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2021 Colorado Code
Title 13 - Courts and Court Procedure
Article 33 - Fees of Jurors and Witnesses
§ 13-33-104. Witness Fees Paid Into Treasury - When

Universal Citation:
CO Rev Stat § 13-33-104 (2021)
Learn more This media-neutral citation is based on the American Association of Law Libraries Universal Citation Guide and is not necessarily the official citation.
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Any witness fee collected by a clerk of any district court or county court shall be paid to the person entitled to the witness fee, when claimed. Any witness fee collected and not paid to a witness claimant in the same month shall be paid by the clerk of the court to the state treasurer pursuant to section 30-1-112 (2) , C.R.S.

History. Source: R.S. Pp. 326, 327, §§ 26, 27. G.L. §§ 1155, 1156. G.S. §§ 1412, 1413. R.S. 08: §§ 1403, 1404. C.L. §§ 7908, 7909. CSA: C. 66, §§ 48, 49. CRS 53: § 56-6-4. C.R.S. 1963: § 56-6-4. L. 71: P. 321, § 6. L. 73: P. 1405, § 43. History. Source: R.S. Pp. 326, 327, §§ 26, 27. G.L. §§ 1155, 1156. G.S. §§ 1412, 1413. R.S. 08: §§ 1403, 1404. C.L. §§ 7908, 7909. CSA: C. 66, §§ 48, 49. CRS 53: § 56-6-4. C.R.S. 1963: § 56-6-4. L. 71: P. 321, § 6. L. 73: P. 1405, § 43.


ANNOTATION

It is the duty of the clerk to pay all witness fees into the treasury. The clerk of the district court was authorized by this section to collect and receive witness fees taxed as costs in actions tried in the district court, and it was made his duty to pay into the treasury of the county all jury fees when collected, and all witness fees that remained in his possession for a period of a month. Adams v. People, 25 Colo. 532 , 55 P. 806 (1898).

Deposit of checks, etc., is equivalent to collection. Where the clerk of a district court received payment of jury and witness fees in checks and drafts which he deposited in bank to his credit, it was equivalent in law to the collection by him of money, and it was his duty to pay over to the county the money thus collected and for failure to do so he might be prosecuted under a charge of failure to pay over money collected. Adams v. People, 25 Colo. 532 , 55 P. 806 (1898).

Clerk may be prosecuted upon failure to pay over such fees. The clerk of the district court is an officer in this state entrusted by law with the collection and receiving of jury and witness fees and as such is subject to prosecution under § 13-33-106 . Adams v. People, 25 Colo. 532 , 55 P. 806 (1898).


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