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or any other matter or thing necessary to the security of any estate, real or personal, or mixed, or any private right whatever, it shall be lawful for such person or persons, upon filing a petition supported by affidavit, in the circuit court of the proper county, setting forth particularly the fact or facts intended to be established, to sue out from such court a dedimus potestatem or commission, directed to any two justices of the peace, or to any clerk of the circuit or county commissioners' court of the county wherein such testimony is to be taken, and may, thereupon, proceed to take such deposition or depositions as shall be prayed for in said petition.
Sec. 20. It shall be the duty of the person or persons suing out such dedimus as aforesaid, before proceeding to take such deposition as aforesaid, to give at least four weeks previous notice of the time and place when and where the same is to be taken, together with a copy of the petition annexed thereto, to each and every person who may be known to be interested in the subject matter of such deposition, or to his, her or their attorney, or in case the person be a feme covert, to her husband; or if a minor or minors, to his, her or their guardian or guardians; or if such guardian or guardians should be interested, to such guardian or guardians as shall be appointed by the court to defend the interests of such infant or infants ; or in lieu of such written notice as aforesaid, such petitioner or petitioners shall cause a notice in form as aforesaid, with a copy of the petition thereto annexed as aforesaid, addressed to such persons as may be known to be interested as aforesaid, as well as to all others whom it may concern, to be published for four weeks successively in some public newspaper printed in this State, at least eight weeks previous to the day of taking such deposition or depositions.
Sec. 21. The said justices of the peace or clerk as aforesaid, shall attend at the time and place appointed, where each and every person who may think himself or herself interested in the deposition about to be taken, may attend, by themselves or attorneys, and may examine and cross examine such deponent or deponents; and all such questions as may be proposed, together with the answers thereto by the witness, shall be reduced to writing in the English language, or in the language of the witness, (provided he or she shall not understand English,) as near as possible, in the exact words of such deponent, which said questions and answers, when reduced to writing as aforesaid, shall be distinctly read over to the witness; and if found to be correct, shall be signed by him or her, in the presence of the said justice, (or clerk as the case may be,) who shall thereupon administer an oath or affirmation to such witness, as to the truth of the deposition so taken as aforesaid, and shall annex at the foot thereof a certificate subscribed by himself or themselves, stating that it was sworn to and signed by the deponent, and the time and place when and where the same was taken; and all such depositions, when thus taken, shall be carefully sealed up, and transmitted to the clerk of the circuit court of the county from which such dedimus shall have been issued, within thirty days from the time of taking the same ; who shall thereupon enter the same at large upon the records in his office, and shall certify on the back of such deposition that the same has been duly recorded, and return it to the person or persons for whose benefit it shall have been taken.
Sec. 22. All depositions taken in manner and form as is provided in the two foregoing sections, or a duly certified copy of the record of any such deposition, may, in case of the death of any such deponent, or in case of inability to give testimony, in consequence of his, her or their insanity or imbecility of mind or body,
or where such witness shall be rendered incompetent by judgment of law, or in the event of his, her or their removal, so that their testimony can not be obtained in the ordinary way, on trial, may be used as evidence in any case to which the same may relate: Provided, That nothing herein contained, shall be so construed as to prevent any legal exception being made and allowed to the reading of any such deposition in
trial at law or in equity, in which the same may be introduced as evidence.
Sec. 23. A negro, mulatto or Indian shall not be a witness in any court, or in any case, against a white person. A person having one-fourth part negro blood shall be adjudged a mulatto.
APPROVED: March 3, 1845. [AMENDED :-See Appendix, Acts No. 14 and 15.)
