Probate judge. County judge as probate judge. Fees in advance. Exhibit a tablo of fees. No other fees. Fee-book. State suits. Clerk of the district court. to be paid by the party requiring the survey. Expenses of assistants shall be an additional charge, to be agreed upon between the parties. 2849. SEC. 18. For every order or judgment, when not contested, one dollar; when contested, three dollars. 2850. SEC. 19. The fees allowed for services rendered by the county judge as probate judge, shall be collected by the county clerk, who shall keep a full and accurate account of the same, in a book kept separate and apart for that purpose. The county clerk shall make a settlement, at least once a month, with the county treasurer, of the fees thus collected, and pay the amount in his hands into the county treasury, and take his receipt therefor, and file the same with the county auditor. His accounts shall always be open for inspection by any county officer, or any person who may be interested therein. The county treasurer, in a book especially kept for that purpose, shall keep a full account of all moneys thus received, which shall constitute a separate and distinct fund, and so much thereof as may be necessary for that purpose, shall be applied to the payment of the salary of the county judge, and the residue, if any, shall be paid into the county treasury; and it shall be a misdemeanor for a probate judge to receive to his own use, except in such manner as prescribed in this section. 2851. SEC. 20. Any officer may refuse to perform any service, in any civil action, until the fees for such services are paid by the party requiring the services; provided, if any person shall make an affidavit before the county judge, setting forth that he has good cause of action or defense, and that he is unable to pay fees in advance, the county judge may, in his discretion, make an order that the officers perform such services without any pay in advance, or may, in his discretion, require such person to give security for the costs, and then require such officers to perform such service, and it shall be the duty of such officers to obey such order of the county judge, so made. 2852. SEC. 21. Every officer, whose fees are herein ascertained, shall publish, and set up in his office, fair tables of his fees, according to this act, in some conspicuous place, for the inspection of all persons who have business in his office, upon pain of forfeiture, for each day, a sum not exceeding twenty dollars, which may be recovered by any person, by action before any justice of the peace of the same county, with costs. [SEC. 22 to Sec. 32, inclusive, are the same as Sec. 61 to Sec. 71, inclusive, of the act of April 10, 1855, given, ante, 2730 to 2740, inclusive.] 2853. SEC. 33. No other fees shall be charged except those specially set forth herein, nor shall fees be charged for any other service than those mentioned in this act, except as hereinafter provided. 2854. SEC. 34. It shall be the duty of each and every of said officers herein before mentioned, to keep, severally, a book, to be called a "Fee-Book," in their respective offices, open to the inspection of any one desiring to inspect the same; in which book shall be stated the fee charged, and the case in which they are charged; and it shall be the duty of the district attorney to inspect said books at least once in every three months, and the foreman of any grand jury shall also have the same before him, and shall examine the same. 2855. SEC. 35. The provisions of sections thirty-one and thirty-two, of this act, shall extend to all actions and proceedings brought in the name of the attorney general or any other person or persons, for the benefit of the State. SEC. 36. All acts, and parts of acts, in conflict with the provisions of this act, so far as they apply to the County of Nevada, are hereby repealed. SEO. 37. This act shall take effect and be in force from and after the first Monday in October, one thousand eight hundred and fifty-nine. XI. FEES IN AMADOR COUNTY. An Act to regulate the fees of certain officers in Amador County. Approved April 6, 1859, 159. 