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Coroner.

Constables.

Interpreters and translators.

Fees.

Associate
Justices.

Grand jurors.

Petit Jurors.

examination as to the cause of his arrest and detention, or to give bail, fifty cents. He shall also be allowed such further compensation, for his trouble and expense in taking possession of property under an attachment, or execution, or other process, and 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, on trial of right of property, when required, to include all service in the matter, except mileage, four dollars. For attending on supreme court, either in person or by deputy, to be paid out of the State treasury as other claims, for cach day, five dollars. For making every arrest in criminal proceedings, two dollars. For serving each subpoena, in criminal proceedings, twentyfive cents. For executing every sentence of death, forty dollars. For summoning a grand jury of twenty-four, 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, twelve cents, and the same mileage for taking prisoner before a magistrate or to prison. In serving subpoenas, or venires, in criminal cases, he shall receive mileage from the most distant only, when witnesses or jurors live in the same direction. For all services in justices' courts, the same fees allowed to constables.

2804. SEO. 8. All services in summoning jury of inquest, three dollars. For swearing a jury, fifty cents. For issuing warrant of arrest, fifty cents. For issuing subpoena for each witness, twenty-five cents. For each mile necessarily traveled in going to the place of the dead body, thirty 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 services. For swearing each witness, twenty-five cents. For taking down the testimony of each witness, per folio, twenty-five cents.

2805. SEC. 9. For serving summons in civil suit, for each defendant, one dollar. For summoning a jury before a justice of the peace, two dollars. For taking a bond required to be taken, one dollar. For summoning each witness, twenty-five cents. For serving an attachment against the property of a defendant, two dollars. For summoning and swearing a jury to try the rights of property, and taking the verdict, three dollars. For receiving and taking care of property on execution, attachment, or order, his actual necessary expenses, to be allowed by the justice who issued the execution, 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 (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), forty cents. For serving a warrant or order for delivery of personal property, or making an arrest in civil cases, two dollars. For service and travel in criminal cases, the same fees as sheriffs for like services. For all other services, except attending court, the same fees as are allowed to sheriffs for similar services.

2806. SEC. 10. Interpreters and translators may be allowed such compensation for their services as the court shall certify to be necessary, to be taxed and collected as other costs; but the same shall not exceed three dollars per day.

SEC. 11. All acts, and parts of acts, in conflict or inconsistent with the provisions of this act, so far as the same relate to the County of Tuolumne, are hereby repealed. SEC. 12. This act to take effect and be in force from and after the first day of October, one thousand eight hundred and fifty-nine.

An Act regulating the fees of associate justices of the court of sessions, jurors and inspectors, judges, and clerks of elections in Tuolumne County.

Approved April 8, 1861, 116.

2807. SECTION 1. From and after the first Monday in October, eighteen hundred and sixty-one, the associate justices of the court of sessions, the grand and petit jurors, and inspectors, judges, and clerks, of elections, of Tuolumne County, shall demand and receive, for all service required of each, or either, of them, the following fees, and none other.

2808. SEC. 2. Each associate justice of the court of sessions shall, for each day's service, receive five dollars.

2809. SEC. 3. Grand jurors shall receive, for each day's service performed by each of them, two dollars.

2810. SEC. 4. Each petit juror shall receive, for each day's service performed by

each of them, two dollars, to be paid, in civil cases, by the party in whose favor ver-
dict is rendered, before the same shall be entered, but the same shall be recovered, as
costs, from the party losing the case; provided, that in the district court, county court, Proviso.
and court of sessions, the clerk shall keep an account of all moneys received for trials,
by each juror during the term, and if the sum so received by such juror shall not
amount to two dollars per day, he shall deliver to such juror a certificate of the time
for which he is still entitled to receive pay, which shall be paid out of the fund for
current expenses, as other county current expenses. 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; and until they are paid no further proceedings
shall be allowed in the action. No person shall receive any compensation for serving
as a juror on a coroner's inquest.

2811. SEC. 5. For each day's attendance and service performed at any general, or Inspectors, special, election, the inspectors, judges, and clerks, of elections, shall each receive two of election. judges and clerks dollars, to be audited and paid out of the fund for current expenses, as other charges against the county of Tuolumne.

SEC. 6. All acts, or parts of acts, now existing in any wise conflicting with the provisions of this act, are hereby repealed.

