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Coroners.

Constables.

Witnesses.

County auditor.

Judges and clerks of elections.

Justices of the peace.

twenty cents; and the same mileage for taking prisoner before a magistrate, or to prison. In serving subpoena or venire in criminal cases, he shall receive mileage for the most distant only, where witnesses and jurors live in the same direction. For all service in justices' courts, the same fees as are allowed to constables in like cases.(*) 2894. SEC. 9. All services in summoning jury of inquest, three dollars. For swearing a jury, one dollar. For issuing a warrant of arrest, fifty cents. For issuing subpœna, twenty-five cents. For each mile necessarily traveled in going to the place of the dead body, twenty-five cents; which fees, in all inquests, shall be paid out of the county treasury, as other demands. For all services rendered by them, when acting as sheriffs, the same fees as are allowed to sheriffs for similar services. For swearing each witness, twenty-five cents. For taking down the testimony of each witness, per folio, twenty cents.

2895. SEC. 10. For serving summons in a civil suit, for each defendant, one dollar. For summoning a jury before a justice of the peace, one dollar and fifty cents. For taking a bond required to be taken, fifty cents. For summoning each witness, twentyfive cents. For serving an attachment against the property of a defendant, one dollar. For summoning and swearing a jury to try the rights of property and taking the verdict, two dollars. For receiving and taking care of property on execution, attachment or order, his actual necessary expenses, to be allowed by the justice who issued the execution, upon the affidavit of the constable that such charges are correct, and the expenses necessarily incurred. For collecting all sums on execution, two per cent., to be charged against the defendant in the execution. Constables shall receive in serving summons, attachment, order, execution, venire, notice and subpoena, in civil cases, for each mile necessarily traveled, in going only, but when two or more persons are served in the same suit, mileage shall only be charged for the most distant, if they live in the same direction, thirty cents. For serving a warrant or order for the delivery of personal property, or making an arrest in civil cases, one dollar. For service and trial in criminal cases, the same fees as sheriffs for similar services. For all other services, except attending court, the same fees as are allowed to sheriffs for similar services.

2896. SEC. 11. Fees of witnesses for attending in any civil suit, or proceeding before any court of record, referee, commissioner, or justice of the peace, for each day, two dollars; for traveling to the place of trial, for each mile, twenty cents. No person shall be obliged to testify in a civil action unless his fees for attendance have been tendered him, or he shall not have demanded the same; no person shall be obliged to attend as a witness in any civil action or proceeding without the county in which he resides, unless the distance be less than thirty miles from his place of residence to the place of trial. [Amendment, approved April 12, 1859, 220.

2897. SEC. 12. For filing treasurer's receipts and issuing license, to be paid by the party, twenty-five cents.

2898. SEC. 13. For each day's attendance at any general or special election, the inspector, judges and clerks of election, shall each receive two dollars, to be audited and paid out of the county treasury, as other charges against the county.

2899. SEC. 14. For filing each paper, twenty-five cents. Issuing any writ or process by which suit is commenced, fifty cents. For entering each cause upon his docket, fifty cents. For subpoena to each witness, twenty-five cents. For administering an oath or affirmation, twenty-five cents; for certifying the same, twenty-five cents. For each certificate, twenty-five cents. For issuing writ of attachment, or of arrest, or for the delivery of property, one dollar. For entering any final judgment, per folio, for the first folio, one dollar; for each additional folio, twenty cents. For taking and approving any bond or undertaking, directed by law to be taken or approved by him, twenty-five cents. For taking justification to a bond, fifty cents. For swearing a jury, fifty cents. For taking depositions, per folio, twenty cents. For entering satisfaction of a judgment, twenty-five cents. For copy of judgment, order, docket, proceedings, or paper in his office, for each folio, twenty cents. For transcript of judgment, per folio, twenty cents. For issuing commission to take testimony, one dollar. For issuing supersedeas to an execution, twenty-five cents. For making up and transmitting transcript and papers on appeal, two dollars. For issuing search warrant, one dollar. For issuing an execution, twenty-five cents. For celebrating marriage and returning certificate thereof to the recorder, five dollars. For all service and proceed

