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fifteen cents For certifying every oath or affirmation, fifteen Fees of cents. For copy of any proceeding, record, or paper, for each Christ. folio, fifteen cents. For every certificate, under seal, forty cents. For issuing commission to take testimony, forty cents. For taking down testimony during a trial-to be paid by the party requiring it--for every folio, fifteen cents. For issuing every execution, or other final process, under seal, forty cents. For issuing every copy of decree, or order of sale, for each folio, fifteen cents. For receiving and filing every remittitur from the Supreme Court, and making the necessary entrance thereof, forty cents. For approval and justification of each bond required by law, forty cents. For taking testimony in justification of sureties, per folio, fifteen cents. For acknowledgment of deeds or other instruments, including certificate and seal, for the first signature, fifty cents; for each additional signature, twenty-five cents. For indexing every suit in the District Court in general index, fifty cents. For filing papers and making the necessary entries on transfer of cases from other Courts, including indexing, two dollars. For transmission of files, or transfer of causes to other Courts, including certificate of order of transfer, two dollars. For searching records or files, for each year, except for suitors or their attorneys, twenty-five cents. In criminal actions, tried in the District Court, the Clerk shall receive, when collected from the defendant, for the trial of each issue, when the charge is felony, three dollars; and for the trial of each issue, when the charge is misdemeanor, three dollars.
FEES OF CLERK OF COUNTY COURT.
SEC. 3. For filing all papers in suits on appeal from a Same, CounJustice's Court, in civil actions, and making the necessary entries in each cause, one dollar. For all other services the same fees as are allowed in the District Court for like services.
FEES OF CLERK OF PROBATE COURT.
SEC. 4. The issuing letters testamentary or of administra- Same, Protion, forty cents. For all certificates under seal, twenty-five cents. For writing and posting notices, for each copy, twentyfive cents. For recording wills, decrees, and all other instruments required by law to be recorded, for each folio, fifteen cents. For filing each paper (except receipts), ten cents. For copies of papers, when required, for each folio, fifteen cents; for issuing each notice for publication, twenty-five cents. For all other services, the same fees as are allowed the Clerk of the District Court for like services.
FEES OF COUNTY CLERK.
SEC. 5. For issuing marriage license, one dollar. For same, Coundrawing affidavits, depositions, or other papers, per folio, fifty Clerk. teen cents. For filing transcript of judgments of Justices' Courts, for docketing the same and issuing execution thereon, two dollars; for each additional execution, when more than
one has been issued, fifty cents. For recording, certificates of incorporation, when recording is necessary, and is required by law, for each folio, fifteen cents. For recording the testimony and commitment upon examination of insane persons, when it is ascertained by the County or Probate Judge that the person committed has sufficient property wherewith to pay the expenses of his commitment, per folio, fifteen cents. For issuing writ of habeas corpus, and all services in relation to the same, two dollars.
FEES OF COUNTY RECORDER.
Fees of Recorder.
SEC. 6. For recording every instrument, paper, or notice, per each folio, fifteen cents. For copies of any record or paper, per folio, fifteen cents. For filing every instrument for record, and making the necessary entries thereon, twenty cents. For indexing every instrument, paper, or notice, as required by law, and for each name required to be indexed, ten cents. For every certificate under seal, forty cents. For every release of mortgage or other instrument on the margin of the records, and indexing the same, fifty cents. For searching records on file in his office, for each, when required, twenty-five cents. For abstract or certificate of title, when required, for each conveyance or incumbrances certified, twenty-five cents. For recording every town plat, for every course, ten cents. For figures and lettering plats and maps, fifteen cents per folio; provided, the fees for recording any town plat shall not exceed fifty dollars. For taking and writing acknowledgments, including seal, for the first signature, fifty cents; for each additional signature, twenty-five cents. For recording marriage license and certificate, one dollar. For filing and keeping each paper not required to be recorded, twenty-five cents. For recording transcript and all other services in estray cases, one dollar. For recording brands and marks, fifty cents.
FEES OF SHERIFF.
Fees of · Sheriff.