FEES AND SALARIES.
tor, the treasurer, the chief justice and asso.
neys and adjutant general, how paid.
compensation of. 3. Incidental expenses of public offices, what shall
constitute. 4. Incidental expenses, how paid. 5. Secretary of State, fees of. 6. Auditor and treasurer, fees of, in certain cases, 7. Clerk of the supreme court, fees of. 8. Clerks of circuit courts, fees of. 9. Probate justice, sees of. 10. Clerks of county commissioners' courts, fees of. 11. Attorney general and circuit attorneys, fees of. 12. Successful party at law,
fees of. 13. Sherill's fees. 14. Sherill's sees further defined. 15. Coroner's fees. 16. Justice's fees in criminal cases. 17. Justice's fees in civil cases. 18. Constable's fees in criminal cases. 19. Constable's fees in civil cases. 20. Witness's fees. 21. Juror's fees. 22. Arbitrator's fees. 23. Recorder's fees.
record of tees of their respective courts, and
how collected. 29. Neglect to make returns of fee bill, penalty for. 30. Clerks of supreme and circuit courts, record of,
what shall contain. 31. Persons who have heretofore been, or are now
sheriffs, may collect fees in certain cases. 32. Clerks of courts to provide books, &c., allowan
ances therefor, how made. 33. Otfice rooms for clerks, how provided. 34. Bills of costs, how made out and collected. 35. Duty of otficers in issuing executions, penalty
for neglect of. 36. Table of fees, clerks, probate justices, and jus.
tices of the peace, to set up, and penalty for
neglect of. 37. County commissioners' clerks not to charge
fees in certain cases, but courts may allow e3
officio fees. 38. Acknowledgment of deeds, fee for. 39. Clerk of circuit court, duty of, to collect and
pay over fees to predecessor.
Section 1. The salaries, fees and compensation of the several persons hereinafter named, shall be as follows:
To the Governor, per annum, together with house rent, two thousand dollars.
To the secretary of State, exclusive of fees, per annum, and inclusive of clerk hire, eight hundred dollars.
The auditor of public accounts, inclusive of clerk hire, per annum, one thousand six hundred dollars.
State treasurer, inclusive of clerk hire, per annum, eight hundred dollars.
The chief justice and each associate justice of the supreme court, respectively, per annum, one thcusand five hundred dollars ; excepting justices elected or appointed, subsequent to February twelve, one thousand eight hundred and fortyfive, who shall receive, each, one thousand dollars.
The attorney general, per annum, five hundred dollars.
All of which salaries shall be paid to the persons entitled thereto, in quarter yearly instalments, on the warrant of the auditor, out of any moneys in the treasury not otherwise appropriated.
COMPENSATION OF THE MEMBERS OF ASSEMBLY, &e.
Sec. 2. There shall be allowed to the speaker of the senate and house of representatives, respectively, per day, four dollars.
To each member of the senate and house of representatives, per day, three dollars.
To each speaker and member, in addition for every twenty miles' travel in going to, and returning from the place of session, three dollars.
To the secretary of the senate, and principal clerk of the house of representatives, respectively, per day, five dollars.
To the enrolling and engrossing clerks of the senate and house of representatives, respectively, per day, three dollars.
To the door-keeper of the senate and house of representatives, respectively, per day, three dollars.
And the said compensation, when due to the officers and members of the senate as aforesaid, shall be certified by the secretary thereof, with the exception of his own compensation, which shall be certified by the speaker ; and the compensation that may be due to the officers and members of the house of representatives, shall be certified by the principal clerk thereof, and that of the clerk, by the speaker; which said certificates, when made out as aforesaid, shall be sufficient evidence to the auditor of each person's claim, respectively, who shall issue his warrant on the treasury for the amount to which such person shall be entitled as aforesaid, to be paid out of any moneys in the treasury not otherwise appropriated.
INCIDENTAL EXPENSES, &c.
Sec. 3. The incidental expenses of the offices of the auditor of public accounts, State treasurer and secretary of State, shall include postage on all public papers sent to or from said offices relative to the business thereof, furniture for the same, the necessary fuel, and all such books, blanks and other stationery as shall be considered necessary for the convenient transaction of business in said departments respectively.