(*) The sheriff of San Mateo County was, by act approved April 13, 1859, 228, allowed to charge and receive for mileage in Serving any process or order of any court in civil business, fifty cents per mile, in going only, the distance to be computed

from the court-house. This act is supposed to have been virtually repealed by the amendment of the first section of the above act on April 8, 1862; and that the fees of the sheriff are now as prescribed in the text.

ings before a justice of the peace in a criminal action or proceeding, whether on examination or trial, three dollars. For taking bail after commitment in criminal cases, one dollar. For entering cause without process, one dollar. For entering judgment by confession, and only on affidavit as required in the district court, three dollars. For entering every motion, rule, order, verdict or default, twenty-five cents. For services as associate justice of the court of sessions, four dollars per day.

translators.

2900. SEC. 15. Interpreters and translators may be allowed such compensation for Interpreters and their services as the court shall certify to be necessary and just, to be taxed and collected as other costs, but the same shall not exceed five dollars per day.

surveyor.

2901. SEC. 16. For the first mile actually run with compass and chain, three dollars; County for each succeeding mile, two dollars. For each mile run with compass alone, one dollar and fifty cents. For each lot laid out and platted, in any city or town, one dollar and fifty cents. For recording a survey, one dollar. For calculating the quantity of each division made in a tract of land, town lots excepted, one dollar. For traveling to the place of survey, for each mile, in going only, thirty cents; the distance shall be computed from his place of residence or from where his office is kept to the place of survey; and if the county surveyor shall be required and duly notified, verbally or otherwise, to make other surveys while in the discharge of his official duty in the field, he shall only be entitled to mileage from the place last surveyed by him; but if the distance shall be greater from the place last surveyed, where his services are required, he shall only be entitled to mileage from the county-seat of the county in which he lives; and in no case shall constructive mileage be allowed. For ascertaining the location of every town lot in an old survey, and measuring and marking the same, two dollars. For copies and certificates, per folio, twenty cents. For erecting a monument at the corner of any survey, when required, one dollar. For copy of a plat of any survey, and certificate required by law, to be transmitted to the surveyor general, one dollar; to be paid by the party requiring the survey. Expenses of assistants shall be an additional charge, to be agreed upon between the parties.(")

[Sec. 17, which provided certain fees for the probate judge was repealed by act approved May 9, 1861, 361.]

2902. SEC. 18. All acts and parts of acts in conflict or inconsistent with the pro- Repeal visions of this act, so far as the same relate to the counties named in the first section

of this act, are hereby repealed.

SEC. 19. This act to take effect and be in force from and after the first day of October, one thousand eight hundred and fifty-seven.

2903. SEC. 20. Jurors shall be paid as provided for in section thirty-three of An Jurors. Act to regulate fees in office, approved April tenth, eighteen hundred and fifty-five, and the miscellaneous provisions and section forty of said act shall apply to the counties herein named.(') [Amendment, approved May 9, 1861, 361.

An Act concerning jurors in the County of Humboldt.(*)

Approved February 26, 1859, 51.

2904. SECTION 1. In addition to the fees now allowed by law to jurors in the Mileage allowed. County of Humboldt, all persons summoned to attend the district court, county court,

or court of sessions therein, shall receive the sum of twenty cents for every mile necessarily traveled in obedience to such summons, from his place of residence to the county-seat.

criminal cases.

2905. SEC. 2. The mileage fees of grand jurors and trial jurors in criminal cases Grand jurors and shall be paid by the county treasurer of said county upon allowance by the board of trial jurors in supervisors and warrants of the county auditor; provided, that no warrant shall be Proviso. issued for mileage under the provisions of this act, except upon the certificate of the clerk of the court before which such juror shall have attended as such, giving the number of miles traveled.

2906. SEC. 3. The mileage of trial jurors in civil cases, in the district and county courts Mileage in civil of said county, shall be assessed, pro rata by the courts, respectively, against all suitors cases. in said courts at each term demanding a jury trial, which assessment shall in all cases be paid before the jury is sworn; the assessment for mileage made by the court may be embraced in the cost bill of the party paying the same, and shall be taxed as other costs, with the judgment, in all cases tried by jury.

