the county seat, to sit as a memoer of the board at any regular or special meeting of the board, he shall be allowed in addition to his mileage, five dollars per day for each and every day necessarily occupied in reaching the county seat, computed at fifty miles per day, by the nearest traveled route. SEC. 2. All acts or parts of acts conflicting with this act are hereby repealed. Approved December 12, 1879. CHAPTER 40. Fees Regulating Payment Of. AN ACT to Regulate the Claim and Payment of Certain Fees and Allowances. Be it enacted by the Council and House of Representatives of the Territory of Wyoming: SECTION 1. That it shall be the duty of every officer issue subpoena. authorized to issue the writ of subpoena in this Territory, to put the names of all the witnesses for the plaintiff or prosecutor on one writ, and for the defendant on a separate writ, and every such officer, who, by the laws of this Territory, shall be entitled to fees for the issuance of such writ, shall, with the fee bill for the same presented for allowance to the board of county commissioners, or other board or officer whose duty it is to allow or pay such bill or claim for such fees, make affidavit that the names of all such witnesses demanded to be subpoenaed at any one time, were stated in the writ issued in pursuance of such demand, and not otherwise, and no fee bill for issuing subpoenas shall be allowed without such an affidavit. Nor shall any costs for the issuance of subpæna in any civil case be taxed unless all the names of witnesses required on a single precipe be incorporated in a single writ of subpœna. allowed for at SEC. 2. In all cases where fees are allowed by law for when no fees the attachment of any official seal to any paper, no fees taching seal. shall be allowed for the attachment of such seal, unless the law expressly provides that such seal shall be so attached, or where such paper would not be of authority, or due notice without the attaching of such seal, and any paper or certificate that would be of sufficient notice or authority without the attaching of such seal, the attachment of such seal to such paper or certificate shall be ignored in the payment of any fees allowed by law for the issuance of such paper or certificate. Allowances for SEC. 3. In all cases where mileage is allowed by law, mileage. no mileage shall be allowed where services are rendered more than once in any given place from the point of departure by virtue of one process or authority, except the distance from one point to another, on the same service in the same place. Nor when in passing from one place to another on the same journey to perform such service, as by law mileage is allowed, shall mileage be allowed from the point of departure but from one place to the other in accordance with the fact. And if any officer or other person who is by law allowed mileage for any services rendered, shall at the same time receive more than one writ or process to serve, or authority to render more than one service at the same place, he shall be entitled to mileage only for the actual number of miles traveled, allowing a full mile for every person served with notice or process or every service rendered in the same place and during the same journey. And his return or claim for such mileage shall show the actual number of miles necessarily traveled from the place where he received his authority to the place where the actual service was made or rendered, allowing a full mile, as above provided for, and mileage shall not be allowed as if each service made or rendered was a distinct service from the point of departure or place where the authority writ or process was received, and no mileage shall be allowed without such showing made explicitly and disFalse stateme't tinctly. Should any false statement of mileage appear or be proved, then no mileage whatever shall be allowed for any service performed by virtue of the authority, writ or process by which such services were rendered, and nothing in this act shall be construed as to excuse the maker of such false statement from criminal process. in reference to mileage. Witnesses and jurors in crimi how taxed. SEC. 4. If a witness or juror shall be summoned to nal cases, costs serve in more than one criminal case in the same court, on the same day, such witness or juror shall be entitled to but one day's service, which shall be taxed as costs in the first such case. And it is made the duty of the officer so swearing said witness or juror, to keep a proper account of the same, in order that not more than one payment shall be made under such circumstances. This shall also apply to grand juries and witnesses before grand juries. Officer not al SEC. 5. No officer whose duty it is to be in constant lowed witness attendance upon any court, and who may be sworn as a witness in any case then pending in such court, shall be entitled to witness fees in such case. fees. Approved, December 12, 1879. |