Constables.

order of arrest, or order for the delivery of personal property, one dollar and fifty cents, with traveling fees as on a summons; but no traveling fee shall be allowed on such attachment, order of arrest, or order for the delivery of personal property, when the same accompanies the summons in the suit, and may be executed at the time of the service of the summons, except for the distance actually and necessarily traveled beyond that required to serve the summons. For serving an attachment upon any ship, boat, or vessel, in proceedings to enforce any lien thereon created by law, one dollar and fifty cents. 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, one dollar. For commissions for receiving and paying over money on execution, or process, when land, or personal property, has been levied on, advertised and sold, on the first one thousand dollars, two per cent.; and on all sums above that amount, one per cent. For commissions for receiving and paying over money on execution without levy, or where the land, or personal property, levied on shall not be sold, two per cent. on the first one thousand dollars, and one per cent. on all over that sum. The fees herein allowed for the levy of an execution, and for advertising, and for making and collecting the money on an execution, shall be collected from the judgment debtor 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 acknowledgment thereof, three dollars. For serving a writ of possession, or restitution, putting any person entitled into possession of premises and removing the occupant, five dollars. For travel in the service of any process not herein before 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, three dollars, to be paid out of the county treasury. 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, fifty cents; and for traveling each mile from the jail, in going only, thirty cents. He shall also be allowed such further compensation for his trouble and expenses, in taking possession of property under attachment, or execution, or other process, and in preserving the same, 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 services in the matter, except mileage, three dollars. For attending on supreme court, either in person, or by dep uty, for each day, five dollars; to be paid out of the State treasury, as other claims. For making every arrest in a criminal proceeding, two dollars. For serving each subpoena in criminal proceedings, fifty cents. For executing every sentence of death, twenty dollars. For summoning a grand jury, eight dollars. For summoning each trial jury of twelve persons, four dollars. For each additional juror, twenty-five cents. For service of any process in criminal cases, for each mile necessarily traveled, twenty cents; and the same mileage for taking prisoners 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 services in justices' courts, the same fees as are allowed to constables in like cases. The sheriff, as tax collector, shall be allowed for his services required by law, for collecting and paying over the State and county taxes, three per cent. on all money collected and paid And it is hereby expressly declared and provided, that the sheriff of Los Angeles County shall, in no event whatsoever, receive for his services in the discharge of such duties as are required of him by law in criminal cases, a greater sum than fifteen hundred dollars per annum.

over.

2939. SEC. 10. For serving summons in civil suits, for each defendant, one dollar. For summoning a jury before a justice of the peace, fifty cents. For taking each bond required to be taken, fifty cents. For summoning each witness, twenty-five cents. For serving an attachment against the property of 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 (when in his opinion necessary), who issued the execution, attachment, or order, 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. twenty cents; 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. 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 sheriff for similar services. For all other services, except attending court, the same fees as are allowed to sheriffs for similar services; provided, that no constable shall Proviso, receive for services performed by him in criminal cases, legally chargeable to said county, a greater sum than five hundred dollars in the aggregate per annum, as his only compensation for such services.

peace.

2940. SEC. 11. For filing each paper, twenty-five cents. For entering each cause Justices of the on his docket, fifty cents. For issuing any written process by which suit is commenced, fifty cents. For issuing subpoena to each witness, twenty-five cents. For administering an oath, or affirmation, twenty-five cents; for certifying the same, twentyfive 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, fifty cents; 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 of bond, fifty cents. For swearing a jury, fifty cents. For taking depositions, per folio, twenty cents. For entering satisfaction of 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 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 justices of the court of sessions, four dollars per day. For all services and proceedings before justices of the peace, in a criminal action, or proceeding, whether on examination, or trial, three dollars; provided, that no justice shall receive for any services performed by him in Proviso. criminal cases, legally chargeable to said county, exclusive of services as associate justice of the court of sessions, a greater sum than five hundred dollars per annum.

2941. SEC. 12. For the first mile actually run by compass and chain, three dollars; County for each succeeding mile, two dollars. For each mile run with compass alone, one surveyor. 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 same. Expenses of assistants shall be an additional charge, to be agreed upon between the parties.

attorney.

2942. SEC. 13. The district attorney of the County of Los Angeles shall be allowed District for his services a salary of fifteen hundred dollars per annum, and the district attorney of the county of Santa Barbara shall be allowed for his services a salary of nine hundred dollars per annum, payable in the same manner as the salary of the county judge, out of the county treasury, and such fees as are now allowed by law, when the same can be collected of the defendant, but in no case whatsoever shall the said fees, so allowed by law, become a charge against the county.

additional

2943. SEO. 14. If the district attorney of the County of Los Angeles shall fail to at- Substitute and tend any term of the courts of said county, having criminal jurisdiction, in which counsel. criminal cases are pending, the court shall designate some other person to perform his duties during his absence from the court, who shall receive a reasonable compensation,

Proviso.

