A. D. 1736.

No. 596.

Preamble.

No fee to be taken but what

this Act.

Penalty.

AN ACT FOR ASCERTAINING PUBLICK OFFICERS' FEES. FORASMUCH as all extortions, exactions and corruptions, are and ought to be odious and prohibited in all well governed places whatsoever, for prevention therefore of such evils, we humbly pray your most sacred Majesty that it may be enacted,

I. And be it enacted, by the Honourable Thomas Broughton, Esquire, Lieutenant Governour, by and with the advice and consent of his Majesty's honourable Council and the Commons House of Assembly of this Province, and by the authority of the same, That no publick officer or person whatsoever shall at any time or times hereafter take or require any sum of money, fee or reward whatsoever, for any matter, business or is allowed by thing belonging to his or their respective office, place, profession, or employment, mentioned in this Act, other than such and so much fees as are hereafter in the respective table of fees hereunto annexed set down, limited and appointed, in proclamation money, upon pain of the forfeiture of one shilling proclamation money for every penny proclamation money he or they shall take and receive for any business, matter or thing relating to his or their office or offices, more than by this Act are set down, limited and appointed; any law, statute or usage to the contrary thereof in any wise notwithstanding; the one moiety of which said forfeiture shall be to his Majesty, for the use of the poor of the parish of St. Philip's Charlestown, to be paid to the churchwardens thereof, and the other moiety to the party grieved, or to him or them who will inform and sue for the same, within three months after the receipt of such money or thing; all which forfeitures, under twenty pounds current money of this Province, shall be sued for and recovered before any one Justice of the Peace within their respective counties, as is directed in and by the Act for the trial of small and mean causes; and all forfeitures above twenty pounds current money of this Province, shall be sued for and recovered by action of debt, or by original writ, bill, plaint or information, in any of the courts of record within this Province, wherein no wager of law, essoign, privilege, protection or any other delay, shall be allowed or admitted.

The table of fees to be put up in the several offices.

II. And be it further enacted by the authority aforesaid, That every publick officer or other person entitled to any of the fees mentioned in the table hereunto annexed, shall, within twenty days after the ratification of this Act, set up and constantly keep a fair table of the respective fees belonging to his or their respective office, written in a fair and legible hand, and the words at full length, without any abbreviation, and fix up the same in the most publick place of view, in such place as they usually execute the said office, upon the pain of the forfeiture of five pounds current money of this Province for every day they shall neglect to set up the same as aforesaid; the said forfeitures to be to the same use, and payable to the same persons, and recovered in the same manner, as the forfeitures before by this Act are given, ordained and appointed.

THE GOVERNOUR-HIS FEES.

For every grant of land, signed or to be signed, for five hundred acres or under, ten shillings.
For every grant for more than five hundred acres, one pound.

For signing the dispatch of every vessel, six shillings and three pence.

For signing a testimonial and seal, ten shillings.

For signing a marriage lycense, ten shillings.
For signing letters of administration, eight shillings.
For signing a warrant of appraisment, four shillings.
For signing the probate of a will, five shillings.

For signing letters of guardianship, eight shillings.

For signing a warrant for land, two shillings and six pence.

For signing a certificate or register for a ship or vessel under thirty tuns, by the rule of the late Act of navigation, five shillings.

For all above thirty tuns, ten shillings.

For signing a certificate for persons capable of contracting debts, two shillings and six pence
For any commission for a place of profit, two pounds.

To the Governour's private secretary for the same, five shillings.

THE CHANCELLOR-HIS FEES,

For sealing a subpœna, attachment, habeas corpus, alias, pluries, &c. and all other writs, ex. cept injunctions, three shillings.

For signing and sealing an injunction to stop suits at law or to stay waste, eight shillings.

For signing a decree in chancery, fourteen shillings.

For every order on motion or petition, four shillings.

For signing an exemplification of a decree and seal thereto, fourteen shillings.

For admission of an infant to appear by guardian, two shillings and six pence.

For hearing and determining every cause, two pounds.

THE MASTER IN CHANCERY'S FEES.

For every summons, two shillings and six pence.

For copys of charges and discharges brought before the master, each side containing fifteen lines and six words in a line, seven pence half penny.

For every report made in pursuance of an order of court, fifteen shillings.

For taking affidavits in writing, two shillings.

For every other affidavit, one shilling.

For all accounts referred to him for examination or settling, to be allowed for at the discretion of the Court of Chancery.

For copys of depositions and all other papers, &c. taken before him, each sheet as supra, seven pence half-penny.

For taxing a bill of costs, five shillings.

THE EXAMINER AND REGISTER IN CHANCERY--THEIR FEES.

For drawing and entering all orders of Court, by the copy sheet, seven pence half-penny.

For examining every witness and drawing depositions, by the copy sheet, seven pence halfpenny.

For entry of all depositions, affidavits, interrogatorys, decrees, and for drawing decrees, each copy-sheet, seven pence half-penny.

For entering a cause for hearing, one shilling and three pence.

