Page:1862 Territory of Dakota Session Laws.pdf/328

CHAP. XLI.]

. 19. Each witness, for attending before the district court each day, is entitled to one dollar; before a justice of the peace, fifty cents; mileage for actual travel, per mile, each way, five cents. An attorney, or juror, or officer, who is in habitual attendance on the court during the term at which he is subpænaed as a witness, shall charge for only one day's attendance or travel. The court may disallow to the successful, any witness who, without sufficient cause, was absent at the trial, or whose testimony was unimportant or unnecessary. For attending before a grand or petit jury, in a criminal case, witnesses are entitled to a like fee, which, when they are called in behalf of the prosecution, shall be paid out of the county treasury. But they cannot claim their fees in such cases in advance.

. 20. A juror, for each day's attendance, whether as a grand or petit juror, one dollar; before justices of the peace, fifty cents; travelling, per mile, going and returning, five cents.

. 21. For each day's service actually performed in travelling to and from the place where the survey is to be made, making survey and return, five dollars; for a certified copy of the plat or field notes, fifty cents.

. 22. This act shall take effect and be in force from and after its passage.


 * Approved April 15, 1862.

W. JAYNE, Governor.