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Supreme court clerk's fees.

District court clerk's fees.

drawing and serving every notice of the non-payment of a promissory note, or the non payment or non-acceptance of a bill of exchange, order, draft, or check, when personal service is made, two dollars; but when service is made by depositing such notice in the post-office, fifty cents; for recording every protest, one dollar; for drawing an affidavit or other paper for which provision is not herein made, for each folio of one hundred words, forty cents; for copies of affidavits or other papers, for every folio of one hundred words, forty cents; for taking an acknowledgment of a deed, or other instrument, one dollar for each signature; for administering an oath or affirmation, one dollar.

FEES OF THE CLERK OF SUPREME COURT.

SEC. 5. For filing papers sent at any one time from an inferior court, six dollars; for issuing any process of court, two dollars; for entering any motion, rule, or order, two dollars; for entering judg ment, five dollars; for each certificate given on request, relative to any matter or cause, two dollars; for certified copy of any record, opinion of the court, or paper, for each folio, forty cents; for entering each cause on the calendar, and making copy for the bar, two dollars; for every remittance or mandate, for each folio, forty cents; for searching record on files in his office (but no charge to be made to suitors or attorneys) filing each paper, one dollar; for certificate of admission as attorney or counsellor, ten dollars; for administering oath or affirmation, one dollar; for taking acknowledgment of deed or other instrument, for each signature, one dollar; for recording opinion of court, each folio, forty cents.

FEES OF CLERK OF DISTRICT court. (1)

SEC. 6. For each execution or writ of possession, one dollar; for docketing each execution, fifty cents; for entering return of each execution, fifty cents; for every writ under seal, one dollar and fifty cents; for entering appearance, discontinuance, non-suit, default, motion, rule, or order, one dollar; for every certificate under seal, one dollar and fifty cents; for certificate of issuing or filing, one dollar; for each calling and swearing a jury, one dollar; for swearing each witness, fifty cents; for entering each cause in a calendar, and making a copy for the court or bar, one dollar; for entering every cause, two dollars; for receiving and entering a verdict, one dollar; for filing each paper, fifty cents; for entering every final judgment

(1) For fees for naturalization of foreigners, see post, chap. 132.

for each folio, two dollars and fifty cents; for entering satisfaction of judgment, two dollars; for copy of record or paper, for each folio, forty cents; searching records (not charging parties to suit) fifty cents; for administering oath and certifying same, one dollar; for taking testimony of witness in court, for each folio, forty cents.

FEES OF CLERK OF COUNTY COURT.

clerk's fees.

SEC. 7. For filing all papers sent at one time from a justice's County court court, two dollars; for all other services the same fees as are allowed in the district court for similar services.

FEES OF CLERK OF COURT OF SESSIONS.

SEC. 8. When the court is sitting as a court of criminal jurisdic- court of sessions tion, the clerk of said court shall receive the same fees as are allowed clerk's fees. in the district court for similar services.

SEC. 9. For services when attending the court of sessions, whilst The like. sitting for the transaction of county business, the clerk shall receive the same fees as are allowed to the clerk of the district court for similar services. For transcript of judgment, one dollar.

FEES OF CLERK OF PROBATE COURT.

fees of.

SEC. 10. For drawing letters testamentary, or of administration, Probate clerks, or a certificate of the appointment of appraisers, two dollars; for each notice given by posting, two dollars; for each notice given by publication, three dollars; for all other services the same fees as are allowed to the clerk of the district court for similar services.

FEES OF THE COUNTY RECORDER.

fees of.

SEC. 11. For recording any instrument, paper, or notice, and County recorder, for copies of any records, papers, or notices, when required, for every folio, forty cents; for noting any instrument recorded, the time when, and the place where recorded, fifty cents; for filing every notice or other paper, when required, and entering thereon a minute of the time filed, fifty cents; for making in the index the several entries of the instruments, papers, and notices required by law to be indexed, for every such instrument, paper, and notice, fifty cents; for every certificate attached to copies of records and papers in his office, when such copies are required, one dollar; for every entry of a discharge of a mortgage on the margin of the record, one dollar; for searching records and files in his office for each year for which the search is made, one dollar; for recording any instrument, paper, or notice in

Commissioners'

fees.

Probate judge,

fees of.

The like.

Sheriffs' fees.

the Spanish language, and for copies of such instruments, papers, and notices, for every folio, one dollar; for taking the acknowledgment or proof of any instrument, paper, or notice, which may be by law recorded, one dollar for each signature; for recording the plot of any town or city, such price as may be agreed upon between the parties.

FEES OF COMMISSIONERS TO TAKE TESTIMONY.

SEC. 12. For taking depositions, for each folio, forty cents; for administering an oath or affirmation, fifty cents; for certificate to the deposition, one dollar.

FEES OF PROBATE JUDGE.

SEC. 13. For every order or judgment, when not contested, one dollar; when contested, four dollars.

SEC. 14. The fees received by the probate judge shall go into the county treasury; and it shall be a misdemeanor for a probate judge to receive any fees to his own use.

