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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, four 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), fifty 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 service, except attending court, the same fees as are allowed to sheriffs for similar services.(")

2720. SEC. 32. For attending in any civil suit or proceeding before any court of Witnesses. record, referee, commissioner, or justice of the peace, for each day, two dollars; for traveling to the place of trial, for each mile, twenty-five cents. No person shall be obliged to attend as a witness in a civil action unless his fees for attendance have been tendered him, or he shall not have demanded the same; and no person shall be obliged in a civil action or proceeding to attend as a witness without the county in which he resides, unless the distance be less than thirty miles from his place of residence to the place of trial. [Amendment, approved April 7, 1857, 185.

2721. SEC. 33. For each day, to be paid in civil cases by the party in whose favor Jurors. verdict is rendered, before the same shall be entered; but the same may be recovered as costs from the party losing the case, two dollars; provided, that in the district court, Proviso. county court, 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 amount 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 county treasury, as other county dues. 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; until they are paid, no further proceedings shall be allowed in the action. No person shall receive fees for serving on a coroner's jury.

2722. SEO. 34. For making duplicate of taxes, or copies thereof required, per folio, County auditor. thirty cents. For filing treasurer's receipt and issuing license, to be paid by the party, fifty cents.

2723. SEC. 35. For filing each paper, twenty-five cents. Issuing any writ or pro- Justices of the cess, by which suit is commenced, fifty cents. For entering each cause upon his peace. docket, fifty cents. For subpoena to each witness, twenty-five cents. For administering an oath or affirmation, twenty-five cents. For certifying the same, twenty-five cents. For each certificate, fifty cents. For issuing writ of attachinent, or of arrest, or for delivery of property, one dollar. For entering any final judgment, per folio, for the first folio, one dollar; for each additional folio, thirty cents. For taking and approving any bond or undertaking, directed by law to be taken or approved by him, with the justifications thereto, one dollar. For swearing a jury, fifty cents, for taking depositions, per folio, thirty cents. For entering satisfaction of a judgment, fifty cents. For copy of a judgment, order, docket, proceedings, or paper in his office, for each folio, thirty cents. For transcript of judgment, per folio, thirty cents. For issuing commission to take testimony, one dollar. For issuing supersedeas to an execution, fifty cents. For making up and transmitting transcript and papers, on appeal, two dollars. For issuing an execution, fifty cents. For celebrating marriage, and returning certificate thereof to the recorder, five dollars. For all service and proceedings before a justice of the peace, in a criminal action or proceeding, whether on examination or trial, three dollars. For taking bail after commitment by another magistrate, in criminal cases, one dollar. For entering cause without process, one dollar. For entering judgment by confession, and only on affidavit, as required in the district court, three dollars. For entering every motion, rule, order, verdict, or default, twenty-five cents. For services as associate justice of the courts of sessions, five dollars per day, together with fifty cents per mile necessarily traveled, in going only, and once only during each term of the court.

2724. SEC. 36. Interpretors and translators may be allowed such compensation for

() In Butte County, by act approved April 14, 1862, 224, con- pressly revived as to the county, by act approved March 16, stables were allowed only five dollars in any one criminal case 1864; 1863-4, 184.

etc. The provision was repealed, and the above section ex

Interpreters and their services as the court shall certify to be necessary and just, to be taxed and collected as other costs, but the same shall not exceed five dollars per day.

translators.

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2725. SEC. 37. For the first mile actually run with compass and chain, five dollars; for each succeeding mile, four dollars. For each mile run with the compass alone, three dollars. For each lot laid out and platted in any city or town, two dollars. For recording a survey, two dollars. For calculating the quantity of each division made in a tract of land, town lots excepted, one dollar. For traveling to the place of survey, for each mile in going only, fifty cents; the distance shall be computed from his place of residence or from where his office is kept to the place of survey. And if the countysurveyor shall be required and duly notified, verbally or otherwise, to make other surveys while in the discharge of his official duty in the field, he shall only be entitled to mileage from the place last surveyed by him; but, if the distance shall be greater from the place last surveyed to the place where his services are required, he shall only be entitled to mileage from the county-seat of the county in which he lives, and in no case shall constructive mileage be allowed. For ascertaining the location of every town lot in an old survey, and measuring and marking the same, three dollars. For copies and certificates, per folio, thirty cents. For erecting a monument at the corner of any survey when required, three dollars. For copy of a plat of any survey, and certificate required by law to be transmitted to the surveyor general, three dollars, to be paid by the party requiring the survey. Expenses of assistant shall be an additional charge to be agreed upon between the parties; provided, that in Humboldt County, for surveying town lots, the county surveyor shall only be allowed such compensation as the corporate authorities of the town may agree upon. [Amendment, approved April 1, 1856, 70.

