Printable Format28-150. Payment of fees by county in criminal cases; jury fees in civil and criminal cases. In all cases where the fees prescribed by this act in criminal cases for the sheriff, clerk and witnesses for the state, are not paid by the defendant or the prosecuting witness, they shall be paid by the county in which the criminal prosecution is instituted: Provided, That no such fees shall be paid by the board of county commissioners until the sheriff shall have filed his affidavit that said fees cannot be collected from any other source. Jury fees in civil and criminal cases shall be paid by the county.
History: L. 1913, ch. 197, § 47; R.S. 1923, 28-150; L. 1963, ch. 309, § 1; L. 1973, ch. 134, § 36; L. 1974, ch. 446, § 14; July 1.
Source or prior law:
L. 1862, ch. 99, § 22; G.S. 1868, ch. 39, § 19; L. 1881, ch. 108, § 1.
Attorney General's Opinions:
Liability for costs in certain criminal cases. 85-149.
CASE ANNOTATIONS
1. City not exempted from payment of witness fees. Topeka v. Good, 9 Kan. App. 258, 59 P. 681.
2. County not liable where nolle prosequi entered. The State v. Campbell and Jones, 19 Kan. 481, 484.
3. County is liable for costs in criminal action; when. Bedilion v. Comm'rs of Cowley Co., 27 Kan. 592, 593; Comm'rs of Labette Co. v. Keirsey, 28 Kan. 40, 42; Keirsey v. Comm'rs of Labette Co., 30 Kan. 576, 579, 2 P. 864.
4. Section applicable to habeas corpus proceedings in probate court; when. Gleason v. Comm'rs of McPherson Co., 30 Kan. 53, 54, 2 P. 384.
5. Change of venue; county where action was instituted pays costs. Cheyenne County v. Norton County, 77 Kan. 51, 62, 94 P. 278.
6. Liability of county not established by taxation of costs. Gunning v. Wyandotte County, 81 Kan. 708, 710, 106 P. 999.
7. Cited; jury fees properly assessed as costs in criminal action. State v. Thomson, 188 Kan. 171, 177, 360 P.2d 871.
8. Taxation of costs is purely statutory; court has no inherent power to assess costs to a party. Hodges v. Lister, 207 Kan. 260, 265, 485 P.2d 165.