2856. SECTION 1. Such fees are allowed to the officers herein named, for their services rendered in discharging the duties imposed on them by law, as herein provided, and such officers may lawfully charge, demand, and receive the same. 2857. SEC. 2. The fees of the clerk of the district court shall be as follows: For entering each suit on the register of actions, and making the necessary entries therein, for each folio, twenty-five cents. For issuing every writ or process, under seal, seventyfive cents. For issuing a subpoena, for each witness, fifteen cents. For filing each paper, fifteen cents. For entering every motion, rule, oder, or default, thirty-five cents. For entering every discontinuance, dismissal, or non-suit, thirty-five cents. For entering every cause on the calendar, and making a copy for the bar, for each term of the court, seventy-five cents. For calling and swearing every jury, seventy-five cents. For receiving and entering each verdict of a jury, seventy-five cents. For entering every final judgment, for the first folio, one dollar; for each subsequent folio, twenty-five cents. For filing judgment-roll, twenty-five cents. For entering judgment on judgment-docket, thirty-five cents. For entering satisfaction of judgment, seventyfive cents. For administering every oath or affirmation, twenty cents. For certifying every oath or affirmation, twenty cents. For copy of any proceeding, record, or paper, for each folio, twenty-five cents. For every certificate under seal, seventy-five cents. For searching the files of each year, in his office-but not to charge suitors or attorneys-seventy-five cents. For issuing every commission to take testimony, seventyfive cents. For taking down testimony of witnesses during trial, for each folio, twentyfive cents. For issuing every execution or other final process, seventy-five cents. For issuing every decree, or order of sale of mortgaged property, seventy-five cents. For issuing writ of injunction or attachment, seventy-five cents. For entering judgment by confession, the same fees as in other cases for entering judgment. For receiving and filing every remittitur from supreme court, and accompanying papers, fifty cents. For taking each bond required by law, fifty cents; for justification thereto, fifty cents. For acknowledgment of deed or other instrument, including all writing and the seal, for each name thereto, seventy-five cents. When the court is sitting as a court of criminal jurisdiction, he shall receive, for the trial of each issue, three dollars. He shall receive no other fee, for any services whatever, in a criminal action or proceeding, except for copies of papers, for each folio, twenty-five cents. 2858. SEC. 3. The fees of the clerk of the county court shall be allowed as follows: Clerk of the For filing all the papers sent on appeal from justices' courts, in each cause, one dollar. county court. For all other services, the same fees as are allowed in the district court for similar services. 2859. SEC. 4. The clerk of the court of sessions shall receive the same fees as are Clerk of the allowed the clerk of the district court in criminal cases. court of sessions. 2860. SEC. 5. The fees of the clerk of the probate court shall be as follows: For Clerk of the issuing letters testamentary, or of administration, seventy-five cents. For certificate probate court. of appointment of appraisers or guardians, seventy-five cents. For writing and posting notices when required, for each copy, fifty cents. For notice given by publication, in addition to the cost of publication, fifty cents. For recording wills, for each folio, twenty-five cents. For all other services, the same fees as are allowed the clerk of the district court for similar services. 2861. SEC. 6. The fees of the county recorder shall be as follows: For recording County recorder any instrument, paper, or notice, when required, for each folio, twenty-five cents. For copies of any record or paper, per folio, twenty-five cents. For filing or receiving. every instrument for record, and making the necessary entries thereon, twenty-five cents. For making in the several indexes required, all the entries required of the filing and recording any instrument, paper, or notice, for every such instrument, paper, or notice, twenty-five cents. For every certificate, under seal, to copies of records or papers in his office, when required, fifty cents. For every entry of discharge of mortgage on margin of record, twenty-five cents. For searching records and files of each year, in his office, when required, twenty-five cents. For abstract or certificate of title, when required, for each conveyance or incumbrance certified, seventy-five cents. For recording every town plat, for every course, fifteen cents. For figures and lettering plats and maps, per folio, seventy-five cents. For taking and writing acknowledgments, including seal, for each signature, fifty cents. For filing and entering a minute of certificate of sheriff's sale, twenty-five cents. For filing and entering a minute of certificate of tax sale, twenty-five cents. For recording marriage certificate, seventy-five cents. For filing and keeping each paper not required to be recorded, and indorsing the same, if required, twenty-five cents. 