SEC. 7. For serving a summons and complaint, or any other process by which an action or proceeding is commenced, on each defendant, one dollar." For taking a bond or undertaking in any case where he is authorized to take the same, fifty cents. For a copy of any writ, process, or other paper, when demanded or required by law, for each fólio
, fifteen cents; provided, that he shall not be entitled to any fee for copies of pleadings or original papers served by him, when such copies have been furnished him by the Clerk, or person requiring the service to be made. For serving every notice, rule, order, or subpæna, on each person served, fifty cents. For serving an attachment on property, or levying an execution, or executing an order of arrest, or for the delivery of personal property, one dollar and fifty cents. For serving an attachment on any ship, boat, or vessel in proceedings to enforce any lien thereon, created by law, one dollar and fifty cents. For keeper's fees while such ship, boat, or vessel is in the actual custody of the Sheriff, per day, three dollars, to- Fees of gether with such further necessary expenses, resulting from Sheriff. such custody, as are supported by the oath of the officer making such service, and as shall be allowed by the Court. For selling any boat, vessel, or tackle, apparel or furniture thereof so attached, or other goods attached, and for advertising such sale, the same fees as for sale on execution. For advertising property for sale on execution, or under any judgment or order of sale, exclusive of the cost of publication, one dollar. For commissions for receiving and paying over money on execution or other process, when lands or personal property have been levied upon and sold, on the first one thousand dollars or sums less than one thousand dollars, two per cent.; on all sums above one thousand dollars and not exceeding twenty thousand dollars, one and onehalf per cent.; on all sums above twenty thousand dollars, one 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, on all sums less than one thousand dollars and not exceeding one thousand dollars, one and one-half per cent.; for all sums above one thousand dollars and not exceeding twenty thousand dollars, one per cent.; on all sums above twenty thousand, one-half of one per cent. The fees herein allowed for the levy of an execution, and for advertising, and for making or collecting money on execution, shall be collected from the judgment debtor, by virtue of the execution, in the same manner as the judgment shall be therein directed to be paid; provided, that when the judgment creditor purchases property sold on execution in satisfaction thereof he shall pay the Sheriff his fees before any certificate of sale shall be issued or satisfaction entered. For drawing and executing a Sheriff's deed, to include acknowledgment, to be paid by the grantee, three dollars. For serving a writ of possession or restitution, putting any person entitled into possession of the premises and removing the occupant, three dollars. For holding each inquest or trial of the right of property, to include all services in the matter except mileage, three dollars. For summoning a trial jury in any civil case, two dollars. For traveling, to be computed in all cases from the Court-house, to serve any summons and complaint, or any other process by which an action or proceeding is cominenced, notice, rule, order, or subpoena, venire, attachment on property, or to levy on execution, or to execute an order of arrest, or order for the delivery of personal property, writ of possession or restitution, to bold inquest or trial of right of property, or in bringing up a prisoner on habeas corpus, for each mile necessarily traveled, in going only, he shall receive twenty cents per mile; provided, that if any two or more papers be required to be served in the same suit, at the same time and in the same direction, one mileage only shall be charged; and provided also, in serving a subpæna or venire, when two or more persons or witnesses live in the same direction, traveling fees shall be charged only for the more distant. For all services in Justices' Courts the same fees as are allowed to Constables. For
delivering a prisoner at the State Prison, fifty cents per mile one way, for the distance established by law from the county seat of this county to the prison; and for every additional prisoner taken at the same time, twenty-five cents per mile. For delivering an insane person at the Insane Asylum, fifty cents per mile one way, for the distance established by law from the county seat of his county to the asylum; and for every additional insane person taken at the same time, twenty-five cents per mile. For keeper's fees, for holding personal property under attachment or execution, not exceeding three dollars per day, together with actual expenses necessarily incurred in keeping the same, to be fixed and allowed by the Court.
FEES OF NOTARIES PUBLIC, AND COURT COMMISSIONERS, AND
JUSTICES OF THE PEACE.