Sec. 4. For the purpose of defraying the incidental expenses aforesaid, it shall be the duty of said officers respectively, from time to time, as said expenses may be incurred, to lay proper vouchers for the same before the Governor, whose duty it shall be, if such accounts shall appear to be reasonable, to allow the same, and to certify the amount thereof to the auditor, who shall thereupon be required to issue his warrant for the same, to the person entitled thereto; to be paid out of any moneys in the treasury not otherwise appropriated.
FEES OF SECRETARY OF STATE.
Sec. 5. There shall be allowed to the secretary of State, in addition to his salary, the following fees, to-wit:
For copies or exemplification of records, for every seventy-two words, fifteen cents.
Affixing State seal, with certificate of authentication, one dollar.
Official certificate without seal, when not required for public use, twenty-five cents.
Provided, That he shall in no case be entitled to any fees whatever, when any services are performed for the State, in discharge of the duties of his office, nor for copying laws, memorials or resolutions.
Sec. 6. The auditor and treasurer, when required to give copies of, or to authenticate records or papers in their respective offices, shall be entitled to the same fees allowed to the secretary of State.
FEES OF THE CLERK OF THE SUPREME Court:
Sec. 7. For each writ of error and seal, with supersedeas, one dollar.
Filing each paper, excepting records and papers on appeals and writs of error, six and a fourth cents.
Filing each record and accompanying papers, on appeals and writs of error, as returned by the inferior courts, twenty cents.
Docketing cause, twelve and a half cents.
Entering each rule or order of court, each entry being considered as one order, twenty-five cents.
Execution and seal, fifty cents.
For each scire facias, mandamus and other special process, for every seventy two words, eighteen cents.
Sealing the same, twenty-five cents.
Bringing any particular record into court of a suit, matter or thing not before the court, twenty-five cents.
Copy of a record or other proceedings, for every seventy-two words, fifteen cents.
Entering judgment or decree, for every seventy-two words, eighteen cents. Entering each continuance from one term to another, twelve and a half cents.
Making complete record, when directed by the party, for every seventy-two words, fifteen cents.
For each official certificate and seal, other than to the process of the court, fifty cents.
Each official certificate, as aforesaid, without seal, twenty-five cents.
Entering attorney on the roll, administering oath, and certifying the same, one dollar.
Making bill of costs for execution, and entering the same in the cost book, thirty-seven and a half cents.
Copy of the same when requested by either party, twenty-five cents.
Clerk's FEES IN THE Circuit COURTS :
Sec. 8. For each capias, summons, subpæna and other process not herein specified, and sealing the same, fifty cents.
Provided, That only one subpæna shall be charged for every four witnesses, unless actually made out on request in writing.
For filing each paper in the progress of a suit, and appertaining to the same, excepting papers on appeal from justices of the peace, six and a fourth cents.
Filing the papers on appeals from justices of the peace, taking appeal bond and issuing injunction thereon, fifty cents.
Taking bond for costs, twenty-five cents.
Entering each order or rule of court for continuance, default to plead, or any order actually entered in the progress of a suit, and counting the whole as one entry, twenty-five cents.
For each discontinuance, retraxit, or non suit, twenty-five cents.
Bringing any particular record into court of a suit, matter or thing not properly before the court, twenty-five cents.
Calling and swearing each jury, eighteen and three-fourths cents.
Assessing the damages on any bond, note or other instrument for the payment of money, by order of the court, and making a report thereof in writing, twentyfive cents.
Entering special bail on record, in each case, twenty-five cents.
Entering the report of commissioners or referees, or the award of arbitrators, and all other special entries, for every seventy-two words, twelve and a half cents.
For each official certificate and seal, other than the process of the court, fifty
Taking bond in cases of foreign or domestic attachment, fifty cents.
Entering plaintiff's or defendant's appearance, but once in each cause, twelve and a half cents.