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FEES-CORONER-JUDGE OF COUNTY COURT-NOTARIES.

in his county, and for all other public services,
not herein otherwise particularly provided for, a
sum not exceeding per annum, to be allowed and
certified by the superior court, and paid out of
the public treasury,

Provided, That no fee shall be allowed for scire facias
against defaulting jurors, where the same may be
excused by the court.

50 00

345

TO THE CORONER.

For taking an inquisition on a dead body,

For all services done by him, the same fees as are allowed to sheriffs for similar services.

а

The fees allowed to coroners for holding inquests shall be paid out of the county treasuries.

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TO THE JUDGE OF THE COUNTY COURT.

For examining, stating and reporting each account of executors, administrators, or guardians,

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100

For sheet, more than one, contained in each account, 50
The judges of the county court shall take and receive
the following fees, to be paid by the party apply-
ing for the business, viz:

For granting letters testamentary, or letters of adminis

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For order removing administrator or guardian,

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1 00

Judge of coun

ty court.

[b 1821-(4) Sec. 26.]

For all necessary orders on writs of ad quod damnum, 2 00
For all other necessary orders in the management and

settlement of estates, each,

50

For all other orders in county business, except when the county or state is directly interested, each,

50

And on all judgments in civil cases in term time, the
tax fee now allowed by law for a jury, shall be
paid to the said judges.

In all litigated cases, respecting wills, mills, and ferries, 2 00
All of which fees shall be taxed in the bill of costs,

and collected by the clerks, and paid over to the
judges.

1 Act of February 6, 1307. Sec. 2. "A sheet of writing within the meaning of this act, shall contain one hundred words."

TO NOTARIES PUBLIC.

lic.

Notaries pub- For protesting any bill, registering and seal,.
For attesting letters of attorney, and seal,
For notarial affidavit to an account or other writing, and
seal,

1 50

50

50

For registering a foreign bill protested, with certificates, 75
For registering a protest of a bill of exchange, or note,

for non-payment or non-acceptance,

50

For every oath or affirmation, and seal,

50

For a notarial procuration, and seal,

1.00

For certifying sales at auction, and seal,

75

For taking proof of debts, to be sent abroad, or proof
and acknowledgment of letters of attorney, and
seal,

For protest in insurance cases, and seal,

1.00

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75

law.

TO COUNSELLORS AND ATTORNEYS AT LAW.

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Attorneys at For prosecuting or defending a suit in the county court, 4 00
For like services in the superior courts,
For prosecuting or defending a suit in chancery.
For prosecuting or defending a mixed or real action,
where the title or bounds of lands are in ques-
tion,

[a 1814-(4) a For all sums under two hundred dollars, (in the supe-
Sec. 2.]
rior court) the attorney's fee shall be the same as

b

in the county court.

20 00

[b 1820-(4)' In all cases decided in the supreme court, the successful Sec. 4.] party shall be entitled to the same fee which is now allowed in [1815-(12) chancery causes in the circuit court: and the party prevailing Sec. 4.] in any suit which may be brought in any of the courts in this Successful par- territory, shall be considered as entitled to the tax-fee allowed the attorney, and recover the same against the party cast in

ty entitled to

tax-fee.

the suit.

viction

TO THE ATTORNEY GENERAL & SOLICITORS

[1828-(33) 1. The attorney general and the several solicitors, shall Sec. 1.] receive the same fees for prosecuting to conviction, any slaves Fees for pro- charged with capital offences, as now allowed by law in other secuting to conslave cases, and the same shall be paid out of the fund provided for charged with the payment of slaves punished capitally: Provided, That no capital offence. fee for any one conviction shall exceed ten dollars: and no fee shall be allowed by the comptroller unless the same is certified to be correct by the judge who may preside at the trial. 2. The fees herein allowed, shall be taxed and allowed in the Fees to be tax bill of costs in all suits where the services respectively shall

lb. Sec. 11.

1 See "Attorney General and Solicitors."

FEES-SOLICITORS-TAXATION AND COLLECTION.

347

have been rendered, but not more than one copy of any matter ed in the bill of shall be allowed in the bill of costs, neither shall the clerk tax costs. more than one attorney's fee in the bill of costs, although more attorneys than one may have been employed on the same side of the suit; and if any plaintiff or defendant, his or her attorney, shall take out copies of his or her own declaration or pleadings, or of his or her own papers in any cause or of any common order made in such cause, the charge of such copies shall not be allowed in the bill of costs, although such party

recovers.

Ib. Sec. 12.

Clerks & she

book.

3. And to the end that all persons chargeable with any of the fees aforesaid, may certainly know what the same was charged, every clerk and sheriff shall keep a fee book, which riffs to keep fee in case of the clerk shall be considered, and is hereby declared to be one of the books belonging to his office, and shall enter therein in a regular account to be opened for that purpose, every fee for each and every district service by him rendered, charging for every particular article in words at full length, in the same manner as the fees aforesaid; and the said fee-book shall be free for the inspection of every person wishing to see the account of fees charged against him therein; and there shall be a regular index made to such books, pointing to the folio, in which the respective accounts are contained; and no clerk or sheriff shall be allowed to take or demand any fee for any service by him performed, which shall not be justified by the charge made, and entered in his fee-book as aforesaid.

par

Bill of fees to

4. None of the fees hereinbefore mentioned, shall be paya- Ib. Sec. 13. ble by any person whatsoever, until there be produced, or ready to be produced unto the person owing or chargeable be produced. with the same, a bill, or account in writing, containing the ticulars of such fees, signed by the clerk or officer to whom such fee shall be due, or by whom the same is chargeable, respectively; in which bill or account, shall be expressed, in words at length, as the fees aforesaid are allowed by this act, every fee for which money shall be demanded; and in all cases where any person shall be presented or indicted by the grand jury, and shall be discharged from such presentment or indictment, neither the clerks nor sheriffs shall charge fees for the same, but it shall be deemed to be included in the public services; but if the party or parties so presented or indicted, shall be convicted, the clerk and sheriff shall charge him, her, or them, with all fees accruing thereon.

