law requiring him to give a bond in a certain specified sum, he shall give bond in double the amount of the sum so intrusted to him, which, in case of state funds, shall be approved by the chief justice of the supreme court, and deposited in the office of the secretary of state; and in case of county funds, such bond shall be approved by the county commissioners and deposited in the county clerk's office. And no warrant shall be issued, or money paid over to such officer or person until said bond is filed as herein provided. The county commissioners of any one of the counties of this state may require the county treasurer to give aditional freehold sureties whenever in the opinion of a majority of law [said] commissioners the existing security shall become insufficient, and said commissioners are hereby also authorized and empowered to demand and receive from said county treasurer an additional bond as required by law, with good and sufficient freehold security in such sum as said commissioners or a majority of them may direct, whenever in their opinion more money shall have passed or is about to pass into the hands of said treasurer than is or would be recovered by the penalty in the previous bond, and if any county treasurer shall fail or refuse to give such additional security or bond for and during the time of ten days from and after the day on which said commissioners shall have required said treasurer so to do, his office shall be considered vacant, and another treasurer shall be appointed agreeable to the provisions of law.

2999. The provisions of this act, except as otherwise provided by law, apply to the bonds of receivers, executors, administrators, and guardians.

3000. [Former acts repealed.]-"An act concerning official bonds and oaths," approved February 19, 1873; sections 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, and 24, chapter 5, Revised Statutes of 1866, entitled "Bonds;" sections 3 and 4, chapter 37, Revised Statutes of 1866, sections one and two of "An act to define the duties of the secretary of state," approved February 15, 1877; sections 9 and 10 of "An act to provide for the election of an attorney general," approved February 15, 1869; section 1 of "An act defining the duties of the commissioners of public lands and buildings," approved February 19, 1877; "An act to amend section 8, chapter 5, of the Revised Statutes," approved February 15, 1869; section 89 of "An act to establish a system of public instruction for the state of Nebraska," approved February 15, 1869; section 9 of "An act regulating the state library," approved March 3, 1871; section 8 of "An act to provide for the election of district attorneys and to define their duties," approved June 11, 1867; section 36 of "An act concerning the organization, powers, and jurisdiction of probate courts," approved March 3, 1873; section 15 of "An act for the government of the hospital for the insane," approved March 3, 1873; section 30 of "An act to provide for the erection of a penitentiary, and for the care and custody of state convicts," approved March 4, 1870; section 10 of "An act to erect and maintain an institution for the blind," approved February 19, 1875; and all acts and parts of acts inconsistent herewith are hereby repealed; Provided, That such repeal shall not operate as a release of any officer or his sureties from liability incurred on any official bond heretofore given by him.

3001. The provisions of this act shall apply to all officers now holding office, except that such officers shall not be required to qualify anew or file new bonds. And the principal and sureties on any bond heretofore given, and otherwise regular and valid, shall be liable for any breach of the conditions of such bond, although there were no provisions of law requiring the execution of a bond by such principal, or affixing a penalty therein.

II. FEES.

Secs. 3002 to 3038, except secs. 3008 to 3010 and 3017 to 3020, formed part of ch. 19, R. S. 1866, p. 157, entitled "Fees." 3002. The salaries and fees of the several officers hereinafter named shall be as follows.

3003. Clerk of the supreme court.-Docketing each cause, civil or criminal, to be charged in each case but once, seventy-five cents. Issuing summons in error, writ of error, certiorari, writ of injunction or mandate, one dollar. Dismissal, discontinuance, or continuance, twenty-five cents. Entering each cause on the bar and court calendar, fifteen cents. Issuing and docketing execution or order of sale, one dollar. Taking affidavit, twenty-five cents. Filing motion, rule, affidavit, or other paper, ten cents. Issuing attachment and filing motion therefor, seventyfive cents. Indexing each cause, direct and reverse, each docket, ten cents. Entering judgment, decree, or order on the journal, twenty-five cents. For each ten words after the first one hundred words, one cent. Entering minute of judgment, decree, or order on the appearance docket, fifteen cents. Making copy of process, pleadings, record, or other paper, or any part thereof, for each ten words one cent. Entering satisfaction, twenty-five cents. Certificate and seal, fifty cents. Every search where no other services are rendered to which any fee or fees are attached, fifteen cents.

