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2964. SEC. 6. Section six of said act is amended to read as follows:

SEC. 6. For recording every instrument, paper, or notice, when required, in the County recorder English language, for each folio, thirty cents; in any other language, for each folio, fifty cents. For filing and receiving every instrument, paper, or notice of, or record, twenty-five cents. For making the necessary entries in every instrument, paper, or notice, filed for record, fifty cents. For filing and keeping each paper, not required to be recorded, and indorsing same, fifty cents. For making, in the several indexes, the entries required, of the filing and recording any instrument, paper, or notice, for each entry, twenty-five cents. For every certificate or attestation, under seal, seventy-five cents. For every entry or discharge of mortgage on margin of record, fifty cents. For indexing every satisfaction of mortgage, twenty-five cents. For searching records and files of each year in his office, fifty cents. For abstract or certificate of title, when required; for each conveyance, or incumbrance, certified, fifty cents. For recording every plat or map, for each course, thirty cents. For figures, and lettering plats and maps, for each folio, one dollar. For acknowledgment of deed, or other instrument, including all writing and seal, for the first name, one dollar; for each additional name, twenty-five cents. For filing and recording every marriage certificate, one dollar. For recording every mark, brand, or counterbrand, one dollar. For copies of papers and records, the same fees as are allowed for recording the same. 2965. SEC. 7. Section seven of said act is amended to read as follows:

SEC. 7. The county auditor shall receive, for services rendered by him in the dis- County auditor. charge of the duties imposed upon him by law, for each folio, thirty cents. For services in examining, adjusting, and settling, the accounts of the county treasurer, sheriff, assessor, tax collector, or any other revenue officer, upon the days required by law, for each day, five dollars. For filing and indorsing each paper, twenty-five cents. For all other services, the same fees as are allowed the clerk of the district court for similar services.

2966. SEC. 8. Section eight of said act is amended to read as follows:

SEC. 8. The clerk of the board of supervisors, the clerk of the board of equaliza- Clerk of board tion, and the clerk of the board of canvassers, shall receive, for each day's attendance of supervisors. on said board, five dollars; provided, that if, after the adjournment of the board of Proviso. equalization, or board of canvassers, it may be necessary, in order to complete the minutes of said boards, required by law, that they may allow him five dollars per day additional compensation for such necessary services rendered, which allowance shall not exceed the sum of one hundred dollars per annum. For all other services, the

same fees as are allowed the clerk of the district court for similar services.

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Sheriff.

2967. SEC. 9. Section nine of said bill is hereby amended so as to read as follows: SEC. 9. For serving a summons and complaint, or any other process by which an action or proceeding is commenced, on every defendant, one dollar. For traveling in making such 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 are Proviso. 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 undertakings in any case in which he is authorized to take the same, seventy-five cents. 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, fifty cents. For serving a subpoena, for each witness summoned, fifty cents. For traveling, per mile, in serving each subpœna, or venire, in going, only, forty cents; but when two or more witnesses, or jurors, live in the same direction, traveling fees shall be charged only for the most distant. For serving any attachment on property, or levying an execution, or executing an order of arrest, or order for the delivery of personal property, one dollar and fifty cents, with traveling fees, as on a summons; 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, except for the distance actually and necessarily traveled, beyond that required to serve the summons. For serving an attachment upon any ship, boat, or vessel, in proceedings to enforce any lien, created thereon by law, five 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 newspaper, two dollars. For commission for receiving and paying over money on execution, or process, when land or personal property has been levied on, advertised and sold-on the first one thousand dollars, two per cent., and on all sums above that amount, one 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 judgment debtor, 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 going, only, forty cents. For attending, when required, on any court, in person or by deputy, for each day, five dollars, to be paid out of the county treasury. 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, one dollar. And for traveling each mile from the jail, in going, only, forty cents. He shall also be allowed such further compensation for his trouble and expenses in taking possession of property under attachment, or execution, or other process, and in 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 services in the matter, except mileage, five dollars. For attending on the supreme court, either in person or by deputy, for each day, five dollars, to be paid out of the State treasury, as other claims. For making every arrest in a criminal proceeding, two dollars. For serving each subpoena in criminal proceedings, fifty cents. For executing every sentence of death, twenty dollars. For summoning a grand jury, ten 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, twenty cents. And the same mileage for taking prisoners before a magistrate, or to prison. In serving subpoenas or venire in criminal cases, he shall receive mileage for the most distant only, where witnesses and jurors live in the same direction. For all services in justices' courts, the same fees as are allowed to constables in like cases.