[The act of April 10, 1855, heretofore given, from Sec. 4 to Sec. 22, inclusive, and from Sec. 60 to the end, where not in conflict or inconsistent with the foregoing acts, is in force in Tuolumne County.]

VIII.

FEES IN KLAMATH AND DEL NORTE (?) («) COUNTIES.

An Act entitled An Act to regulate the fees of certain county officers in and for the Counties of Klamath and Colusa.(°)

Approved March 28, 1856, 57.

2812. SECTION 1. Such fees are allowed the county officers hereinafter named in the Counties of Klamath and Colusa, for their services rendered in discharging the duties imposed upon them by law, and such officers may lawfully charge and demand, and receive the same.

2813. SEC. 2. The clerk of the district court shall be allowed for each execution Fees of clerk of district court. 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, for each folio, two dollars. 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 the same, one dollar. For taking testimony of witness in court, for each folio, forty cents.

court.

2814. SEC. 3. The clerk of the county court shall be allowed for filing all papers Clerk of county sent at one time from a justice's court, two dollars; for all other services the same fees as are allowed in the district court for similar services, as specified in section second of this act.

2815. SEC. 4. The clerk of the court of sessions shall receive the same fees as are Clerk of court of allowed in the district court for similar services.

sessions.

court.

2816. SEC. 5. The clerk of the probate court shall be allowed for drawing letters Clerk of probate testamentary, or of administration, 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, as specified in section second of this act.

(") The name of Del Norte County is added to the caption, because the county was formed out of Klamath after the passage of the fee bill of March 28, 1856, 57, which is still in force; and no act has been passed in regard to fees in Del Norte specially, except one in regard to mileage, noted post 2819. The above

act of March 28, 1856, therefore, seems to be in force in Del Norte, if there is any. The act creating the county was approved March 2, 1857, 35.

(*) Repealed as to Colusa by act of April 28, 1857, 273.

County recorder.

Sheriff.

Proviso.

2817. SEC. 6. The county recorder shall be allowed for recording any instrument, paper or notice, and for copies of any records, papers or notices, when required, for every folio, forty cents. For filing or receiving every instrument for record, and making the necessary entries therein, fifty cents. For making in the several indexes required all the entries required of the filing and recording any instrument, paper or notice, for every such instrument, paper or notice, fifty cents. For every certificate under seal, to copies of papers or records in his office when required, one dollar. For every entry of discharge of mortgage on margin of record, one dollar. For searching records and files of each year in his office, when required, one dollar. For abstract or certificate of title when required, for each conveyance or incumbrance certified, one dollar. For recording every town plat, for every course, fifty cents. For figures and lettering plats and maps, per folio, one dollar. For taking and writing acknowledg ments, including seal for each signature, one dollar. For filing and entering a minute of certificate of sheriff's sale, one dollar. For filing and entering a certificate of tax sale, one dollar. For recording marriage certificate, one dollar. For filing and keeping each paper not required to be recorded and indorsing same if required, fifty cents.

2818. SEC. 7. The sheriff shall be allowed for serving a summons and complaint, or any other process by which action or proceeding is commenced, on every defendant, three dollars. For traveling and making such service per mile, to be computed from the court-house in all cases, fifty cents; provided, that if any two or more papers in the same suit require to be served, one mileage only shall be charged.(") For taking bond or undertaking in any case in which he is authorized to take the same, three dollars. For copy of any writ, process or other paper when demanded or required by law, for each folio, fifty cents. For serving every notice, rule or order, one dollar. For serving a subpoena, for each witness summoned, one dollar, and fifty cents for each mile traveled; but when two or more witnesses live in the same direction, traveling fees shall be charged for the most distant only. For serving an attachment on property, or levying an execution, or executing an order of arrest, or order for delivery of personal property and with traveling fees as on a summons, five dollars. For serving an attachment upon any ship, boat or vessel in proceeding to enforce any lien thereon, created by law, ten dollars. For making and posting notices, and advertising for sale on an execution, or any judgment or order of sale, not to include the cost of publication in newspaper, three dollars. For commissions for receiving and paying over money on execution or process where lands or personal property has been levied on, advertised and sold, on the first five thousand dollars, five per cent.; on all sums above that amount, three per cent. 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 defendant 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, eight dollars. For serving a writ of possession or restitution, putting any person entitled into possession of premises and removing occupant, five dollars. For travel in the service of any process not hereinbefore mentioned, for each mile traveled, to be computed from the court-house, fifty cents. For attending on any court in person or by deputy, for each day, to be paid out of the county treasury, five dollars. For bringing up a prisoner on habeas corpus, to testify or answer in any court or for examination as to the cause of his detention or arrest, or to give bail, three dollars. He shall also be allowed such further compensation for his trouble and expense in taking possession of property under execution or attachment or other process, and of preserving the same, as the court from which the writ or order may issue shall certify to be reasonable and just. For holding each inquest or trial of right of property when required, to include also service in the matter, except mileage, ten dollars. For making every arrest in a criminal proceeding, five dollars. For serving each subpoena in a criminal proceeding, one dollar. For executing every sentence of death, fifty dollars. For summoning every grand jury of twenty-five, twenty dollars. For summoning each trial jury of twelve persons, six dollars. For each additional juror, one dollar. For service of any process in criminal cases, for each mile necessarily traveled, fifty cents; and the same mileage for taking a prisoner before a magistrate or to prison. In serving subpoenas and venires in criminal cases, he shall receive mileage for the most distant only, when witnesses or jurors live in the same direction. For all services in justice's court, the same fees allowed to constables.