2862. SEC. 7. The fees of the sheriff shall be as follows: For serving a summons Sheriff. and complaint, or any other process by which an action or proceeding is commenced, on every defendant, one dollar and fifty cents. For traveling in making such service, per mile, in going only, to be computed in all cases from the court-house of the county, thirty cents; provided, that if any two or more papers require to be served in the same Proviso. suit, at the same time, one mileage only shall be charged. For taking bond or undertaking in any case in which he is authorized to take the same, one dollar. For copy of any writ, process, or other paper, when demanded or required by law, for each folio, twenty-five cents. For serving every notice, rule, or order, seventy-five cents. For serving a subpœna, for each witness summoned, twenty-five cents. For traveling, per mile, in serving each subpoena or venire, in going only, but when two or more witnesses or jurors live in the same direction, traveling fees shall be charged only for the most distant, thirty cents. For serving an attachment on property, or levying an execution, or executing an order of arrest, or order for the delivery of personal property, and with traveling fees, as on a summons, two dollars. For serving an attachment upon any ship, boat, or vessel, in proceedings to enforce any lien thereon created by law, three dollars. For making and posting notices and advertising property for sale on execution or under any judgment or order of sale, not to include the cost of publication in newspaper, two dollars. For commissions for receiving and paying over money on execution or process, when lands or personal property has been levied on, advertised and sold, on the first one thousand dollars, three per cent; on all sums above that amount, one and half per cent. For commissions for receiving and paying over money on execution without levy, or when the land or goods levied on shall not be sold, two per cent. on the first one thousand dollars, and one and a half per cent. on all over that sum. The fees herein allowed for the levy of an execution, and for advertising, and for making or collecting the money on an execution, shall be collected from the defendant by virtue of such execution, in the same manner as the sum therein directed to be made. For drawing and executing every sheriff's deed, to be paid for by the grantee, who shall, in addition, pay for the acknowledgments thereof, three dollars. For serving a writ of possession or restitution, putting any person entitled into the possession of premises, and removing the occupant, three dollars. For travel in the service of any process not hereinbefore mentioned, for each mile necessarily traveled, in going only, thirty cents. For attending, when required, on any court, in person or by deputy, for each day, to be paid out of the county treasury, four dollars. For bringing up a prisoner on habeas corpus, to testify or answer in any court, or for examination as to the cause of his arrest and detention, or to give bail, one dollar and fifty cents. He shall also receive, for his trouble and expense in taking possession of property under attachment or execution, or other process, and in preserving the same, such compensation as the court from which the writ or order may issue, shall certify to be just and reasonable. For holding each inquest or trial of right of property, when required, to include all service in the matter except mileage, four dollars. For attending on supreme court, either in person or by deputy, to be paid out of the State treasury as other claims, for each day, four dollars. For making every arrest in a criminal proceeding, two dollars. For serving each subpoena, in criminal proceedings, twenty-five cents. For executing every sentence of death, thirty-five dollars. For summoning a grand jury of twenty-four, twelve dollars. For summoning each trial jury of twelve persons, five dollars. For each additional juror, thirty cents. For service of any process in criminal cases, for each mile necessarily traveled, fifteen cents; and the same mileage for taking prisoners before a magistrate, or to prison. In serving subpoenas or venires in criminal cases, he shall receive mileage for the most distant only, when witnesses or jurors live in the same direction. For all services in justices' courts, the same fees allowed to constables. 2863. SEO. 8. The first, fifth, sixth, seventh, eighth, ninth, and tenth sections of an act entitled an act to regulate fees in office, approved April tenth, one thousand eight hundred and fifty-five, so far as the same applies to the County of Amador, are hereby repealed; but nothing herein contained shall be deemed to affect the other provisions of said act applicable to said county; but such provisions shall apply and extend to the officers and fees herein named. SEC. 9. This act shall take effect at the expiration of the terms of office of the present incumbents. [The act of April 10, 1855, 81, given, ante, 2689 from Sec. 4, ante, 2692, to Sec. 22, ante, 2710, inclusive, and from Sec. 60, ante, 2729, to the end, ante, 2743, where not conflicting with the foregoing act, is in force in Amador County.] 