SEC. 10. This act shall take effect and be in force from and after its passage.

[The act of April 18, 1862, regulating the fees in Santa Barbara and Los Angeles Counties, where not in conflict or inconsistent with the foregoing act, is in force in Los Angeles County.]

Fees of clerk of district court.

XXII.

FEES IN SANTA CLARA COUNTY.

An Act to regulate the fees and fix the salaries of certain officers in the County of Santa Clara.

Approved March 28, 1864; 1863-4, 219.

2968. SECTION 1. Such fees or salary shall be allowed to the officers hereinafter named within the County of Santa Clara, 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.

2969. SEC. 2. The county clerk, as the clerk of the district court, shall receiveFor entering each suit on the clerk's register of actions, and making the necessary entries thereon during the progress of the trial, for each folio, fifteen cents. For issuing every writ or process under seal, forty cents. For issuing subpoena for one or more witnesses, twenty cents. For filing each paper, fifteen cents. For entering every motion, rule, order, or default, twenty cents. For entering every discontinuance, dismissal, or non-suit, twenty cents. For entering every cause on the calendar, and making a copy thereof for the bar for each term of the court, twenty-five cents. For calling and swearing every jury, forty cents. For receiving and entering each verdict of a jury, forty cents. For entering every final judgment, for the first folio, seventyfive cents; for each subsequent folio, fifteen cents. For filing judgment-roll, twenty cents. For entering judgment on judgment-docket, twenty cents. For entering satisfaction of judgment, forty cents. For administering every oath or affirmation, fifteen cents. For certifying every oath or affirmation, fifteen cents. For copy of proceeding or record of paper, for each folio, fifteen cents. For every certificate under seal, forty cents. For searching the files of each year in his office, but not to charge suitors and attorneys, twenty-five cents. For issuing every commission to take testimony, fifty cents. For taking down testimony of witnesses during the trial, for each folio, fifteen cents to be paid by the party requiring the same. For issuing every execution or other final process. forty cents. For issuing every decree or order of sale of mort

gaged property, forty cents. For issuing writ of injunction or attachment, forty cents. For entering judgment by confession, the same fees as in other cases of entering judgment. For receiving and filing every remittitur from supreme court, and accompanying papers, forty cents. For taking each bond required by law, forty cents. For taking justification thereto, twenty-five cents. For acknowledgment of deed or other instrument, including all writing and the seal, for the first name thereto, one dollar; for each additional name, fifteen cents. When the court is sitting as a court of criminal jurisdiction, he shall receive for the trial of each issue, when the charge is misdemeanor, three 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, fifteen cents; for the trial of each issue where the charge is felony, five dollars.

court.

2970. SEC. 3. As clerk of county court, for filing all papers sent on appeal from Clerk of county justice's court, in each cause, and making the necessary entries concerning the same, one dollar and fifty cents. For all other services, the same fees as are allowed in the the district court for similar services.

court

2971. SEC. 4. As clerk of the probate court, for issuing letters testamentary or of Clerk of probato administration, forty cents. For certificate of appointing appraisers or guardians, forty cents. For writing and posting notices when required, for each copy, forty cents. For recording wills, per folio, fifteen 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, forty cents.

2972. SEC. 5. The county recorder shall receive, for recording any instrument, County recorder. paper, or notice, when required, for each folio, fifteen cents. For copies of any record or paper, per folio, fifteen cents. For filing or receiving every instrument for record, and making the necessary entries thereon, fifteen 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 cents. For every certificate under seal to copies of papers or records in his office, when required, forty cents. For every entry of discharge of mortgage on margin of record, forty cents. For searching records and files of each year in his office, when required, twenty-five cents. For abstract or certificate of title, when required, for each conveyance or incumbrance certified, fifteen cents. For recording every town plat, for every course, ten cents. For figures and lettering plats and maps, per folio, twenty-five cents; pro- Proviso. vided, 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 cents. For filing and entering a minute of certificate of sheriff's sale, forty cents. For filing and entering a minute of certificate of tax sale, forty cents. For recording marriage certificate, one dollar. For filing and keeping each paper not required to be recorded, and indorsing the same, if required, twenty cents.

