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92_SB0767 LRB9205220REpc 1 AN ACT concerning fees. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Counties Code is amended by changing 5 Section 4-12001 as follows: 6 (55 ILCS 5/4-12001) (from Ch. 34, par. 4-12001) 7 Sec. 4-12001. Fees of sheriff in third class counties. 8 The officers herein named, in counties of the third class, 9 areshall beentitled to receive the fees herein specified, 10 for the services mentioned and such other fees as may be 11 provided by law for such other services not herein 12 designated. 13 Fees for Sheriff 14 For serving or attempting to serve any summons on each 15 defendant, $15. 16 For serving or attempting to serve each alias summons or 17 other process mileage will be charged as hereinafter provided 18 when the address for service differs from the address for 19 service on the original summons or other process. 20 For serving or attempting to serve all other process, on 21 each defendant, $15. 22 For serving or attempting to serve a subpoena on each 23 witness, $25. 24 For serving or attempting to serve each warrant, $15. 25 For serving or attempting to serve each garnishee, $15. 26 For summoning each juror, $10. 27 For serving or attempting to serve each order or judgment 28 for replevin, $15. 29 For serving or attempting to serve an order for 30 attachment, on each defendant, $15. 31 For serving or attempting to serve an order or judgment -2- LRB9205220REpc 1 for the possession of real estate in an action of ejectment 2 or in any other action, or for restitution in an action of 3 forcible entry and detainer, without aid, $15, and when aid 4 is necessary, the sheriff shall be allowed to tax in addition 5 the actual costs thereof. 6 For serving or attempting to serve notice of judgment, 7 $15. 8 For levying to satisfy an order in an action for 9 attachment, $15. 10 For executing order of court to seize personal property, 11 $15. 12 For making certificate of levy on real estate and filing 13 or recording same, $8, and the fee for filing or recording 14 shall be advanced by the plaintiff in attachment or by the 15 judgment creditor and taxed as costs. For taking possession 16 of or removing property levied on, the sheriff shall be 17 allowed to tax the necessary actual costs of such possession 18 or removal. 19 For advertising property for sale, $8. 20 For making certificate of sale and making and filing 21 duplicate for record, $8, and the fee for recording same 22 shall be advanced by the judgment creditor and taxed as 23 costs. 24 For preparing, executing and acknowledging deed on 25 redemption from a court sale of real estate, $15; for 26 preparing, executing and acknowledging all other deeds on 27 sale of real estate, $10. 28 For making and filing certificate of redemption, $9, and 29 the fee for recording same shall be advanced by party making 30 the redemption and taxed as costs. 31 For making and filing certificate of redemption from a 32 court sale, $11, and the fee for recording same shall be 33 advanced by the party making the redemption and taxed as 34 costs. -3- LRB9205220REpc 1 For taking all bonds on legal process, $5. 2 For taking special bail, $5. 3 For returning each process, $8. 4 Mileage for service or attempted service of all process, 5 20¢ per mile each way necessarily traveled in making or 6 attempting to make such service computed from the place of 7 holding court. 8 For attending before a court with a prisoner on an order 9 for habeas corpus, $9 per day. 10 For executing requisitions from other States, $13. 11 For conveying each prisoner from the prisoner's county to 12 the jail of another county, per mile for going only, 25¢. 13 For committing to or discharging each prisoner from jail, 14 $3. 15 For feeding each prisoner, such compensation to cover 16 actual costs as may be fixed by the county board, but such 17 compensation shall not be considered a part of the fees of 18 the office. 19 For committing each prisoner to jail under the laws of 20 the United States, to be paid by the marshal or other person 21 requiring his confinement, $3. 22 For feeding such prisoners per day, $3, to be paid by the 23 marshal or other person requiring the prisoner's confinement. 24 For discharging such prisoners, $3. 25 For conveying persons to the penitentiary, reformatories, 26 Illinois State Training School for Boys, Illinois State 27 Training School for Girls, Reception Centers and Illinois 28 Security Hospital, the following fees, payable out of the 29 State Treasury. When one person is conveyed, 20¢ per mile in 30 going to the penitentiary, reformatories, Illinois State 31 Training School for Boys, Illinois State Training School for 32 Girls, Reception Centers and Illinois Security Hospital from 33 the place of conviction; when 2 persons are conveyed at the 34 same time, 20¢ per mile for the first and 15¢ per mile for -4- LRB9205220REpc 1 the second person; when more than 2 persons are conveyed at 2 the same time as Stated above, the sheriff shall be allowed 3 20¢ per mile for the first, 15¢ per mile for the second and 4 10¢ per mile for each additional person. 5 The fees provided for herein for transporting persons to 6 the penitentiary, reformatories, Illinois State Training 7 School for Boys, Illinois State Training School for Girls, 8 Reception Centers and Illinois Security Hospital, shall be 9 paid for each trip so made. Mileage as used in this Section 10 means the shortest route on a hard surfaced road, (either 11 State Bond Issue Route or Federal highways) or railroad, 12 whichever is shorter, between the place from which the person 13 is to be transported, to the penitentiary, reformatories, 14 Illinois State Training School for Boys, Illinois State 15 Training School for Girls, Reception Centers and Illinois 16 Security Hospital, and all fees per mile shall be computed on 17 such basis. 18 In addition to the above fees, there shall be allowed to 19 the sheriff a fee of $900 for the sale of real estate which 20 shall be made by virtue of any judgment of a court. In 21 addition to this fee and all other fees provided by this 22 Section, there shall be allowed to the sheriff a fee in 23 accordance with the following schedule for the sale of 24 personal estate which is made by virtue of any judgment of a 25 court: 26 For judgments up to $1,000, $85; 27 For judgments over $1,000 to $15,000, $175; 28 For judgments over $15,000, $400. 29 In all cases where the judgment is settled by the 30 parties, replevied, stopped by injunction or paid, or where 31 the property levied upon is not actually sold, the sheriff 32 shall be allowed the fee for levying and mileage, together 33 with half the fee for all money collected by him or her which 34 he or she would be entitled to if the same were made by sale -5- LRB9205220REpc 1 in the enforcement of a judgment. In no case shall the fee 2 exceed the amount of money arising from the sale. 3 The fee requirements of this Section do not apply to 4 police departments or other law enforcement agencies. For 5 the purposes of this Section, "law enforcement agency" means 6 an agency of the State or unit of local government which is 7 vested by law or ordinance with the duty to maintain public 8 order and to enforce criminal laws or ordinances. 9 The fee requirements of this Section do not apply to 10 units of local government or school districts. 11 (Source: P.A. 86-962; 87-669; 87-670.)