For entering all decrees at large, each copy sheet, seven pence half-penny.

For drawing and signing every subpoena, capias, attachment, habeas corpus, &c. two shillings and three pence.

For every injunction, four shillings.

For filing every bill, answer, demurrer, replicatlon, &c. six pence.

For copying all bills, answers, demurrers, replications, rejoynders, &c. each copy sheet, seven pence half-penny.

For every warrant of commitment, two shillings and six pence.

For fyling every petition or affidavit, six pence.

For drawing every recognizance, two shillings and six pence.

For drawing an exemplification of the proceedings in any cause, each copy sheet seven pence half-penny.

THE SECRETARY-HIS FEES.

For a warrant for land, two shillings and six pence.

For fyling the fiat, one shilling.

For a grant for land, and preparing the wax, and affixing the same for the seal, if five hundred acres or under, ten shillings.

For ditto, if above five hundred acres, fifteen shillings.

A. D. 1736.

A. D. 1736.

For a bond, two shillings and six pence.

For letters of administration and bond, eight shillings.

For writing the probate of a will, four shillings.

For a warrant of appraisement, two shillings and six pence.

For the copy of a will, each copy sheet, seven pence half-penny.

For letters of guardianship, eight shillings.

For the bond of every ship or vessel, inwards, two shillings and six pence.

For the dispatch of every ship or vessel, three shillings.

For a caveat, two shillings and six pence.

For writing a ticket for them to go off that are able to contract debts, two shillings.

For every underwritten bond, two shillings and six pence.

For an underwriting, seven pence half-penny

For a testimonial, and the seal to every testimonial, seven shillings and six pence.

For a certificate or register for a ship or vessel under thirty tons and registering the same, four shillings.

For all above thirty tons, seven shillings and six pence.

For every search, one shilling.

For recording a will or any other writing, by the copy sheet, seven pence half-penny.

For militia, patrol and other commissions, each six shillings.

THE PUBLIC REGISTER-HIS FEES.

For registering any conveyance, grant, lease, letter of attorney, bond or other writing, by the copy sheet, seven pence half-penny.

For copys of any deeds, &c. registered in the office, by the copy sheet, seven pence half penny.

For every search, one shilling.

For entering satisfaction on each mortgage, two shillings and six pence.

For a certificate at the request of the party, two shillings.

THE JUDGE OF THE COURT OF COMMON PLEAS-HIS FEES.

For every writ of capias, subpœna or other writ or process and return, two shillings and six pence.

For entering satisfaction, one shilling.

For entering an action in the judge's book that goes to the jury, five shillings.

For taxing a bill of costs, three shillings and four pence.

For drawing a special jury, five shillings.

For every special court and all attendances thereon, one pound.

For every order of court, one shilling.

For bail taken before the judge, five shillings.

For the admission of any person to be an attorney of the courts, four pounds.

For every judgement confessed at large out of court, nine shillings.

For signing a testimonial of a woman's examination and renouncing her right of dower or inheritance, ten shillings.

For every affidavit drawn at large, two shillings and six pence.

For examination of witnesses out of court, each, five shillings.

For every other affidavit, one shilling.

For every special warrant under the hand of the chief justice and the seal of the court, two shillings and six pence.

For every judgement at large, two shillings and six pence.
The same fees in the county courts, except the first writ.

THE JUDGE OF THE ADMIRALTY--HIS FEES.

For a warrant of arrest and each other warrant, two shillings.

For the return thereof, one shilling.

For admitting the libel, two shillings.

For citation of witnesses, one shilling and three pence.

For exainining the witnesses, each, two shillings.

For administering an oath, one shilling.

For every order entered and signed by the judge, one shilling.
For every interlocutary decree, one shilling.

For definitive sentence, ten shillings.

1

THE REGISTER OF THE ADMIRALTY--HIS FEES. For every warrant, two shillings.

A. D. 1736.

For fyling every paper and instrument exhibited in court, one shilling.
For every citation, one shilling.

For every witness sworn, one shilling.

For reading every libel and answer, each, two shillings and six pence.

For every copy of the proceedings in the court, each copy sheet containing ninety words, seven pence half-penny.

For entering every order, nine pence.

For every final sentence, five shillings.

For entering motions in court, six pence.

For interrogatorys and answers, per information, each witness interrogated, two shillings and six pence.

To entering the return of every warrant, citation, &c. seven pence half-penny.

To copy of an appraisement with the schedule, five shillings.

To notification of sale, one shilling and three pence.

To exemplification of every cause, by the copy sheet, seven pence half-penny.

To reading the marshal's return of every writ, summons, &c. seven pence half-penny.

To drawing and engrossing testimonials signed by the judge, to be affixed to exemplifications,

&c. one shilling and three pence.

THE ADVOCATE GENERAL-HIS FEES.

For his retaining fee, one pound.

For taking out the warrant of arrest, five shillings.

For drawing and engrossing every libel, answer, allegation, petition, interrogatory or other instrument exhibited in court, by the copy sheet, seven pence half-penny.

