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 colorof his office, to tax, or permit to be taxed in his office, any fee orsum of money that is not legally allowable under the statute orstatutes 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, undercolor of the officer's office, charge, tax up, or receive, or permit to betaxed up or received, in relation to any service in or about theofficer's office, any fee or sum of money except such fee or sum ofmoney as is plainly specified in IC 33-37 and IC 36-2 without resortto 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 ofmoney as compensation for any service, duty, or thing, the same shallbe 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 anyclaim 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 permitto be charged, taxed up or received, under claim or color of office orofficial right, any fee or sum of money for or on account of servicesthat 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 receivedin such office, under color of such office, any fee or sum or moneyfor 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 orsums of money in county, township, or other public offices in thisstate, under color of office, as if the sums and fees allowed and fixedby 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 toallow any county, township or other public officer, any sum ofmoney out of a county treasury except when the statutes confer theclear and unequivocal authority to do so: Provided, That the clerk ofthe circuit court shall receive for attendance upon the circuit courtthe same per diem as is allowed for attendance upon criminal andsuperior 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 stateshall violate or disregard this chapter or any part thereof and shallthereby obtain any fee or sum of money denied him by this chapteror any part of this chapter, the person or persons from whom hereceived such money shall have the right of civil action in any of thecourts of the county for the recovery of such money, and shall, inconnection therewith, recover the sum of not less than ten dollars($10) damages and not more than thirty dollars ($30) damages, butsuch suit shall be preceded by demand.
(Formerly: Acts 1883, c.42, s.8.) As amended by P.L.25-1986,SEC.23.