(*) The fees of the county surveyor of Napa County were, by act approved April 10, 1862, 230, provided to be the same as prescribed in Sec. 37 of the act of April 10, 1855, as amended by act of April 1, 1856.

The fees of the county surveyor of Humboldt County were, by act approved February 10, 1858, 19, provided to be the same

as prescribed in Sec. 87 of the act of April 10, 1855 except as to mileage for going to the place of survey, which is to be as above prescribed.

(') (See next act for jurors in Humboldt County.)

(e) Attention is called to the fact that the amendment of Sec. 20 of the preceding act was later than the date of the above act.

Fees of notaries public.

Clerk of district court.

Clerk of county court.

Clerk of probate

court.

XVIII.

FEES IN ALAMEDA COUNTY.

An Act to regulate the fees of officers in the County of Alameda.

Approved April 25, 1863, 544.

2907. SECTION 1. In the county of Alameda such fees are allowed to the officers hereinafter mentioned, for their services rendered in discharging the duties imposed upon them by law, as herein provided, and such officers may lawfully charge, demand, and receive the same:

2908. SEC. 2. For drawing and copying every protest for the non-payment of a promissory note, or for the non-payment or non-acceptance of a bill of exchange, draft, or check, one dollar. For drawing and serving every notice of non-payment of a promissory note, or the non-acceptance or non-payment of a bill of exchange, order, draft, or check, seventy-five cents. For recording every protest, seventy-five cents. For drawing an affidavit, deposition, or other paper, for which provision is not herein made, for each folio, fifteen cents. For taking an acknowledgment or proof of a deed or other instrument, to include the seal and the writing of the certificate, for the first signature, one dollar, and for each additional signature, fifteen cents. For administering an oath or affirmation, twenty cents. For every certificate, to include writing the same, and the seal, seventy-five cents.

cents.

2909. SEC. 3. For entering each suit on the clerk's register of actions, and making the necessary entries therein during the progress of the trial, for each folio, fifteen For issuing every writ or process, under seal, forty cents. For issuing subpœna for one or more witnesses, twenty cents. For filing each paper, fifteen cents. For entering every motion, rule, order, or default, twenty cents. For entering every discontinuance, dismissal, or nonsuit, twenty cents. For entering every cause on the calendar, and making a copy thereof for the bar, for each term of the court, twenty cents. For calling and swearing every jury, forty cents. For receiving and entering each verdict of a jury, forty cents. For entering every final judgment, for the first folio, seventy-five cents; for each subsequent folio, fifteen cents. For filing judgmentroll, twenty cents. For entering judgment on judgment-docket, twenty cents. For entering satisfaction of judgment, forty cents. For administering every oath or affirmation, fifteen cents. For certifying every oath or affirmation, fifteen cents. For copy of any proceeding, or record of paper, for each folio, fifteen cents. For every certificate under seal, forty cents. For searching the files of each year in his office (but not to charge suitors and attorneys), twenty-five cents. For issuing every commission to take testimony, forty cents. For taking down testimony of witnesses during the trial, for each folio, fifteen cents, to be paid by the party requiring the same, For issuing every execution or other final process, forty cents. For issuing every decree or order of sale of mortgaged property, forty cents. For issuing writ of injunction or attachment, forty cents. For entering judgment by confession, the same fees as in other cases of entering judgment. For receiving and filing every remittitur from supreme court, and accompanying papers, forty cents. For taking each bond required by law, forty cents; for taking justification thereto, thirty cents. For acknowledgment of deed or other instrument, including all writing, and the seal, for the first name thereto, seventy-five cents, and each additional name, fifteen cents. When the court is sitting as a court of criminal jurisdiction, he shall receive for the trial of each issue, when the charge is misdemeanor, three dollars. He shall receive no other fee for any service whatever in a criminal action or proceeding, except for copies of papers, for each folio, fifteen cents. For the trial of each issue, when the charge is felony, four dollars.

2910. SEC. 4. For filing all the papers sent on appeal from justice's court, in each cause, and making the necessary entries concerning the same, one dollar and fifty cents. For all other services, the same fees as are allowed in the district court for similar services.

