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R. S. 745-756

corporation shall be admitted to do business within her limits, and it may provide by statute that a single act is business enough to give jurisdiction. (In the instant case it was the issue of a single policy.) It may provide that those who represent insurance companies within her limits, shall be considered agents, upon whom service of process may be made, without violating the Constitution of the United States. Milwaukee Trust Co., Reems et al., vs. Germania Ins. Co., 106 La. 669. See State vs. So. Pac. Co., 52 An. 1822.

COSTS AND FEES.

[Suits for Costs, etc., in Which Jury Trial May Be Had.]

747. In any suit or proceeding where a fee or compensation is involved, it shall be allowed to either party to pray for a trial by jury, whether the fee or compensation be claimed from an insolvent estate or a succession, whether by way of opposition or otherwise (Act 122, 1855, 162).

748 to 755 inclusive are superseded by Acts 101, 1870, and 99, 1876, all repealed by Act 205, 1898, printed infra, this title.

[Fees of Clerks of Supreme Court.]

756. The clerks of the Supreme Court shall be entitled to demand and receive the following fees, and no more:

For every certificate of admission of any attorney or counsellor at law, ten dollars.

For filing and registering record from inferior court, two dollars.

For entering cause on docket, one dollar.

For recording motion in court, one dollar.

For entering appearance of parties, one dollar.

For copying all instruments of writing, each hundred words, twenty cents.

For issuing citation, with seal and certificate, one dollar. For issuing writ of certiorari, with seal, one dollar and fifty cents.

For issuing writ of prohibition and seal, one dollar and fifty

cents.

For issuing writ of mandamus and seal, one dollar and fifty cents..

For issuing writ of distringas and seal, one dollar and fifty cents.

For issuing writ of subpoena duces tecum and seal, one dollar and fifty cents.

R. S. 746-Act 24, 1872

For issuing notice of judgment and seal, fifty cents.

For every continuance, twenty cents.

For issuing attachment to bring persons into court, eighty cents.

For entering final judgment, one dollar and fifty cents.
For entering every interlocutory judgment, fifty cents.

For each order of court entered on the minutes, not otherwise provided for, thirty cents.

For copy of same, with seal and certificate, fifty cents.

For filing and registering returns on all writs, twenty cents. For affixing certificate and seal of court to all records or documents other than those specified, sixty cents.

For taking and filing bond, in all cases required by law, one dollar.

For recording the judgment of the court, for each hundred words, twenty cents.

For setting cause, and calling the same for trial, twenty cents. For every other service rendered by the clerks, a reasonable compensation shall be made by the party and determined by the court, according to the nature and equity of the case, having regard to the fees herein allowed; provided, the fees in no case shall exceed fifteen dollars, unless by the express sanction of the court.

And in criminal cases, the following fees and no more:
For entering cause and filing record, one dollar.

For entering appearance, one dollar.

For recording motions in court, one dollar.

For copy of judgment to be recorded in lower court, fifteen cents for every one hundred words; provided, that the costs of the clerk of the Supreme Court shall, in no criminal case, exceed the sum of ten dollars (Act 122, 1855, 162).

Graduates of the Law Department of the University of Louisiana must obtain license from Supreme Court, and clerk is authorized to charge therefor. Diploma is not equivalent of license. In matter of Villere, 33 An. 998.

Act 24, 1872, p. 71.

AN ACT to regulate the payment of the costs of appeals to the Supreme

Court.

SECTION 1. That in all cases of appeal to the Supreme Court the party appellant shall be primarily liable for all costs occasioned by said appeal, and the party plaintiff, if appellee, shall never be called on to

R. S. 757-Act 101, 1870

pay said costs unless he shall have been condemned therefor by judgment on said appeal.

SEC. 2. That the clerk of the court from which an appeal is taken shall not be required to deliver the transcript of the record of the case before his fees for preparing the same have been paid.

SEC. 3. That all laws or parts of laws in conflict with or contrary to the provisions of this act be and the same are hereby repealed.

SEC. 4. That this act shall take effect from and after its passage.

757 to 764 inclusive are superseded by Acts 101, 1870, and 99, 1876, all repealed by Act 205, 1898, printed infra this title.

765. Compensation of clerk and sheriff in criminal matters superseded by Const., Art. 120, 122. See Sec. 5, Act 205, 1898, printed infra this title.

766 to 768 inclusive are superseded by Acts 101, 1870, and 99, 1876, all repealed by Acts 205, 1898, printed infra this title. 769. Proceedings necessary to send lunatics or insane persons to the insane asylum. See Sec. 1768.

770 superseded by Act 101, 1870.

Secs. 10, 11.