2726. SEC. 38. For every order or judgment, when not contested, one dollar. When contested, three dollars.

2727. SEO. 39. The fees allowed for services rendered by the county judge, as probate judge, shall be collected by the county clerk, who shall keep a full and accurate account of the same, in a book kept separate and apart for that purpose. The county clerk shall make a settlement, at least once a month, with the county treasurer, of the fees thus collected, and pay the amount in his hands into the county treasury. His accounts shall always be open to inspection by any county officers, or any person who may be interested therein. The county treasurer, in a book kept specially for that purpose, shall keep a full account of all moneys thus received, which shall constitute a separate and distinct fund, and so much thereof as may be necessary for that purpose, shall be applied to the payment of the salary of the county judge, and the residue, if any, shall be paid into the county treasury; and it shall be a misdemeanor for a probate judge to receive any fees to his own use, except in such manner as is prescribed in this section.

2728. SEC. 40. Any officer may refuse to perform any services in a civil action or proceeding, until the fee for such service is paid by the party requiring the service; provided, if any person shall make an affidavit before the county judge setting forth that he has a good cause of action, or defense, and that he is unable to pay fees in advance, the county judge may in his discretion require such person to give security for the costs, and then require such officers to perform such services; and it shall be the duty of such officers to obey the order of the county judge so made.

[SEO. 41 to Sec. 59 inclusive relates to San Francisco County. For the convenience of hav ing all the provisions relating to fees in that county together as far as practicable, the above sections are omitted here, and given further along under the head of

FEES IN SAN FRANCISCO CITY AND COUNTY, post, 2986.]

Tables of fees.

Costs of publication.

MISCELLANEOUS PROVISIONS.

2729. SEO. 60. Every officer whose fees are herein ascertained, shall publish and set up in his office fair tables of his fees according to this act, within six months after the passage thereof, in some conspicuous place, for the inspection of all persons who have business in his office, upon pain of forfeiting for each day a sum not exceeding twenty dollars, which may be recovered by any person by action before any justice of the peace of the same county, with costs.

2730. SEC. 61. When, by law, any publication is required to be made by an officer, of any suit, process, notice, order or other paper, the costs of such publication shall be first tendered by the party, if demanded, for whom such order or process or order was granted, before the officer shall be compelled to make publication thereof.

fees.

2731. SEO. 62. If any clerk, sheriff, justice of the peace or constable, shall not have Execution for received any fees which may be due him for services rendered in any suit or proceeding, he may have execution therefor in his own name, against the party from whom they are due, to be issued from the court in which the action is pending.

2732. SEC. 63. The secretary of State, treasurer, controller, attorney general and State officers' dictrict attorneys, shall be authorized to require searches in the respective offices of requirements. each other, and in the office of the clerk of the supreme court, of the several district courts, of the county courts, courts of sessions or recorders', for any papers, records or documents necessary to the discharge of the duties of their respective offices, and to require copies thereof and extracts therefrom, without the payment of any fee or charge whatever.

2733. SEC. 64. The term "folio," when used as a measure for computing fees or "Folios." compensation, shall be construed to mean one hundred words, counting every figure necessarily used, as a word; any portion of a folio, when in the whole draft or paper there should not be a complete folio, and when there shall be an excess over the last folio exceeding a quarter, shall be computed as a folio. The filing a paper shall be construed to include the certificate of the same.

2734. SEO. 65. When any sheriff, constable or coroner, serves more than one process Mileage, how in the same cause, not requiring more than one journey from his office, he shall receive computed. mileage only for the most distant service.

2735. SEC. 66. No attorney or counselor at law in any case shall be allowed any Attorneys as fees for attending as a witness in such cause.

witnesses.

2736. SEC. 67. Every officer, upon receiving any fees for official duty or service, Receipts for fees. may be required by the person paying the same, to make out in writing, and deliver to such person, a particular account of such fees, specifying for what they respectively accrued, and shall receipt the same; and if he refuse or neglect to do so when required, or shall receive illegal fees, he shall be liable to the party paying the same, for three times the amount so paid.