Interpreters and translators.

Jurors.

Witnesses.

Proviso.

County assessor.

Proviso.

Coroner.

Inspectors, judges and clerks of election.

Probate judge.

to be certified by the court and paid from the county treasury, which compensation, thus allowed, shall be deducted from the salary of the district attorney, by the auditor of the county; provided, however, that the board of supervisors of the County of Los Angeles shall have the power, at any time that in their opinion the interests of the public may demand it, to employ additional counsel to aid the district attorney of the county, and to pay therefor any sum agreed upon, not exceeding the sum of one thousand dollars per annum, for such services.

2944. SEC. 15. Interpreters and translators may be allowed such compensation for their services as the court shall certify to be necessary, or just, to be taxed and collected as other costs, but the same shall not exceed four dollars per day. No person shall be allowed any compensation whatever, for services as interpreter or translator, in criminal cases in courts of justices of the peace.

2945. SEC. 16. For each day, to be paid in civil cases by the party in whose favor the verdict is rendered, before the same shall be entered, but the same may be recovered as costs from the party losing the same, two dollars. If in any trial, in a civil case, before any court, the jury be, from any cause, discharged without finding a verdict, the fees of the jury shall be paid by the plaintiff, but may be recovered back as costs, if he afterwards obtain judgment. Until they are paid, no further proceedings shall be allowed in the action. No person shall be allowed any compensation for serving on coroner's inquest, a grand jury, or trial jury, in any criminal action or proceeding whatever.

2946. SEC. 17. 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 any civil action, unless his fees for attendance have been tendered him, or he shall not have demanded the same; and no person shall be obliged, in a civil action or proceeding, to attend as a witness 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, In criminal cases no witness fees shall be allowed in justices' courts, but in the district court and court of sessions, witnesses in criminal cases shall be allowed two dollars per day, for each day's actual attendance, and twenty cents per mile for traveling, one way only, from their residence to the county court-house; provided, however, they shall receive no traveling fees unless they reside more than five miles from the said court-house.

2947. SEC. 18. The county assessor and his deputies, shall each be allowed not less than the sum of five dollars per diem, while necessarily and actually employed in making the assessment and completing the assessment-roll of said county, to be audited by the board of supervisors; provided, that said board of supervisors may allow such additional compensation as in their exercise of a sound discretion they may deem just and proper.

2948. SEC. 19. For all services in summoning a jury of inquest, three dollars. For swearing a jury, one dollar. For issuing a warrant of arrest, fifty cents. For issuing subpoena, 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 him when acting as sheriff, the same fees as are allowed the sheriff for similar sevices. For swearing each witness, twenty-five cents. For taking down the testimony of each witness, per folio, twenty cents.

2949. SEC. 20. For each day's attendance at any general or special election, two inspectors, 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.

2950. SEC. 21. For every order or judgment, when not contested, one dollar; when contested, two dollars.

County judge as 2951. SEC. 22. Fees allowed for services rendered by the county judge, as probate probate judge. 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 to inspection by any county officer, or any person who may be interested therein. The county treasurer, in a book kept specially for that purpose, shall keep a full account of all money 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 any fees to his own use, except in such manner as is provided in this

section.

2952. SEO. 23. Any officer may refuse to perform any services in civil action, or Fees in advance. proceeding, until the fee for such service is paid by the party requiring the service; and no officer shall in any case be required to perform any services in any civil action, or proceeding, until all fees due and in arrears, in such action, or proceeding, are first paid; provided, that if any person shall make affidavit before the county Proviso. judge, setting forth that he has a 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 officer 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 services; and it shall be the duty of such officers to obey such order of the county judge so made.

MISCELLANEOUS PROVISIONS.

2953. SEC. 24. Every officer, whose fees are herein ascertained, shall publish and Tables of fees. set up in his office fair tables of his fees, according to this act, within one month after this act goes into effect, in some conspicuous place, for the inspection of all persons who have business in his office, upon pain of forfeiting 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.

[SECS. 25 to 35, inclusive, are the same as Secs. 61 to 71, inclusive, of the act of April 10, 1855, given, ante, 2730.]

2954. SEC. 36. No other fees shall be charged than those specially set forth herein, No other fees. nor shall any fees be charged for any other services than those mentioned in this act.

