Idaho State Statutes - Idaho Attorney Directory

The board of county commissioners of each
respective county shall have the power to set sheriff's fees by a resolution
of the board for the services herein specified in an amount reasonably related
to but not exceeding the actual costs of such service. The sheriff is allowed
and may demand and receive such fees. In the event that the board of
commissioners does not resolve to set fees by resolution as herein described,
the sheriff is allowed and may demand and receive the fees hereinafter
specified:
For serving summons and complaint, or any other process by which an action
or proceeding is commenced, on each defendant ......................... $10.00
For serving an attachment on property, or levying an execution, or
executing an order of arrest, or order for the delivery of personal
property .............................................................. $10.00
For his trouble and expense in taking and keeping possession of and
preserving property under attachment or execution, or other process, such sum
as the court may order: provided, however, that said sum shall be no more than
five dollars ($5.00) per diem or the reasonable costs incurred by a keeper in
preserving said property.
For making and issuing a keeper's receipt .......................... $5.00
For taking a bond or undertaking in any case in which he is authorized to
take the same ......................................................... $10.00
For copy of and making return on any writ, process or other paper, when
demanded or required by law ........................................... $10.00
For serving every notice, rule or order ........................... $10.00
For making and posting notices, and advertising property for sale on
attachment or execution, or under any judgment or order of sale, exclusive of
the costs of publication, each notice, per folio ...................... $ 3.00
For serving a writ of possession or restitution, putting a person in
possession of premises and removing the occupant ...................... $10.00
For holding each inquest, or trial of right of property, to include all
services in the matter except mileage ................................. $ 3.00
For serving a subpoena, for each witness summoned ................. $10.00
For commissions for receiving and paying over money on execution or other
process, when land or personal property has been levied on and sold, on the
first one thousand dollars ($1,000), two percent (2%); on all sums above that
amount, one percent (1%); but in no case of sale of real estate shall his
commission exceed the sum of ......................................... $100.00
When the amount of such sale is credited on the debt and no money is
transferred, then one-half (1/2) of such commission.
For commissions for receiving and paying over money on execution without
levy, or where lands or goods levied on are not sold, on the first one
thousand dollars ($1,000), one and one-half percent (1 1/2%); and one-half
(1/2) of one percent (1%) on all over that sum, but not to exceed in any case
....................................................................... $75.00
The fees herein allowed for the levy of an execution, costs for
advertising and percentage for making or collecting the money on execution,
must be collected from the judgment debtor by virtue of such execution, in the
same manner as the sum therein directed to be made.
For drawing and executing a sheriff's deed, including the acknowledgment,
to be paid by the grantee before delivery ............................. $10.00
For executing a certificate of sale, exclusive of the filing and recording
of same ............................................................... $ 5.00
For making every arrest in a criminal proceeding .................. $ 5.00
For summoning each juror .......................................... $ 1.00
For serving a subpoena in a criminal action or proceeding, for each
witness summoned ...................................................... $10.00
For traveling to serve any summons and complaint, or any other process by
which an action or proceeding is commenced, notice, rule, order, subpoena,
venire, attachment on property, to levy an execution, to post notice of sale,
to sell property under execution or other order of sale, or execute an order
of arrest, or order for the delivery of personal property, writ of possession
or restitution, to hold inquest or trial of right of property, for each mile
actually and necessarily traveled for the first twenty-five (25) miles no
charge shall be allowed, and for any miles traveled over twenty-five (25)
miles, even if process is not served, the following shall be allowed, in going
only ................................................................... $ .40
For traveling to execute any warrant of arrest, subpoena, venire or other
process in criminal cases, or for taking a prisoner from prison, before a
court or magistrate, or for taking a prisoner from the place of arrest to
prison, or before a court or magistrate, for each mile actually and
necessarily traveled, in going only .................................... $ .40
For each additional prisoner taken at the same time, per mile ...... $ .25
But if any two (2) or more papers be required to be served in the same
action or proceeding, civil or criminal, or be in the possession of the
sheriff for service at the same time, and in the same direction, one (1)
mileage only shall be charged; and in serving a subpoena, venire, process or
paper, when two (2) or more jurors, witnesses, parties or persons to be served
reside or are found in the same direction, traveling fees must be charged only
for the most distant; and only one (1) mileage per day must be charged for
taking a prisoner from prison before a court or magistrate; and constructive
mileage must in no case be charged or allowed.
For all services under the election laws, the same mileage and fees as in
this chapter provided for similar services.
For copy of and making an interim return on a continuing garnishment to
show disbursement of moneys held by the sheriff ........................ $5.00
For postage and processing of each mail renewal class D driver's license
authorized pursuant to section 49-319, Idaho Code ...................... $1.00

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