(") The mileage of the sheriff in Klamath and Del Norte Counties is now regulated by Act of April 8, 1863, 241, which, however, provides substantially the same as the text.

2819. SEC. 8. That so much of the fifth, sixth, seventh, eighth, ninth and tenth sections of an act entitled "An Act to regulate fees of office," passed April tenth, one thousand eight hundred and fifty-five, applicable, and only as it is applicable, to the Counties of Klamath and Colusa, is hereby repealed.

SEC. 9. This act to take effect from and after its passage.

["An Act to regulate the fees of officers in the Counties of Shasta, Trinity and Klamath," was approved April 14, 1863; but Klamath was not mentioned except in the title.

The act of April 10, 1855, from Sec. 4 to Sec. 22, inclusive, and from Sec. 60 to the end, where not in conflict with the foregoing act, is still in force in Klamath County.]

IX.

FEES IN SHASTA COUNTY.

An Act to regulate the fees of officers in the Counties of Shasta, Trinity,(•) and Klamath.
Approved April 14, 1863, 281.

2820. SECTION 1. In the Counties of Shasta and Trinity, such fees are allowed to the officers hereinafter named, for their services rendered in discharging the duties imposed upon them by law, as herein provided; and such officers may lawfully charge, demand, and receive the same.

district court.

2821. SEC. 2. For entering each suit on the clerk's register of actions, and making Fees of clerk of the necessary entries therein, prior to judgment, for each folio, twenty-five cents. For issuing every writ or process under seal, fifty cents. For issuing subpoena for a single witness, fifty cents; and for each name of witness, exceeding one, in subpœna, ten cents; and should the party or person asking the subpoena request it, the clerk shall insert any number of names of witnesses required, not exceeding ten. For filing each paper, fifteen cents. For entering every motion, rule, order, or default, twenty-five cents. For entering every discontinuance, dismissal, or non-suit, twenty-five cents. For entering every cause on the calendar, and making a copy thereof for the bar, for each time of the court, fifty cents. For calling and swearing every jury, including all preliminary oaths as to qualifications, fifty cents. For receiving and entering each verdict of a jury, fifty cents; and for each special verdict of a jury, twenty-five cents for each folio exceeding one. For entering every final judgment, for the first folio, one dollar; each subsequent folio, twenty-five cents. For filing judgment-roll, twentyfive cents. For entering judgment on judgment-docket, twenty-five cents. For entering satisfaction of judgment, fifty cents. For administering every oath or affirmation (except to jurors), fifteen cents. For administering every oath or affirmation, and certifying the same, twenty-five cents. For copy of any proceeding, record, or paper, for each folio, twenty-five cents. For every certificate, under seal, fifty cents. For searching the files of each year in his office (but not to charge suitors and attorneys), fifty cents. For issuing every commission to take testimony, fifty cents. For taking down testimony of witnesses during the trial, for each folio, twenty-five cents, to be paid by the party requiring the same. For issuing every execution, or other final process, fifty cents. For issuing every decree, or order of sale of mortgaged property, seventy-five cents. For issuing writs of injunction, or attachments, fifty cents. For entering judgment by confession, the same fees as entering other judgments. For receiving and filing every remittitur from supreme court, and accompanying papers, fifty cents. For taking each bond required by law, fifty cents. For taking justification thereto, fifty cents. For acknowledgment of deeds or other instruments, including all writings, and the seal, for the first name thereto, one dollar; and for each additional name thereto, twenty-five cents. When the court is sitting as a court of criminal jurisdiction, he shall receive for the trial of each issue where the charge is misdemeanor, three dollars; for the trial of each issue where the charge is felony, five dollars. He shall receive no other fee for any service whatever in a criminal action or proceeding, except for copies of papers, for each folio, twenty-five cents.

