(1) The fee-bills of every officer shall be made out at length, in figures and in plain English, and signed by the officer in his official capacity.
(2) No officer shall demand or receive for his services:
(a) Any other or greater fee than is allowed by law;
(b) Any fee for services rendered when the law has not fixed a compensation therefor;
(c) Any fee for services not actually rendered.
(3) Where there are more plaintiffs or defendants than one (1) in an action and they sever in their pleadings or otherwise, so that part of them cause an officer to render separate services for him or them, for which the others ought not to be liable, the fees for such services shall be charged separately to those for whom the service is rendered.
(4) No officer in making out his fee-bill shall omit the name of any person properly chargeable therewith, or insert the name of a person not properly chargeable.
(5) Fees against a person acting in a trust capacity shall be made out against him in such capacity and he shall only be liable therefor to the extent of the trust funds in his hands liable to the payment thereof.
(6) No fee-bill shall be made out, or compensation allowed hereafter, for any ex officio services rendered by any officer. Effective: October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 1749.
Notes of Decisions
Cited in
8
cases, 1943–1986 · leading case:
Funk v. Milliken, 317 S.W.2d 499 (Ky. Ct. App. 1958).
Funk v. Milliken, 317 S.W.2d 499 (Ky. Ct. App. 1958).
· cites it 2× “” Subsection (2) (c) of KRS 64.410 prescribes that no officer shall demand or receive any fee for services not actually rendered.”
Fannin v. Davis, 385 S.W.2d 321 (Ky. Ct. App. 1964).
· cites it 2× “Did the trial court err in holding the provisions of KRS 64.410(1) were directory only in respect to Bill Y.”
Webster Cnty. v. Nance, 362 S.W.2d 723 (Ky. Ct. App. 1962).
“KRS 64.410(2) ; Smothers v. Washington County Fiscal Court, 294 Ky.”
Whitworth v. Miller, 193 S.W.2d 470 (Ky. Ct. App. 1946).
· cites it 3× “It is insisted by appellant that as he was in the army during his absence from office he was guilty of no neglect of duty and that his affidavit, as approved by the order of Judge Holbert, excused him from having any deduction made from the emoluments of his office since it…”
Smothers v. Washington Cnty. Fiscal Court, 170 S.W.2d 867 (Ky. Ct. App. 1943).
· cites it 2× “Section 64.410, KRS, provides that no officer shall demand or receive for his services any other or greater fee than is allowed, by law or any fee for services rendered when the law has not fixed a compensation therefor, and, further, that no fee-bill shall be made out or…”
Roland v. Jefferson Cnty. Fiscal Court, 599 S.W.2d 469 (Ky. Ct. App. 1980).
“As pointed out by defendants in their memorandum and by the Attorney General in OAG 77-133, Section 3 of the Kentucky Constitution and KRS 64.410(2)(c) prohibit the payment of public funds except for the actual performance of public services.”
Baskett v. City of Radcliff, 709 S.W.2d 463 (Ky. Ct. App. 1986).
“Simply enough, KRS 64.410(2)(c) states that, “No officer shall demand or receive for his services .”
Grant v. City of Winchester, 220 S.W.2d 993 (Ky. Ct. App. 1949).
“In further fortification of this view, we find that KRS 64.410 provides in part that no officer shall demand or receive “Any fee for services not actually rendered.”
— Ky. Rev. Stat. § 64.410(1) — 1 case
Fannin v. Davis, 385 S.W.2d 321 (Ky. Ct. App. 1964).
“Did the trial court err in holding the provisions of KRS 64.410(1) were directory only in respect to Bill Y.”
— Ky. Rev. Stat. § 64.410(2) — 1 case
Webster Cnty. v. Nance, 362 S.W.2d 723 (Ky. Ct. App. 1962).
“KRS 64.410(2) ; Smothers v. Washington County Fiscal Court, 294 Ky.”
— Ky. Rev. Stat. § 64.410(2)(c) — 2 cases
Roland v. Jefferson Cnty. Fiscal Court, 599 S.W.2d 469 (Ky. Ct. App. 1980).
“As pointed out by defendants in their memorandum and by the Attorney General in OAG 77-133, Section 3 of the Kentucky Constitution and KRS 64.410(2)(c) prohibit the payment of public funds except for the actual performance of public services.”
Baskett v. City of Radcliff, 709 S.W.2d 463 (Ky. Ct. App. 1986).
“Simply enough, KRS 64.410(2)(c) states that, “No officer shall demand or receive for his services .”
Annotations are extracted automatically from the opinions in the
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treatment. Dots show Syfertize treatment of the citing case itself.