CHAPTER 2. FEES CHARGED ILLEGALLY
IC 5-7-2
Chapter 2. Fees Charged Illegally
IC 5-7-2-1
Illegally taxed fees
Sec. 1. It shall be unlawful for any officer in this state, under color
of his office, to tax, or permit to be taxed in his office, any fee or
sum of money that is not legally allowable under the statute or
statutes of the state.
(Formerly: Acts 1883, c.42, s.1.)
IC 5-7-2-2
Fees must be specified
Sec. 2. No county or township officer in this state shall, under
color of the officer's office, charge, tax up, or receive, or permit to be
taxed up or received, in relation to any service in or about the
officer's office, any fee or sum of money except such fee or sum of
money as is plainly specified in IC 33-37 and IC 36-2 without resort
to implication.
(Formerly: Acts 1883, c.42, s.2.) As amended by P.L.25-1986,
SEC.20; P.L.5-1988, SEC.31; P.L.98-2004, SEC.59.
IC 5-7-2-3
Laws specifying fees; construction
Sec. 3. Whenever IC 33-37 or IC 36-2 specifies a fee or sum of
money as compensation for any service, duty, or thing, the same shall
be construed to be in full therefor, and it shall be unlawful to charge,
tax up, or receive any further or additional sum under color of any
claim or construction of law.
(Formerly: Acts 1883, c.42, s.3.) As amended by P.L.25-1986,
SEC.21; P.L.5-1988, SEC.32; P.L.98-2004, SEC.60.
IC 5-7-2-4
Fees for services not actually rendered
Sec. 4. It shall be unlawful to charge, tax up or receive, or permit
to be charged, taxed up or received, under claim or color of office or
official right, any fee or sum of money for or on account of services
that were not actually executed and rendered.
(Formerly: Acts 1883, c.42, s.4.)
IC 5-7-2-5
Services existing only by legal fiction
Sec. 5. No officer of this state, county, township, or other officer,
shall ever tax up, charge, receive or suffer to be taxed up, or received
in such office, under color of such office, any fee or sum or money
for services contemplated to exist only by legal fiction.
(Formerly: Acts 1883, c.42, s.5.)
IC 5-7-2-6
Cumulative and superadditional fees
Sec. 6. It shall be unlawful to tax up, charge, or receive fees or
sums of money in county, township, or other public offices in this
state, under color of office, as if the sums and fees allowed and fixed
by IC 33-37 and IC 36-2 are cumulative and superadditional.
(Formerly: Acts 1883, c.42, s.6.) As amended by P.L.25-1986,
SEC.22; P.L.5-1988, SEC.33; P.L.98-2004, SEC.61.
IC 5-7-2-7
Nonstatutory allowances; circuit court clerks; per diem
Sec. 7. It shall be unlawful for any board of commissioners to
allow any county, township or other public officer, any sum of
money out of a county treasury except when the statutes confer the
clear and unequivocal authority to do so: Provided, That the clerk of
the circuit court shall receive for attendance upon the circuit court
the same per diem as is allowed for attendance upon criminal and
superior courts.
(Formerly: Acts 1883, c.42, s.7.)
IC 5-7-2-8
Violations; civil actions
Sec. 8. If any county, township, or other public officer of the state
shall violate or disregard this chapter or any part thereof and shall
thereby obtain any fee or sum of money denied him by this chapter
or any part of this chapter, the person or persons from whom he
received such money shall have the right of civil action in any of the
courts of the county for the recovery of such money, and shall, in
connection therewith, recover the sum of not less than ten dollars
($10) damages and not more than thirty dollars ($30) damages, but
such suit shall be preceded by demand.
(Formerly: Acts 1883, c.42, s.8.) As amended by P.L.25-1986,
SEC.23.