28-110. Fees of all sheriffs; expenses, when.
28-110
28-110. Fees of all sheriffs; expenses,when.The sheriff of each county in the state shall charge thefollowing fees for the services required by law to be performed by them:
Serving or executing and returning any writ, process, order or notice,including a copy of the same, whenever a copy isrequired by law, except as otherwise provided, for the firstperson.................$5.00
Serving warrants and making return thereof.................1.00
Making arrests as law enforcement officer.................1.00
Serving order of attachment, arrest or replevin and returning same.................2.00
Making levy under execution.................2.00
Appraisement of property.................2.00
Return of "no property found".................2.00
Approving and returning undertaking bond or recognizance.................1.00
Advertising property for sale.................2.00
Offering for sale or selling property.................2.50
Taking inventory of personal property, each day.................10.00
Sheriff's deed and acknowledgment, to be paid out of the proceeds ofthe sale of real estate conveyed.................5.00
Issuing certificates of sale and recording same.................2.00
Summoning talesman, each ..................50
The sheriff shallcharge, for witnesses whose attendance is procured under attachment and whoare unable to pay their fare, actual expenses and mileage in an amount setin accordance with K.S.A. 75-3203a, and amendments thereto, and rules andregulations adopted pursuant thereto.If the writ, process, order or notice contains thenames of more than one person, nofee shall be taxed or allowed and no person shall berequired to pay anyfee unless at the time of making returns the sheriffmakes and files withthe returns, or as a part thereof, a statement showing theservice on the first person named by the sheriff and theservice on the second person namedby the sheriff and so on for each person served. If more than one processis served in the samecase or on the same person, not requiring more than one journey fromthe office, the sheriff shall charge a fee for oneservice only. If morethan one process for the same person, or inthe same case, is issued and is in the hands of the sheriff at one time,it shall be the duty of the sheriff to make service of the processes,if possible, on the one trip.Where service is not affected or timely return made pursuant toK.S.A. 60-312 or 61-3005, and amendments thereto, no fee shall be taxedor allowed on subsequent alias, writ, process, order or notice as required toeffect service and the return of service.Except as provided by K.S.A.19-269, and amendments thereto,the sheriff shall be reimbursed for the necessary transportation and boardexpenses incurred while serving under requisition made by the governor. Allfees charged by the sheriff pursuant to this section for the same case may bepaid by a single check, money order or other form of payment at the discretionof the person making such payment. The state ofKansas and all municipalities in thisstate, as defined in K.S.A. 12-105a, and amendments thereto, are herebyexempt, in anycivil action in which such state or municipalityis involved, from payingservice of process fees prescribed herein.
History: L. 1913, ch. 197, § 12;R.S. 1923, 28-110;L. 1937, ch. 229, § 1;L. 1943, ch. 162, § 17;L. 1949, ch. 260, § 3;L. 1965, ch. 256, § 1;L. 1983, ch. 128, § 1;L. 1990, ch. 132, § 1;L. 2004, ch. 118, § 4;L. 2005, ch. 125, § 1;L. 2006, ch. 195, § 13; July 1.