THE FEES OF SHERIFFS. (1)

SEC 15. For serving a summons or any other process by which an action or proceeding is commenced, on each defendant, three dollars; for travelling in making such service, per mile, fifty cents, to be computed in all cases from the court-house of the county; for taking a bond or undertaking in any case in which he is authorized to take the same, two dollars; for a certified copy thereof, when requested, one dollar; for a copy of any writ, process, or other paper, when demanded or required by law, for each folio, fifty cents; for serving a notice in an action or proceeding, one dollar; for serving a subpoena, for each witness summoned, one dollar; and fifty cents for each mile actually travelled, in going only, but when two or more witnesses live in the same direction, travelling fees shall be charged only for the most distant; for serving an attachment on property, or levying an execution, or executing an order for arrest, or for the delivery of personal property, five dollars; advertising property for sale on execution, or under any judgment or order of sale, two dollars; for making the money upon the execution, for the first five thousand dollars, five per cent.; for all above five thousand dollars,

(1) For fees for services not provided for in this act, see ante, chapter 129, sec. 47. For fees under revenue law, see ante, chapter 127, sec. 54 and 61.

three per cent.
The fees herein allowed for the levy of an execu-
tion, and for advertising, and for making or collecting the money on
an execution, shall be collected from the defendants, by virtue of
such execution, in the same manner as the sum therein directed to be
made; for drawing and executing a deed pursuant to a sale of real
estate, eight dollars, to be paid by the grantee, who shall also pay the
fee for the acknowledgment of the deed; serving a writ of posses-
sion or restitution, putting any person entitled into possession of pre-
mises and removing the occupants, five dollars; and the same com-
pensation for mileage as herein allowed for other writs; summoning
a jury in any case, five dollars; attending on same, two dollars;
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,
three dollars; and for travelling each mile from the jail, fifty cents;
attending before any officer with a prisoner, for the purpose of hav-
ing him surrendered in exoneration of his bail, or attending to re-
ceive a prisoner so surrendered, who was not committed at the time,
and receiving such prisoner into custody, in either case, three dol-
lars; for serving attachment upon any ship, boat, or vessel in pro-
ceedings to enforce any lien thereon created by law, five dollars, with
such further compensation for his trouble and expense in taking pos-
session of, and preserving the same, as the officer issuing the warrant
shall certify to be reasonable; for selling any ship, boat, or vessel, or
tackle, apparel and furniture thereof so attached, and for advertising
such sale, the same fees as for sales on execution; for any services
which may be rendered by a constable, the same fees which are
allowed by law for such services to a constable; for attending in per-
son, or by deputy, the supreme court, for each day, five dollars; to
be allowed by the comptroller, on the certificate of the clerk, and
paid out of the state treasury.

FEES OF CORONERS.

SEC. 16. For all services rendered by them when acting as Coroners' ees. sheriffs, the same fees which are allowed to sheriffs for similar services.

FEES TO CONSTABLES.

SEC. 17. For serving a citation, summons, or other process by Constables' fees. which a suit shall be commenced, two dollars; on all sums made on execution, to be charged against the defendant in the execution, five per cent. For all other services, the same fees as are allowed to sheriffs for similar services.

Justices' fees.

Witnesses' fees.

Jurors' fees.

FEES TO JUSTICES OF THE PEACE.

SEC. 18. For filing every paper required to be filed, twentyfive cents; for issuing a citation, summons, or other process by which a suit shall be commenced, one dollar; for entering a case upon his docket, fifty cents; for a subpoena, to each witness, twenty-five cents; administering oath to witness, twenty-five cents; for taking and certifying an oath, one dollar; for issuing writ of attachment, two dollars; entering any order or judgment in a case, for each folio, one dollar; for taking and approving any bond directed by law to be taken or approved by him, one dollar; swearing a jury, one dollar; taking depositions per folio, forty cents; for certified copy of judg ment or of any order or paper on file in his office, forty cents; entering satisfaction of a judgment, one dollar; entering amicable suit without process, one dollar; transcript of judgment, fifty cents; issuing commission to take testimony, one dollar; issuing a supersedeas to an execution, fifty cents; making up transcript and returning papers on appeal, two dollars; issuing a search warrant, one dollar; issuing an execution, fifty cents; for celebrating a marriage and returning a certificate thereof to the recorder, five dollars; for holding an inquisition in cases of forcible entry and detainer, five dollars.

FEES OF WITNESSES.

SEC. 19. Attending to any suit or proceeding, for each day, two dollars; for travelling at the rate of fifty cents per mile in coming to the place of attendance, to be estimated from the residence of witness; but this section shall not be construed as allowing any fees to witnesses in criminal actions. No person shall be obliged to attend as a witness in a civil action, tried without the county in which he resides, nor within the county, unless his fees for attendance have been tendered to him, or he shall not have demanded the same.

FEES OF JURORS.

SEC. 20. For the trial of each cause, two dollars; which shall be paid by the party in whose favor the verdict is rendered before the same shall be entered. No fees shall be allowed to jurors in criminal actions.

SEC. 21. If in any trial before any court, the jury be from any cause discharged without finding verdict, the fees of the jurors 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.

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