2911. SEC. 5. For issuing letters testamentary, or of administration, forty cents. For certificate of appointing appraisers or guardians, forty cents. For writing and posting notices, when required, for each copy, forty cents. For recording wills, per folio, fifteen cents. For all other services, the same as are allowed the clerk of the district court for similar services. For notice given by publication, in addition to the cost of publication, forty cents.

2912. SEC. 6. For recording any instrument, paper or notice, when required, for County recorder. each folio, fifteen cents. For copies of any record, or paper, per folio, fifteen cents. For filing or receiving every instrument for record, and making the necessary entries thereon, fifteen 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 cents. For every certificate, under seal, to copies of papers or records in his office, when required, forty cents. For every entry of discharge of mortgage on margin of record, forty 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, fifteen cents. For recording every town plat, for every course, ten cents. For figures, and lettering plats and maps, per folio, twenty-five cents; provided, the fees for record- Proviso. ing any town plat shall not exceed the sum of one hundred dollars. For taking and writing acknowledgments, including seal, for the first signature, seventy-five cents; for each additional one, twenty cents. For filing and entering a minute of certificate of sheriff's sale, forty cents. For filing and entering a minute of certificate of tax sale, forty cents. For recording marriage certificate, two dollars. For filing and keeping each paper, not required to be recorded, and indorsing same, if required, twenty cents.

2913. SEC. 7. For filing each treasurer's receipt, and issuing licenses, to be paid by County auditor. the party, twenty cents.

peaco.

2914. SEC. 8. For filing each paper, twenty-five cents. Issuing any writ or pro- Justices of the cess by which suit is commenced, fifty cents. For entering each cause upon his docket, fifty cents. For subpoena to each witness, twenty-five cents. For administering an oath or affirmation, twenty-five cents. For certifying the same, twenty-five cents. For each certificate, twenty-five cents. For issuing writ of attachment, or of arrest, or for the delivery of property, one dollar. For entering any final judgment, for the first folio, one dollar; for each additional folio, twenty-five cents. For taking and approving any bond or undertaking required by law to be taken or approved by him, fifty cents. For taking justification to a bond, fifty cents. For swearing a jury, fifty cents. For taking depositions, per folio, twenty cents. For entering satisfaction of a judgment or suit, twenty-five cents. For copy of order, judgment, docket, proceeding, or papers in his office, for each folio, twenty cents. For transcript of judgment, per folio, twenty cents. For issuing commission to take testimony, one dollar. For issuing supersedeas to an execution, twenty-five cents. For making up and transmitting transcript and papers on appeal, or on transfer of an action, two dollars. For issuing search warrant, one dollar. For issuing an execution, twenty-five cents. For celebrating a marriage and returning certificate to the recorder, five dollars. For all services in a criminal action or proceeding, whether on examination or trial, three dollars. For taking bail after commitment in criminal cases, one dollar. For entering cause without process, one dollar. For entering judgment without process, by confession, and only on affidavit, as required in the district court, three dollars. For entering every motion, rule, order, verdict, or default, twenty-five cents. [Amendment, approved April 4, 1864; 1863-4, 438; took effect from passage.

2915. SEC. 9. For serving summons in a civil suit, for each defendant, one dollar. Constables. For summoning a jury before a justice of the peace, one dollar and fifty cents. For taking a bond when required, fifty cents. For serving a subpoena, for each witness, twenty-five cents. For serving an attachment against property, one dollar. For summoning and swearing a jury to try the right of property, and taking the verdict, two dollars. For taking care of property on attachment, execution, or order, his actual necessary expenses, to be allowed by the justice who issued the same, upon the affidavit of the constable that such charges are correct, and the expenses necessarily incurred. For collecting all sums on execution, two per cent., to be charged against the defendant in the execution. They shall receive for traveling fees, in all civil cases, at the rate of thirty cents per mile, in going only, for the distance necessarily traveled in such service; but when several persons are served in one direction, he shall only charge for the most distant. For serving a warrant, or order for the delivery of personal property, or making an arrest in civil cases, one dollar. For services and trial in criminal cases, the same fees as are allowed to sheriffs for similar services, except attending court. [Amendment, approved April 4, 1864; 1863-4, 438; took effect from passage.

veyor.