The act of 1870 was repealed by Act 205, 1898, printed infra this title. The repealing clause reads: "That all other laws (not embraced in this act) on the same subject matter be and the same is hereby repealed," but the act does not provide a fee bill for notaries, and sections 10, 11 of Act 101, 1870, are therefore printed here. It is not for the Editor to express an opinion as to their validity under the circumstances.

Act 101, 1870, p. 162.

SEC. 10. That the recorders and notaries public shall be entitled to demand and receive at the time the services may be performed, the following fees of office, and no more, and that they shall not be entitled to charge for any other services they may perform or be required to perform as recorders and notaries public: For writing original acts of any kind, including recording the same, per hundred words, twenty cents. When an act notarial in form is written out by some other party and passed before the recorder or notary public as a notarial act, the fees shall be twenty-five cents for passing the act, and ten cents for every hundred words for recording the same; for every necessary certificate and seal to every notarial act, twenty-five cents; and no notarial act shall have more than one certificate and seal; for making copies of all official documents, ten cents for every hundred words; for certificate

Act 101, 1870-R. S. 747 and seal to every copy, twenty-five cents; for proving up an act under private signature, twenty-five cents; for recording an act under private signature, ten cents for every hundred words, and twenty-five cents for the certificate and seal showing the recording thereof; for certificates of mortgages, with seal, one dollar, and for every hundred words after the four hundred, twenty cents; for cancelling mortgages, with certificates and seal thereof, one dollar; the parties in the notarial act may, by written clause in the act, dispense with the certificate of mortgage required by article three thousand three hundred and twentyeight of the Civil Code, and, in such cases, the recorder or notary public shall not be entitled to charge for such certificate; for fixing seals on effects of deceased persons, two dollars; for swearing each appraiser or expert, twenty-five cents; for recording acts passed before other notaries public, ten cents for every hundred words, and twenty-five cents for the certificate and seal, provided there is not over one certificate and seal; for making inventories of successions or other property out of office, fifty cents per hour, provided not more than twelve hours per day shall be charged, together with twenty cents per hundred words for the proces verbal of the inventory, and recording it, and twenty-five cents for the certificate and seal thereon; for making inventories in office there shall only be charged twenty cents for every hundred words for taking and recording the same, and twenty-five cents for the certificate and seal; for making partitions, twenty cents for every hundred words, including recording the same, and twenty-five cents for the certificate and seal.

SEC. 11. That it shall be the duty of the recorder or the notary public, if required by the person having the services performed, as described in the foregoing secton of this act, to give a detailed fee bill, receipted, to such person, on his paying the fees for all services performed, which shall be evidence of payment.

771. Superseded by Act 136, 1880, Secs. 17, 18; printed infra, this title.

772. Fee for recording births and deaths. See Sec. 348, which has been superseded by legislation noted there.

773. Fee for recording marks, etc., of animals, etc. See Sec. 385.

774. Fee of recorder for bonds taken, approved and copy thereof. See Sec. 353.

See Act 203, 1898. Printed infra this title, p. 284.

R. S. 775-781

775. Fees of justices of the peace in civil matters, repealed by Act 203, 1898, printed infra, this title.

Const. 1898, Art. 128. In criminal matters, justices shall be paid salary to be fixed by police jury, in lieu of fees.

776. In New Orleans, party bound over to keep the peace shall pay costs; but where complaint is frivolous, etc., complainant shall pay them. See Sec. 1046.

777. Fees of constables in civil matters, repealed by Act 203, 1898, printed infra this title.

Const. 1898, Art. 128. In criminal matters, constables shall be paid salary, to be fixed by police jury, in lieu of fees.

778. Superseded by Act 136, 1880, Secs. 33, 34; printed infra, this title, p. 183.

[Liability of Vessels for Cost, etc.]

779. In all cases before any justice of the peace of the State, where a writ or order of provisional seizure, attachment, sequestration, or final seizure, has been issued, under which any vessel, steamer, or other water craft, is being placed in the hands of any constable, the said vessel, steamer, or other water craft, shall not be subject to any other costs than those accrued on the first writ so issued; and any other writ or order of provisional seizure, attachment, or final seizure, shall be levied on the first writ or order in the hands of the said constable without any other costs whatever (Act 245, 1858, 171).

[Number of Keepers for Vessel.]

780. So long as any vessel, steamer, or other water craft, shall remain in the hands of the constable, the court shall not allow costs for more than one or two keepers, if the case require it, and the costs of said keeping, in case of the dissolution of the writ or order under which the vessel, steamer, or water craft, was seized, shall be borne in proportion by the parties having wrongfully prayed for the same.

[Fees of Constables in New Orleans, How Collected.]

781. Three months after the institution of any suit, constables in the parish of Orleans may demand their fees from the plaintiff or party by whom they are due, and upon failure to pay, the justice may, after proof has been adduced of the correctness of the account contradictorily with the party against whom the motion is made, issue a fieri facias in favor of the

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