3004. Clerk of the district court.-Docketing each cause, seventy-five cents. Issuing summons, order of arrest, order of attachment, order of replevin, citation, or any mesne process, and filing return, fifty cents. Entering voluntary appearance of defendant, twenty-five cents. Taking bail-bond, twenty-five cents. Filing petition, pleading, indictment, or any other paper, ten cents. Issuing attachment and filing motion therefor, seventy-five cents. Entering return of any writ or order, other than of execution, order of sale, or of attachment, twenty cents. Entering each cause on the bar and court calendar of each term of the court, fifteen cents. Indexing each cause, direct and reverse, each docket, ten cents. Drawing petit jurors, and issuing venire, therefor, fifty-cents. Attending to the striking of special jury and issuing venire, one dollar. Impaneling jury and administering oath, twenty-five cents. Certifying to the county commissioners, at the -end of each term, the names of grand and petit jurors, and their terms of service and mileage, to be paid by the county, one dollar and fifty cents. Issuing subpœna and seal, twenty-five cents. Swearing and entering appearance of each witness, fifteen cents. Entering judgment on the journal, twenty-five cents. For each ten words after the first one hundred words, one cent. Entering verdict on the journal, twenty-five cents. Transcribing judgment or order on appearance docket, twenty cents. Drawing and issuing venire for grand jury, and impaneling the same, to be paid by the county, one dollar and twenty-five cents. Dismissal, discontinuance, or continuance, twenty-five cents. Taxing costs, each cause, thirty-three cents. Making complete record, for each ten words, one cent. Copy of process, pleadings, record, or paper filed, or any part thereof, for every ten words, one cent. Certificate and seal, twenty-five cents. Filing and entering petition for habeas corpus, twenty-five cents. Issuing writ of habeas corpus, one dollar. Issuing and docketing execution or order of sale, seventy-five cents. Entering return of execution, order of sale, or order of attachment, for each ten words, one cent. Indexing execution, or order of sale, direct and reverse, each docket, ten cents. Taking acknowledgment of deed or other instrument, fifty cents. Taking affidavit, except those required to pleading, forty-five cents. Each certificate or seal not herein provided for, twenty-five cents. Entering satisfaction of judgment, twenty-five

cents.

Every search made by the clerk, where no other service is rendered to which any fee or fees are attached, fifteen cents. Entering mandate and proceedings of supreme court, twenty-five cents. Entering transcript of judgment of justice of the peace, forty cents. Entering and docketing appeal from judgment of justice of the peace, forty cents. Suggesting death of party or diminution of record, fifteen cents. Substituting party on the record, fifteen cents. Commission to examine witnesses, fifty cents. Entering confirmation of sale, twenty-five cents. Recording declaration of intention to become a citizen of the United States, and certified copy thereof under seal, fifty cents. Recording final admission of alien to the right of citizenship, and certified copy thereof under seal, fifty cents. Filing and entering motion, rule or default, ten cents. Taking recognizance or entering forfeiture of recognizance, twenty-five cents. Arraignment of defendant, twenty-five cents. Entering retraction of plea or nolle prosequi, twenty cents. Issuing capias, warrants, or other process under seal in criminal cause, fifty cents. Entering remittitur, fifteen cents. Each clerk of the district and supreme court shall keep a docket in which he shall enter the costs chargeable and taxable against each party in any suit pending in said courts respectively; and he is hereby empowered at any time to make out a statement of such fees, specifying each item of the fees so charged and taxed, under the seal of the court, which fee-bill, so made under seal of said court, shall have the same force and effect as an execution; and the sheriff to whom said fee bill shall be issued shall execute the same as an execution, and shall have the same fees therefor; and the clerk shall have the same fees for issuing such bill that he is entitled to for the issuance of an execution; Provided, That the clerk shall not enter in such docket any fees of any officer claiming the same, unless such officer shall duly return an itemized bill of the same.