For abbreviating every copy sheet of instruments exhibited by the adverse party, seven pence half-penny.

For every motion made in court, two shillings and six pence.

To his fees on arguing any matter of law, ten shillings.

For taking out each citation for witnesses, one shilling and three pence.

For his fees on examination of witnesses in ordinary cases, for each witness, one shilling and three pence.

The Proctor's fees in the Admiralty Court, to be the same as the Advocate General's, except the retaining fee, which is to be but ten shillings, and on arguing any matter of law, the fee to be but five shillings.

THE MARSHAL OF THE ADMIRALTY-HIS FEES.

For serving every warrant on land, two shillings and six pence.

For ditto on the water, eight shillings.

For each day keeping a vessel in his custody, five shillings.

For serving each citation, one shilling and three peace.

On selling vessels or goods and paying the money, five pounds per centum.

SOLICITORS IN CHANCERY-THEIR FEES.

For a retaining fee, one pound.

For every attendance on the court when any business is done, five shillings.

Court fee when any business is done, ten shillings.

For drawing, fair-copying or engrossing every bill, answer, plea, demurrer, replication, &c. per copy sheet, containing ninety words, seven pence half-penny.

Signing thereof, five shillings.

For every motion in court or defending the same, five shillings.

For a brief or abstract of the proceedings, each sheet of such proceedings, seven pence half

penny.

For every brief, ten shillings.

For a fee upon every writ, five shillings.

Pleading fee upon every final hearing or arguing demurrer, one pound.

Drawing a bill of costs and attending the taxation thereof, ten shillings.

Attending the master upon every reference to him by order of court, ten shillings.

Drawing every decree, each copy sheet, seven pence half-penny.

VOL. III.-53.

A. D. 1736.

ATTORNEYS OF THE COURT OF COMMON PLEAS—THEIR FEES.

For a retaining fee, ten shillings.

For drawing and engrossing a declaration, four shillings.

For a copy of the declaration, one shilling.

For the warrant of attorney, one shilling.

For drawing a plea, replication, rejoynder, demurrer, &c. five shillings.

For a fee upon trial, executing a writ of enquiry, writ of waste, &c. five shillings.

For a fee on ending every cause, two shillings and six pence.

For attending the judge on taxing the cost, two shillings and six pence.

For drawing and engrossing an execution and attending the judge to sign it, five shillings.

For drawing the copy of a Bond, or other writing declared upon, two shillings and six

pence.

For attending the Judge, to take depositions of sick persons, or such as are departing this Settlement, five shillings.

To the attorney to pay the Jury in every cause tryed, five shillings.

For filling up every writ, two shillings and six pence.

For a brief in every cause, five shillings.

For signing a declaration, plea, replication, demurrer, joyuder in demurrer, &c. two shillings.
For a pleading fee, in every cause tryed by a jury or argued on demurrer, ten shillings.
For attending the Judge at his chambers to make a motion, two shillings and six pence.
For every other motion in Court, one shilling.

For drawing a satisfaction to be acknowledged in Court, four shillings and six pence.

For signing and acknowledging the same, two shillings.

For drawing every judgement at large, two shillings and six pence.

For a fee in every cause not exceeding two Courts, each Court, five shillings.

For a fee on every rule to plead, one shilling.

For attending the Judge out of Court to acknowledge judgement or satisfaction, four shillings.

The attorneys fees in the County Courts, the same as above.

THE CLERK OF THE COURT OF COMMON PLEAS-HIS FEES.

For writing every writ, one shilling.

For fyling a declaration, plea, replication, demurrer, joynder in demurrer, &c. nine pence.
For copying a declaration or other writing, each copy sheet, seven pence half penny.
For entering every order of Court and copy, seven pence half penny.

For reading a bond, deed or power of attorney, seven pence half penny.

For every search in the records, seven pence half penny.

For signing any judgement at large, two shillings and six pence.

For attending drawing a jury at a special Court, five shillings.

For each day's attendance at a special Court, five shillings.

For drawing a recognizance and attending on taking every special bail, two shillings and six pence.

For recording every writing by the copy sheet, seven pence half penny.

For receiving money into Court and paying it out again, one pound and an half per cent.

The Clerk of the County Courts, his fees the same as the Clerk of the Court of Common Pleas and Clerk of the Crown.

THE MARSHAL OF THE COURT OF COMMON PLEAS-HIS FEES.

For summoning a special jury, ten shillings.

For serving every writ, six shillings.

For returning the same, one shilling and six pence.

For drawing a bail bond, two shillings.

For going by land or water to serve a writ, each mile from Charlestown to the persons residence only, and not for returning, per mile, two pence half penny.

For summoning the jury and returning the venire in each cause tryed, one shilling.

For calling each action, four pence.

For serving a subpoena or rule of Court, one shilling.

For an execution on the body or goods, if not above one hundred pounds proclamation mo

ney, twelve pence per pound, if above one hundred pounds proclamation money, for each pound above, six pence.