2916. SEC. 10. For the first mile actually run with compass and chain, two dollars County surand fifty cents. For each succeeding mile, one dollar and seventy-five cents. For each mile run with compass alore, one dollar and twenty-five cents. For each lot laid

Sheriff.

out and platted, in any city or town, one dollar and twenty-five cents. For recording
a survey, seventy-five cents. For calculating the quantity of each division made in a
tract of land, town lots excepted, seventy-five cents. For traveling to the place of
survey, for each mile, in going only, twenty-five cents; the distance shall be computed
from his place of residence, or from where his office is kept, to the place of survey;
and if the county surveyor shall be required and duly notified, verbally or otherwise,
to make other surveys while in the discharge of his official duty in the field, he shall
only be entitled to mileage from the place last surveyed by him; but if the distance
shall be greater from the place last surveyed, where his services are required, he shall
only be entitled to mileage from the county-seat of the county in which he lives; and
in no case shall constructive mileage be allowed. For ascertaining the location of
every town lot in an old survey, and measuring and marking the same, one dollar and
fifty cents. For copies and certificates, per folio, fifteen cents. For erecting a monu-
ment at the corner of any survey, when required, one dollar. For erecting a monu-
ment when running a line at a variation or offset, when required, fifty cents. For
copy of plat of any survey and certificate required by law to be transmitted to the
surveyor general, one dollar, to be paid by the party requiring the survey; expenses
of assistants shall be an additional charge, to be agreed upon between the parties.
SEC. 11. This act shall be in force from and after the first Monday in March, one
thousand eight hundred and sixty-four.

SEC. 12. All acts and parts of acts in conflict or inconsistent with the provisions of this act, so far as the same relates to the fees of the officers herein before named in the County of Alameda, are hereby repealed.

An Act amendatory and supplementary to the foregoing act of April 25, 1863.

Approved April 4, 1864; 1863-4, 438.

[SECTIONS 1 and 2 contain the amendments to Secs. 8 and 9 of the act of April 25, 1863, therein inserted.]

2917. SEC. 3. The sheriff of said county shall be allowed to charge and receive for his services the following fees: For serving summons and complaint, or any other process by which action or proceeding is commenced, on each defendant, one dollar. For traveling to make such service, per mile, in going only, to be computed in all cases from the court-house of the county, fifty cents. For taking bond or undertaking, when required, one dollar. For copy of any writ, process, or other paper, when demanded or required by law, for each folio, thirty cents. For serving every notice, rule, or order, one dollar. For serving a subpoena, for each witness summoned, fifty cents. For travel in serving a subpoena or venire, per mile, in going only (but when two or more live in the same direction, traveling fees shall be charged only for the more distant), fifty 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 summons, two 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 a newspaper, three dollars. For commissions for receiving and paying over money on execution or process where lands or personal property have been levied upon, advertised, and sold, on the first thousand dollars, four per cent.; on all sums above that amount, two per cent. For commissions for receiving and paying over money on execution or process without levy, or where the property levied shall not be sold, three per cent. on the first thousand dollars; for all over, one per cent. These amounts shall be levied against the defendant in the execution, in the same manner as the judgment is levied. For drawing and executing a sheriff's deed, to be paid for by the grantee, five dollars. For serving a writ of possession or restitution, five dollars, with fifty cents per mile for the distance traveled in serving the same. For attending when required, by himself or deputy, on any court of record, for each day, to be paid out of the county treasury, five dollars. For bringing up a prisoner on habeas corpus, or as a witness in any court, or to give bail, one dollar. For taking care of property under attachment or execution, or for taking charge of and transporting persons under arrest, he shall receive all his necessary expenditures, to be allowed by the court. For holding each inquest or trial of right of property, when required, to include all service in the matter, five dollars. For making each arrest in a criminal proceeding, two dollars. For serving each subpœna in criminal proceedings, fifty cents. For executing each sentence of death, twenty dollars. For summoning a grand jury, twelve dollars. For summoning a trial jury, six dollars. For each additional juror, twenty-five cents. Where a less

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