2955. SEC. 37. It shall be the duty of each and every of said officers hereinbefore mentioned, to keep severally a book, to be called a "Fee Book," in their respective Fee-book. offices, open to the inspection of any one desiring to inspect the same, in which book shall be stated the fees charged, and the services for, and the title of 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 each and every grand jury shall also have the same before him, and shall examine the same.

2956. SEC. 38. The provisions of section thirty-six and thirty-seven of this act shall State actions. 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.

2957. SEC. 39. An act entitled An Act to regulate the fees of the county clerks of Acts repealed. Los Angeles and San Diego Counties, which became a law by operation of the constitution, April twenty-seventh, eighteen hundred and sixty, and section one hundred and eleven of an act entitled An Act to provide revenue for the support of the government of this State, approved April twenty-ninth, eighteen hundred and fifty-seven, excepting and reserving so much of said section as relates to the office of county treasurer, and an act entitled An Act to regulate fees in office in certain counties of this State, approved April twenth-eighth, eighteen hundred and fifty-seven, excepting and reserving section two of said act, relating to fees of notaries public, and an act entitled An Act to regulate fees in office, approved April tenth, A. D. eighteen hundred and fifty-five, and an act entitled An Act concerning the office of district attorney for the Connty of Los Angeles, approved February sixth, A. D. eighteen hundred and fifty-six, and section six hundred and ninety-two of an act entitled An Act to regulate proceedings in criminal cases, passed May first, eighteen hundred and fifty-one, so far as the said section makes the fees therein specified a county charge, are hereby repealed, so far as the same affect the County of Los Angeles; and all acts and parts of acts inconsistent, or in conflict, with the provisions of this act, so far as the same relate to the County of Los Angeles, are hereby repealed.

2958. SEC. 40. This act shall take effect on the first day of May, A. D. eighteen To take effect. hundred and sixty-one, except so much thereof as relates to, and fixes the yearly salaries of the district attorneys of the said counties of Los Angeles and Santa Barbara,

which portions of this act shall take effect on the first day of October, A. D. eighteen hundred and sixty-one, and not before.

Fees of clerk of district court.

Clerk of probate

court.

Clerk of county court

Clerk of court of sessions.

XXI.

FEES IN LOS ANGELES COUNTY.

An Act to amend an act entitled an act to regulate fees of office in the Counties of Los Angeles and Santa Barbara, approved April 6, 1861.

Approved April 18. 1862, 277.

2959. SECTION 1. Such fees are allowed to the officers hereinafter named, within the County of Los Angeles, for their services rendered in discharging the duties imposed on them by law, as are herein provided; and such officers may lawfully charge, demand, and receive the same.

2960. SEC. 2. Section two of said act is hereby amended so as to read as follows:SEC. 2. For entering every cause on the clerk's register of actions, fifty cents. For making the necessary entries therein, during the progress of the trial, for each folio, thirty cents. For issuing each subpoena, for each witness, twenty-five cents. For issuing each commission to take testimony, fifty cents. For issuing a writ of attachment or summons, or other writ or 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's 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 each appearance, fifty cents. For entering every motion, rule, order, default, discontinuance, dismissal, or non-suit, fifty cents. For 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, fifty cents. 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 filing judgment-roll, fifty cents. For each entry of satisfaction of judgment, 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 taking down testimony of witnesses during trial, for each folio, thirty cents, to be paid by the party requesting the same. For receiving and filing every remittitur from the supreme court, and accompanying papers, fifty cents. For entering judgment by confession, the same fees as in other cases of entering judgment. For entering every decree in insolvency, for the first folio, one dollar, and for each subsequent folio, thirty cents. For every notice given by publication, 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 subsequent name, twenty-five cents, For searching the files of each year in his office, (but not to charge suitors or attorneys), fifty cents. For each day's attendance in court, when the same is sitting as a court of criminal jurisdiction, five dollars.

2961. SEO. 3. Section three of said act is amended to read as follows:

SEC. 3. For issuing letters testamentary, or of administration, or guardianship, seventy-five cents. For certificate of appointment of each guardian or appraiser, seventy-five cents. For writing and posting notices, for each copy, seventy-five cents. For each notice given by 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.

2962. SEC. 4. Section four of said act is amended to read as follows: SEO. 4. For filing all papers sent on appeal from justice's court, in each case, two dollars. For filing any paper required, twenty-five cents. For recording any 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 recording a certificate of location of a school land warrant, or a float thereof, three dollars. For all other services, the same fees as are allowed the clerk of the district court for similar services.

2963. SEC. 5. Section five of said act is hereby amended to read as follows: SEC. 5. The clerk of the court of sessions shall receive the same fees as the clerk of the district court for similar services.