3005. Register in chancery.-Docketing each cause, seventy-five cents. Taking affidavit, except those required to pleading, twenty-five cents. Issuing subpœna in chancery, order of injunction, citation, or any mesne process under seal, fifty cents. Filing bill, pleading, or other paper ten cents. Approving bail bond, twenty-five cents. Entering return on subpoena, injunction, citation, or any mesne process, twenty-five cents. Entering each cause on the bar and court calendar, each term, ten cents. Indexing each cause, direct and reverse, each docket, ten cents. Entering decree, fifty cents, and order on the journal, twenty-five cents. And for each ten words after the first one hundred words, one cent. Transcribing decree or order on appearance docket, ten cents. Dismissal, discontinuance, or continuance, twenty-five cents. Taxing costs, each cause forty cents. For making complete record, transcript, or copy of process, pleadings, record, or other paper filed, or any part thereof, for each ten words, one cent. Certificate and seal, twenty-five cents. Entering allowance of injunction, fifty cents. Issuing execution or order of sale, seventy-five cents. Entering return of execution or order of sale, for each ten words, one cent. Entering satisfaction of decree, twenty-five cents. Filing and entering notice of appeal, fifteen cents. Filing and entering motion or rule, fifteen cents. Every search, where no other service is rendered to which any fee or feesare attached, fifteen cents.

3006. Sheriffs.-Serving capias with commitment or bail-bond and return, one dollar. For serving search warrant, one dollar. For arresting under search warrant, one dollar for each person so arrested. Serving summons, subpoena in chancery, order of attachment, order of replevin, writ of injunction, scire facias, citation, or other writ of mesne process, and return thereof, fifty cents. For each defendant after the first in the same case, twenty-five cents. Copy of summons, subpoena in chancery, order of attachment, twenty-five cents. Serving subpoena for

witnesses, each person served, twenty-five cents. Taking and filing replevin, bond, or other indemnification, to be furnished and approved by the sheriff, fifty cents. Making copy of any process, or bond, or paper, other than herein provided for, twenty-five cents. Traveling expenses for each mile actually and necessarily_traveled, five cents. Levying writ of execution, and return thereof, one dollar. Levying writ of possession, with the aid of the county, two dollars. Levying writ of possession, without the aid of the county, one dollar. Summoning grand jury, not including mileage, to be paid by the county, five dollars. Summoning petit jury, not including mileage, to be paid by the county, six dollars. Summoning special jury, for each person impaneled, twenty-five cents. Calling jury for trial of cause, twenty-five cents. Serving notice of motion, or other notice, or order of court, fifty cents. Executing writ of habeas corpus, and return, one dollar. Serving writ of restitution, and return, one dollar. Calling inquest, to appraise lands and tenements levied on by execution, fifty cents. Calling inquest to appraise goods and chattels taken by order of attachment or replevin, fifty cents. Advertisement of sale in newspaper, in addition to the price of printing, fifty cents. Advertising in writing for sale of real or personal property, one dollar. Executing writ, or order of partition, two dollars. Making deeds for lands sold on execution or order of sale, one dollar. Committing prisoner to prison, fifty cents. Attending before judge, or court, in criminal cases, one dollar. Opening district court and attending thereon, per day, to be paid by the county, two dollars. Commission on all money received and disbursed by him on execution, or order of sale, order of attachment, decree, or on sale of real or personal property, shall be for each dollar not exceeding four hundred dollars, three cents; for every dollar above four hundred dollars and not exceeding one thousand dollars, two cents; for every dollar above one thousand dollars, one cent; Provided, That in all cases where no money is received or disbursed by him, no percentage shall be allowed. For executing death warrant, such fee as the county commissioners shall deem reasonable and just, to be paid by the county. For guarding prisoners, when it is actually necessary, two dollars per day, to be paid by the county. Where there are prisoners confined in the county jail, one dollar and fifty cents per day shall be allowed the sheriff as jailer. For boarding prisoners per day, not exceeding seventy-five cents per day, nor more than three and one-half dollars per week, when the prisoners are confined more than six days.

See sec. 3043, post. Amended 1877, p. 40. Compensation for keeping persons to be fixed by county commissioners, not exceeding seventy-five cents per day. 8, 38; 5, 39.

3007. For performing the duties required by law to be performed by them in the county court, sheriffs shall receive the same fees as are allowed for similar service in the district court, except for attendance on the county court, to be taxed against the proper party or parties by the county judge.