2737. SEC. 68. No fees shall be charged by any officer for administering and cer- Oath of office. tifying the oath of office.

2738. Sec. 69. Officers whose fees are set forth in this act, shall not be entitled to Fees not enumerated. charge or receive any fees not herein enumerated, unless specially provided for by law.

2739. SEC. 70. The attorney general, or any district attorney, is authorized to cause Witnesses on subpœnas to be issued, and compel the attendance of witnesses on the behalf of the behalf of State. State, without paying or tendering fees in advance to either officers or witnesses, and any witness failing or neglecting to attend after being served with a subpoena, may be proceeded against and shall be liable in the same manner as provided by law in other cases where fees have been tendered or paid.

of State treasury.

2740. SEO. 71. The clerk of any court, at which any witness shall have attended Fees payable out on behalf of the State, in a civil action, shall give to such witness a certificate, under seal, of travel and attendance, which shall entitle him to receive the same from the State treasury, on the controller's warrant.

2741. SEO. 72. The provisions of the two preceding sections of this act shall extend Application to preceding two to all actions and proceedings brought in the name of the attorney general, or any sections. other person or persons, for the benefit of the State.

2742. SEC. 73. An act entitled an act to regulate fees in office, passed May first, one thousand eight hundred and fifty-one, and an act to regulate fees in office, passed April twenty-second, one thousand eight hundred and fifty, and an act to regulate fees in office in certain counties of this State, passed April twenty-eighth, one thousand eight hundred and fifty-seven, so far as the same relates to the counties of San Joaquin and Alameda, are hereby repealed. [Amendment, passed March 5, 1858, 39.

act.

2743. SEC. 74. This act shall take effect on the first day of June, one thousand Taking effect of eight hundred and fifty-five, in the counties of San Diego, San Bernardino, Los Angeles, Santa Barbara, San Luis Obispo, Tulare, Monterey, Santa Cruz, Santa Clara, Stanislaus, Alameda, Contra Costa, San Joaquin, Sacramento, Yolo, Solano, Napa, Sonoma, Marin, Mendocino, Humboldt, Butte and San Francisco; and in the counties of El Dorado, Placer, Calaveras, Sutter, Yuba, Tuolumne, Sierra, Siskiyou, Klamath, Mariposa, Shasta, Trinity, Nevada, Colusa, Plumas and Amador, it shall take effect on the first day of October next.

379

Fees of county recorder.

Probate judge.

Superintendent of public instruction.

Sheriff.

Proviso.

IV.

FEES IN EL DORADO COUNTY.

An Act to regulate the fees of certain officers and witnesses and jurors in the County of El Dorado.

Approved April 19, 1859, 362.

2744. SECTION 1. Such fees are allowed to the officers hereinafter named, within the County of El Dorado, for their services rendered in discharging the duties imposed on them by law, as herein provided, and such officers may lawfully charge, demand, and receive the same.

[SECS. 2, 3, 4, 5 and 6 (relating to the fees of the clerks of the district court, probate court, county court, and court of sessions, and of the county clerk), were virtually repealed by act of April 6, 1863, given, post, 2753.]

2745. SEC. 8. For recording every instrument, paper, or notice, when required, for each folio, forty cents. For copies of any record, or paper, for each folio, thirty cents. For filing or receiving every instrument, or paper, for record, and making the necessary entries therein, twenty-five cents. For filing and keeping each paper not required to be recorded, and indorsing the same, if required, twenty-five cents. For making, in the several indexes required, all the entries required of the filing and recording any instrument, paper, or notice, twenty-five cents. For every certificate, or attestation under seal, fifty cents. For every entry of discharge of mortgage, on margin of record, twenty-five cents. For searching record and files of each year, in his office, when required, fifty cents. For abstract or certificate of title, when required, for each conveyance or incumbrance certified, one dollar. For recording every town-plat, for every course, twenty-five cents. For figures and lettering plats and maps, per folio, one dollar. For taking acknowledgment, including writing and seal, for the first name thereto, fifty cents; for each additional name thereto, 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 a marriage certificate, one dollar. For services rendered, either as county recorder or county auditor, chargeable to the county, he shall receive no fee or compensation, except the sum of fifteen hundred dollars per annum, said sum to be paid in monthly payments, at the end of each month, out of the county treasury, the same as other demands against the county.