2822. SEC. 3. For issuing marriage certificate, two dollars. For filing all the papers Clerk of county sent on appeal from justice's court, in each cause, and making the necessary entries

(*) Repealed as to Trinity by act approved April 4, 1864, 1863-4, 479.

court.

The act of April 10, 1855, was, by the same act, revived as to Trinity County,

Clerk of probate

court.

County recorder.

Proviso.

Sheriff.

Proviso.

concerning the same, one dollar and fifty cents. For all other services, the same fees as are allowed in the district court for similar services.

2823. SEC. 4. For issuing letters testamentary, or of administration, fifty cents. For certificate of appointing appraisers, or guardians, fifty cents. For writing and posting notices, when required, for each copy, fifty cents. For recording wills, per folio, twenty-five cents. For all other services, the same as are allowed the clerk of the district court for similar services. For notice given by publication, in addition to the cost of publication, fifty cents.

2824. SEC. 5. For recording any instrument, paper, or notice, when required, for each folio, twenty-five cents. For copies of any record, or paper, per folio, twentyfive cents. For filing or receiving every instrument for record, and making the necessary entries thereon, twenty-five cents. For making, in the several indexes required, all the entries required of the filing and recording any instrument, paper, or notice, for every such instrument, paper, or notice, twenty-five cents. For every certificate, under seal, to copies of papers or records in his office, when required, fifty cents. For every entry of discharge of mortgage on margin of record, fifty cents. For searching records and files of each year in his office, when required, forty cents. For abstract or certificate of title, when required, for each conveyance or incumbrance certified, fifty cents. For recording every town plat, for every course, fifteen cents. For figures, and lettering plats, and maps, per folio, fifty cents; provided, the fees for recording any town plat shall not exceed the sum of one hundred dollars. For taking and writing acknowledgments, including seal, for the first signature, one dollar, and for each additional one, twenty-five cents. For filing and entering a minute of certificate of sheriff's sale, fifty cents. For filing and entering a minute of certificate of tax sale, fifty cents. For recording marriage certificate, together with the license, one dollar. For filing and keeping each paper not required to be recorded, and indorsing same, if required, twenty-five cents.

For copy

2825. SEO. 6. For serving a summons and complaint, or any other process by which an action or proceeding is commenced, on every defendant, one dollar and fifty cents. For traveling in making service, per mile, in going only, to be computed in all cases from the court-house of the county, forty cents; provided that if any two or more papers required to be served in the same suit, at the same time, and in the same direction, one mileage only shall be charged. For taking bonds or undertaking, in any case in which he is authorized to take the same, one dollar and fifty cents. of any writ, process, or other paper, when demanded or required by law, for each folio, twenty-five cents. For serving every notice, rule, or order, fifty cents. For serving a subpoena, for each witness summoned, including copy of same, fifty cents. For traveling, per mile, in serving each subpoena or venire, in going only, but when two or more witnesses or jurors live in the same direction, traveling fees shall be charged only for the most distant, forty cents. For serving an attachment on property, or levying an execution, or executing an order of arrest, or order for the delivery of personal property, and with travelling fees as on a summons, two dollars; but no traveling fees 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, unless for the distance actually 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, two dollars. 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 a newspaper, two dollars. For commissions for receiving and paying over money on execution or process, where land or personal property has been levied on, advertised, and sold, on the first one thousand dollars, three per cent., and on all sums above that amount, two 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, three per cent. on the first one thousand dollars, and two per cent. on all over that sum; the fees herein allowed for the levy of an execution, and for advertising, and for making or collecting the money on an execution shall be collected from the defendant, 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, five 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 go

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