404 XII. FEES IN SAN DIEGO COUNTY. An Act to regulate the fees of the county clerks of Los Angeles (*) and San Diego Counties. 2864. SECTION 1. Such fees are allowed to the county clerks of Los Angeles and San Diego Counties for their services rendered in discharging the duties imposed on them by law as herein provided, and said county clerks may lawfully charge, demand, and receive, the same. district court. 2865. SEC. 2. For entering each suit on the clerk's register of action, fifty cents. Fees of clerk of For making the necessary entries thereon during the trial, for each folio, thirty cents. For issuing each subpoena for each witness, twenty-five cents. For issuing each commission to take testimony, one dollar. For issuing a writ of attachment, or summons, or other writ of process under seal, seventy-five cents. For issuing every execution or other final process under seal, seventy-five cents. For entering return of attachment, execution, or other process, fifty cents. For entering each suit in plaintiff index, fifty cents. For issuing every decree or order of sale of mortgaged property or writ of injunction, for the first folio, seventy-five cents, and for each subsequent folio, thirty cents. For filing each paper, twenty-five cents. For calling and swearing jury, seventy-five cents. For entering appearance, fifty cents. For entering every motion, rule, order, default, discontinuance, dismissal, or non-suit, fifty cents. For receiving and entering each verdict of a jury, seventy-five cents. For polling each jury, fifty cents. For entering every cause on the calendar and making a copy thereof for the bar, one dollar. For entering every final judgment, for the first folio, one dollar; for each subsequent folio, thirty cents. For each entry of judgment on judgment-docket, fifty cents. For each entry of satisfaction of judgment, seventy-five cents. For filing judgment-roll, fifty cents. For copy of any proceeding, record, or paper, for each folio, thirty cents. For every certificate or attestation under seal, seventy-five cents. for administering every oath or affirmation, twenty-five cents. For certifying every oath or affirmation, twenty-five cents. For taking down testimony of witnesses during trial, for each folio, thirty cents, to be paid by the party requiring the same. For receiving and filing every remittitur from supreme court and accompanying papers, one dollar. For entering judgment by confession, the same fees as in other cases of entering judgment. For taking each bond required by law, seventy-five cents. For taking justification to bond, for each name thereto, fifty cents. For acknowledgment of deed or other instrument, including all writing and seal, for the first name thereto, one dollar; for each additional name, twenty-five cents. For searching the files of each year in his office, but not to charge suitors or attorneys, fifty cents. For copies of all papers and records, for each folio, thirty cents. For the trial of each issue, when the charge is felony, five dollars; when the charge is misdemeanor, three dollars. For all other services he shall receive one-half of the same fees as are allowed for similar services in civil cases. court. 2866. SEO. 3. For issuing letters testamentary or of administration, seventy-five Clerk of probate cents. For certificate of appointment of appraisers and guardians, seventy-five cents. For writing and posting notices, when required, for each copy, seventy-five cents. For notice given by publication, in addition to the costs of publication, seventy-five cents. For recording wills, for each folio, thirty cents. For making in the index thereto all the entries required of the filing and recording the same, twenty-five cents. For all other services the same fees as are allowed the clerk of the district court for similar services. court. 2867. SEO. 4. For filing all the papers sent on appeal from justices' courts, in each Clerk of county case, two dollars. For all other services the same fees as are allowed the clerk of the district court for similar services. 2868. SEC. 5. The clerk of the court of sessions shall receive the same fees as are Clerk of court of allowed the clerk of the district court for similar services. sessions. 