5. If any officer before named, shall take greater or other fees than are hereinbefore allowed them, for any service to be done in his office, or shall demand and take any of the fees aforesaid for services not actually rendered, the officer so of fending, shall forfeit and pay to the party injured, five times the sum so unlawfully demanded and taken, to be recovered before any court having cognizance of like sums.

Ib. Sec. 14. Officers taking fees unlawfully to refund five

fold.

1807-(14)

Sec. 8.
Clerks to issue
execution

for

6. It shall be lawful for the clerks of the several courts within this territory, when suits are determined and fees not paid by the party from whom they are due, to make out executions, directed to the sheriff of the county where the party re- fees, when not sides, and it shall be lawful for the registers of the several or- paid. phans' courts to make out executions in like manner for the fees that may become due the officers of said courts, by virtue

of this act, directed to the sheriff of the proper county; and the said sheriff shall levy the same, by virtue of said execution as in other cases, and to the said execution shall be annexed a copy of the bill of costs, of the fees on which such execution Bill of fees to shall issue, written in words at length, without abreviation any whatever; and all executions issuing without the copy of such bill of costs, shall be deemed illegal, and no sheriff shall serve or execute the same.

be annexed to execution.

1823-(30) Sec. 1.

No commissions allowed

for collecting

costs.

Ib. Sec. 3.

7. It shall not be lawful for any constable, sheriff, or coroner, in this state, to calculate, exact and collect, commissions on the costs taxed on any execution or executions put in their hands; but shall only demand and collect the commissions allowed by law on the principal, damages, and interest.

8. The law of costs shall be deemed and held as a penal Law of costs, law, and no fees shall be taken, but in cases expressly provided penal. for by law.

1829-(9)

Sec. 1.

ces a list of

9. It shall be the duty of the several clerks of the circuit and county courts of this state, to have and keep posted up in Clerks to post a conspicuous place in their respective offices, a complete list up in their off of all the fees allowed by law to the clerks of the circuit and clerks' and she- county courts of this state, and to the sheriffs; and shall also keep a copy ready to be produced on the application of any person who may wish to see the same; and on failing to comply with the provisions of this act, such clerk or clerks, so failing, shall not be authorized to receive or collect any fees for any services rendered during the time of such failure.

riffs' fees.

1829-(2)

Sec. 1.

TO JUSTICES OF THE PEACE.

10. Justices of the peace shall be entitled to demand the Justices' fees. following fees, for their services, and not other or more, to

wit:

For celebrating the rights of matrimony,

For warrant to apprehend a person or persons charged

with an offence against the state,

For a search or peace warrant,

For a warrant in civil cases, and proceedings thereon to
judgment,

For a warrant in qui tam cases, and proceedings there

on to judgment,

For every subpoena for witness or witnesses,

For each execution, and taxing costs thereon,

For every attachment, taking bond and affidavit,
For summons for garnishee and taking examination,
For judgment and order of sale on attachment,

2.00

371 25

371

50 121

37

-1.00

37

25

25

75

25

121

10

For every necessary certificate, not otherwise provided
for by law,

25

For hue and

cry,

For each appeal, including bond and certifying pro

ceedings,

For taking each stay or other bond,

For administering an oath, and certifying the same

For taking depositions by virtue of a dedimus potesta-
tem, for every hundred words,

61

25

For docketing each cause,

For each judgment on a forthcoming bond, or summary proceedings without warrant,

For a transcript of proceedings when required, other than those sent up on appeal,

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25

50

50

of estray

For issuing a venire facias, to try the right of property,
For attending on the trial of the right of property,
For summons and certificate of appraisement

or estrays,

For each notice or scire facias, or summons in the nature thereof,

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For making a return to a certiorari (other than in cases of forcible entry and detainer,).

50

25

50

11. Justices of the peace shall be entitled to demand and receive the following fees, in cases of forcible entry and detainer, forcible detainer, and unlawful detainer, viz: For every summons,

For every venire facias,

For entering copies of complaint, summons, venire fa-
cias, and evidence offered and rejected, and receiv-

ed when objected to, being a complete record of
the cause,

For subpoena for witness,

For swearing the jury,

For administering every oath or affirmation,

For entering every verdict,

For entering every judgment,

For presiding on every trial,

For issuing a writ of restitution,

For return to every certiorari,

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TO CONSTABLES.

12. It shall not be lawful for constables to demand or receive Ib. Sec. 3. any other fees, for their services, than such as are hereafter Constables' mentioned, viz :

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For whipping a slave (to be paid by the owner) by order of a justice of the peace.

1.00

For summoning a coroner's inquest, (to be paid by the

county,)

2.00

For attending court, when summoned by the sheriff be paid by the county) per day,.

(to

. 1 50

For serving each notice, on each person therein named,
For serving scire facius on each person therein named,
For taking bail bond, bond for the forthcoming of pro-
perty, or other bond required by law,

8 888 8

50

25

50

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