Amended 1877, p. 42.

Secs. 3008 and 3009.

"An act prescribing fees for sheriffs in cases of execution and attachments." 1871, p. 116. In force March 28.

3008. In all cases where writs of attachment against property are issued, the officers to whom such writ is directed for service shall be empowered to demand in advance, and receive before said service, the regular fees for service of papers, and in addition thereto a sum of money sufficient to defray the expenses incurred for work and labor in the taking possession of or removal of the property ordered attached, and for the safe keeping thereof; said sum to be taxed in the costs.

3009. [Same.]-In all cases of attachment, when the property ordered attached consists of merchandise or miscellaneous goods, and time is absolutely necessary to properly appraise the same as required by law, the residents of the county, sum

moned to appraise said property, shall be entitled to a just and fair compensation for their time and labor and mileage, when necessary to go any distance exceeding one mile; and the sheriff or other officer is empowered to demand and collect the same as other fees.

Sec. 3010. "An act to provide for paying officers for services rendered in case of felony." 1871, p. 133. In force March 27.

3010. [Fees in criminal cases.]-That the board of county commissioners of the several counties in this state are hereby authorized to audit and allow the fees that may be fixed by law for services that may hereafter be performed by justices of the peace, constables, and sheriffs in their respective counties, in the arrest and examination of offenders charged with felony or misdemeanor.

The words "or misdemeanor" are unconstitutional and are to be rejected. 10, 299 (4 N. W., 984).

3011. Coroner.-For viewing a dead body, ten dollars. Summoning and qualifying an inquest, fifty cents. Drawing and returning inquisition, for each ten words, one cent. For physician making post mortem examination of dead body, not less than ten dollars each, and in cases requiring careful and difficult dissection, or an analysis of poison, not to exceed in any case fifty dollars, to be paid out of any goods, chattels, lands and tenements of the slayer (in case of murder or manslaughter), if he hath any, otherwise by the county, with mileage or distance actually traveled to and from the place of viewing the dead body. For all other services rendered, the same fees as are allowed the sheriff, and mileage.

Amended 1869, p. 166.

3012. The county judge, for any service performed by him, in any matter within the jurisdiction of a justice of the peace, shall be allowed the same fees as are allowed by law to justices of the peace for like services, and in all civil actions triable in the county court of which a justice of the peace has not jurisdiction, the county judge shall be entitled to receive the following fees: Docketing each cause, twenty-five cents; issuing summons or other writ under seal, fifty cents; entering appearance of parties, fifteen cents; taking affidavit, twenty-five cents; filing petition, answer, or any other pleading or paper necessary in any case, ten cents; for copying or entering in full on the docket, the petition, answer, or any other pleading necessary in any case, one cent for each ten words thereof; taking and approving bond or undertaking, twenty-five cents; recording bond, for every ten words, one cent; administering oath or affirmation to witness, ten cents; for entering cause on calendar and setting same for trial, twenty-five cents; certificate and seal, twenty-five cents; issuing execution and entering return, seventy-five cents; filing and entering motion, fifteen cents; issuing subpoena and seal, fifty cents; commission on money collected on judgment without execution shall be one per cent on the first two hundred dollars ($200), one-half of one per cent on all amounts over two hundred ($200) and under five hundred ($500) dollars, and one-fourth of one per cent on all amounts over five hundred ($500) and under one thousand dollars ($1,000); issuing order of sale, fifty cents; copy of appeal, or copy of pleadings, or other papers for any purpose, for each ten words, one cent; for each day's attendance upon a cause, after the first day, one dollar; entering judgment, fifty cents; for each adjournment, fifty cents; for each dismissal, discontinuance, or satisfaction, twenty-five cents; entering voluntary appearance of defendant, twenty-five cents; issuing marriage license, administering oath when necessary therein, and recording certificate, one dollar and fifty cents; and in matters of probate the county judge shall be entitled to receive the following fees: For receiving, filing and recording petition for any purpose, fifty cents; taking affidavit, twenty-five cents; issuing citation or notice under seal, fifty cents; order for day of hearing application, fifty cents; probate of will and