2869. SEC. 6. For filing any paper required, twenty-five cents. For recording any County clerk. instrument or paper when required, for each folio, thirty cents. For making in the several indexes all entries required of the filing and recording any instrument, paper, or notice, twenty-five cents. For all other services the same fees as are allowed the clerk of the district court for similar services. () Repealed as to Los Angeles County by act, approved April 6, 1861, 103. County recorder. County auditor. Clerk of board of supervisors. Mileage of officers. Sherif 2870. SEC. 7. For recording every instrument, paper, or notice, when required, in the English language, for each folio, thirty cents. In the Spanish language, for each folio, fifty cents. For filing and receiving every instrument or paper for record, twenty-five cents. For making the necessary entries in every instrument, paper, or notice filed for record, fifty cents. For filing and keeping each paper not required to be recorded, and indorsing the same, fifty cents. For making in the several indexes the entries required of the filing and recording any instrument, paper or notice, for each entry, twenty-five cents. For every certificate or attestation under seal, seventyfive cents. For every entry or discharge of mortgage on margin of record, fifty cents. For indexing every satisfaction of mortgage, twenty-five cents. For searching records and files of each year in his office, fifty cents. For abstract or certificate of title, when required, for each conveyance or incumbrance certified, one dollar. For recording every plat or map, for every course, thirty cents. For figures and lettering plats and maps, for each folio, one dollar. For acknowledgment of deed or other instrument, including all writing and seal, for the first name thereto, one dollar. For each additional name, twenty-five cents. For entering a minute of sheriff sale, fifty cents. For filing and recording every marriage certificate, or record of birth, death, or the appointment of executors or administrators upon the estate of deceased parties, one dollar. For recording every mark, brand, or counter-brand, two dollars. For copies of papers and records, the same fees as are allowed for recording the same. 2871. SEC. 8. The county auditor shall receive for all services rendered by him, in the discharge of the duties imposed on him by law, for each folio, twenty-five cents. For services in examining, settling, and adjusting, the accounts of the county treasurer, sheriff, assessor, tax collector, or any other revenue officer, upon the days required by law, for each day so employed, six dollars. For filing and indorsing each paper, twenty-five cents. For all other services, the fees as are allowed the county clerk for similar services. 2872. SEC. 9. The clerk of the board of supervisors, the clerk of the board of canvassers, and the clerk of the board of equalization, shall receive for each day's attendance on said board, the sum of six dollars, together with such other compensation for his services, while the board of supervisors are not in session, as the said board may allow. 2873. SEC. 10. So much of an act of the legislature of the State of California enti tled "An Act to regulate fees in office in certain counties in this State," approved April twenty-fifth, one thousand eight hundred and fifty-seven, and all other acts amendatory thereof and acts heretofore passed, so far as the same relate to the fees herein provided for the counties of San Diego and Los Angeles, are hereby repealed. SEO. 11. This act shall take effect and be in force from and after its passage. [The act of April 10, 1855, heretofore given, from Sec. 23 to Sec. 40, inclusive, and from Sec. 60 to the end, where not in conflict or inconsistent with the foregoing act, is in force in San Diego County.] XIII. FEES IN TULARE COUNTY. An Act fixing traveling fees in Tulare County. Approved April 16, 1856, 97. 2874. SECTION 1. The traveling fees of sheriffs, constables, supervisors, jurors, witnesses, carriers of election returns, and all other persons allowed mileage by law, shall be for each mile necessarily traveled, in going only, at the rate of twenty-five cents per mile. An Act to amend "An Act to regulate fees in office," approved April 10, 1855. Approved April 8, 1858, 121. 2875. SECTION 1. The sheriff of the County of Tulare shall be entitled to charge and receive the same rates of fees in civil and criminal cases as are allowed to the sheriff of Mariposa County for similar services. SEO. 2. All acts or parts of acts, in conflict or inconsistent with the provisions of this act, are hereby repealed. [The act of April 10, 1855, from Sec. 23 to Sec. 40, inclusive, and from Sec. 60 to the end, where not in conflict or inconsistent with the foregoing acts, is in force in Tulare County. In regard to the sheriff's fees, Sec. 10 of the act of April 10, 1855, is in force.] |