2746. SEC. 9. For every order, or judgment, when not contested, fifty cents; when contested, one dollar.

2747. SEC. 10. The county superintendent of public instruction shall receive, for all services rendered in discharging the duties imposed on him by law, the sum of twelve hundred dollars per annum; said sum to be paid in monthly payments, at the end of each month, out of the county treasury, the same as other demands against the county.

2748. SEC. 11. For serving a summons, and complaint, or any other process, by which action or proceeding is commenced, on every defendant, two dollars. For traveling, in making such services, per mile, in going only, to be computed, in all cases, from the court-house of the county, fifty cents; provided, that if any two or more writs, or papers, require to be served in the same suit, at the same time, one mileage only shall be charged. For taking bond, or undertaking, in any case in which he is authorized to take the same, one dollar. For copy of any writ, process, or other paper, when demanded or required by law, for each folio, thirty cents. For serving every notice, rule, or order, one dollar. For serving a subpoena, for each witness summoned, fifty cents. For traveling, per mile, in serving each subpoena, in going only (but when two or more witnesses live in the same direction, traveling fees shall be charged only for the most distant), fifty cents. 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, two dollars; but no traveling fee 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 boat, in proceedings to enforce any lien thereon, created by law, four 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, when lands or personal property has been levied on, advertised, and sold, four per cent. on the first five hundred dollars; three per cent. on all over five hundred dollars, and under one thousand dollars; two per cent. on all over one thousand dollars, and under fifteen hundred dollars; and one per cent. on all over fifteen hundred dollars. For commissions for receiving and paying over money, on execution, without levy, or when the lands or goods levied on shall not be sold, two per cent. on the first one thousand dollars, and one 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 any sheriff's deed, to be paid for by the grantee, who shall, in addition, pay for the acknowledgment thereof, three 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 hereinbefore mentioned, for each mile necessarily traveled, in going only, fifty cents. For attending, when required, 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 arrest and detention, or to give bail, two dollars; and for traveling each mile from the county jail, in going, only, fifty cents. He shall, also, be allowed such further compensation, for his trouble and expense, in taking possession of property under attachment, or execution, or other process, and of 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, or trial of right of property, when required, to include all service in the matter, except mileage, five dollars. For making every arrest, in a criminal proceeding, three dollars. For serving a subpoena, in criminal proceedings, for each witness summoned, fifty cents. For executing every sentence of death, fifty dollars. For service of any process, in criminal cases, for each mile necessarily traveled, twenty cents; and in case of an arrest, fifty cents per mile. For taking prisoner before a magistrate, or to prison, in service of any process in criminal cases, he shall receive mileage for the most distant, only, where witnesses, and parties upon which service is made, live in the same direction. For summoning jurors, for each juror, including copies of venire, notice, or summons, and all traveling done in serving the same, one dollar and forty cents. For all services in justice's courts, the same fees as are allowed to constables in like cases.

2749. SEC. 12. The tax collector shall be allowed, for collecting all taxes and dues, Tax collector. payable to the State or county, except license taxes and foreign miner's taxes, on all sums collected and paid over by him, three per cent. on the first ten thousand dollars, four per cent. on all over ten thousand dollars and under twenty thousand dollars, and five per cent. on all over twenty thousand dollars, and for all sums collected and paid over for license taxes and foreign miner's taxes, the same rates as are now allowed by law.

2750. SEC. 13. For attending in any civil suit or proceeding, before any court of Witnesses. record, referee, commissioner, or justice of the peace, for each day, three dollars. And for traveling to the place of trial, for each mile, twenty-five cents. For attending in any criminal case, or proceeding before the district court, or court of sessions, for each day, two dollars. And for traveling to the place of trial, for each mile, twenty cents. No person shall be obliged to testify in a civil action, unless his fees for attendance have been tendered him, or he shall not have demanded the same.

2751. SEC. 14. For each day, to be paid in civil cases by the party in whose favor Jurors. verdict is rendered, before the same shall be entered, but the same may be recovered as costs from the party losing the case, three dollars; provided, that in the district Proviso. court, county court, 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 three 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 county treasury, as other county dues. 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. Until they are paid, no further proceedings shall

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