Fees of Notaries,
SEC. 8. For taking and certifying depositions or testiCornmission mony, when taken upon notice, or upon an order of referers, and Jus-ence upon the trial of a civil action, fifteen cents per folio,
which shall include summoning of witnesses and taking and certifying the deposition.
FEES OF JUSTICES OF THE PEACE.
Sec. 9. Justices of the Peace in the County of Contra Costa shall be entitled to charge and receive, for services performed by them, as prescribed in section nineteen of an Act entitled " An Act to regulate fees of office," approved March twenty-eighth, eighteen hundred and sixty-eight.
FEES OF CONSTABLES.
Fees of Constables,
SEC. 10. Constables in the various townships of Contra Costa County shall be entitled to charge and receive fees for their services which are prescribed in section twenty of an Act entitled “An Act to regulate fees of office," approved March twenty-eighth, eighteen hundred and sixty-eight.
FEES OF DISTRICT ATTORNEY.
Fees of District Attorney.
Sec. 11. For each conviction of felony, twelve dollars. For each conviction of misdemeanor, ten dollars, which fees shall be taxed as costs against the defendant in case of conviction, and be collected from the defendant if the same can be made on execution. For all collections on bonds or forfeited recognizances, ten per cent. on the amount of the judgment, to be taxed as costs. For services rendered in the collection of delinquent taxes for State, county, district, or municipal purposes, fifteen per cent. on the amount recovered, to be taxed in and become a part of the judgment and be collected in the same manner; provided, that in no one case shall such compensation exceed five hundred dollars. The District Attorney shall, when requested by the Board of Supervisors, furnish, without charge to the Board, his written
opinion upon any question of law involved in any matter pending before the Board in which the county or State is interested.
SEC. 12. The officers named shall receive no other fees for Officers not any service performed by them in any action or proceeding, other fees. or for the performance of any services for which fees are allowed, than the fees specified in this Act, and any of such officers demanding or receiving any fees not herein allowed, shall be made liable to refund the same to the party aggrieved, with treble the amount as damages, besides costs, to be recovered in any Court of competent jurisdiction, and such officer may be also prosecuted for a misdemeanor therefor.
SEC. 13. The fees herein allowed shall be payable, and Manner of shall be collected at the time the services are rendered, and folle any officer, when not otherwise expressly provided by law, may refuse to perform any service in any suit or proceeding in which there are any fees due from the person applying, until such fees are paid ; provided, that fees in criminal cases, and causes in which the people of the State, or the County of Contra Costa, or any school district or road district in the county, is a party plaintiff, the fees of the officers herein named shall not be payable in advance, but shall be taxed in the judgment, and collected as a part thereof; and provided further, that in proceedings had in relation to the settlement of estates of deceased persons, and in relation to the guardianship of infant children, fees shall not be payable in advance, but shall be collected and paid from time to time during the progress of such proceedings, under direction of the Court, and before any of the money or property of such estates shall be paid to creditors, or distributed to the heirs or devisees, and before any of such proceedings shall be removed from one Court to another, or from the county; and provided further, that the fees of the officers who may be entitled to charge and collect fees for the arrest and examination and commitment to the asylum of insane persons, shall not be payable in advance, but when such insane person shall be adjudged by the officer committing to the asylum to be able to bear the actual expenses for the time such person may remain in the asylum, the guardians of such insane person shall pay such fees as other charges and expenses incurred by such person shall be paid.
SEC. 14. Every officer entitled to charge and receive fees officers to under the provisions of this Act shall prepare and set up in offertes
display rates his office, in a conspicuous place, a plain table of his fees as prescribed in this Act, within two months after this Act takes effect, for the inspection of all persons having business with such officers.
Sec. 15. When, by law, any publication is required to be Publication, made by an officer of any process, notice, order, or decree, the costs of, how costs of the publication thereof, if demanded, shall be tendered by the party requiring such publication, before the officer shall be required to make such publication.
SEC. 16. If the Clerk or Sheriff shall not have received clerk and any fees due him for services rendered in any suit or pro- recover fees. ceeding, he may have execution therefor in his own name