2973. SEC. 6. The county recorder, as ex officio county auditor, shall receive for all Salary of auditor. services required of him in his office, or by virtue of his office, a salary at the rate of

eight hundred dollars per annum, to be paid quarterly out of the general fund of the

county.

treasurer.

2974. SEC. 7. The county treasurer, for all services required of him by law, or by Salary of virtue of his office, shall receive a salary at the rate of two thousand five hundred dollars per annum, to be paid quarterly from the general fund of the county. 2975. SEO. 8. The county collector shall collect all taxes and licenses of every kind Fees of collector. required of him by law, and shall receive for collecting all licenses and poll taxes the per centage allowed under the general revenue laws of this State, and for collecting all property taxes he shall receive one per cent. on all moneys collected and paid over to the treasurer, and he shall receive no other compensation whatever for making out delinquent-list, or for performing any duty required of him by law.

Fees of certain

officers to be

2976. SEC. 9. The officers named in the sixth, seventh, and eighth sections of this act shall collect and safely keep all fees, commissions, and per centage, now allowed paid into county by law for services rendered by them in their several official capacities, except for such treasury. services as the county or State is chargeable with, and upon the first Monday of each month shall pay over the same to the county treasurer, which shall become a part of the general fund of the county, and any compensation or allowance made by the general revenue or other laws of the State out of the State treasury or funds to the auditor, treasurer, or collector, shall hereafter be retained in or be paid into the county treasury as a part of the general fund of the county, except the mileage allowed by

Salaries to be paid quarterly.

Proviso.

the State to the county treasurer, which mileage he shall be entitled to receive and retain to his own use.

2977. SEC. 10. On the first Monday of the regular quarterly meeting of the board of supervisors, the officers to whom salaries are due may make out and present to the board of supervisors the account of their services, as provided in this act; and if it shall appear to the satisfaction of the board that said officers have complied with the provisions of this act, they shall allow and order paid, out of any money in the treasury not set apart for any specific purpose, the amount severally due them; provided, no salary shall be paid in advance.

SEC. 11. This act shall take effect and be in force from and after the first Monday in March, one thousand eight hundred and sixty-six.

SEC. 12. All acts and parts of acts in conflict or inconsistent with the provisions of this act, so far as the same relates to the officers herein before named in the County of Santa Clara, are hereby repealed.

[The act of April 28, 1857, where not in conflict or inconsistent with the foregoing act, is in force in Santa Clara County.]

Fees of officers.

Proviso.

Fees of clerk of district court.

XXIII.

FEES IN CONTRA COSTA COUNTY.

An Act to regulate the fees of certain county officers of Contra Costa County.

Approved, February 1, 1858, 16.

2978. SECTION 1. The county clerk of said county, as clerk of the district, county, and probate courts, and county recorder, the sheriff, county surveyor, justices of the peace, and constables of said county, are hereby authorized to charge and collect fees of office, in accordance with the provisions of "An Act to regulate fees of office in the different counties in this State," approved April tenth, one thousand eight hundred and fifty-five, as they were collectable in said county under said act; provided, that all fees collectable out of the county treasury, shall be paid under the provisions of the act now in force in said county.

[The act last referred to in the above act is the act of April 28, 1857, which appears to be still in force in Contra Costa County, where not inconsistent with either the foregoing or the following act.]

An Act to regulate fees in office in the County of Contra Costa.

Approved, April 27, 1863, 666.

2979. SECTION 1. In the County of Contra Costa, such fees are allowed to the offi cers herein named for their services rendered in discharging the duties imposed on them by law, as herein provided, and such officers may lawfully demand and receive the same, and no more.

2980. SEC. 2. For entering each suit on the clerk's register of actions, and making the necessary entries therein during the progress of the trial, for each folio, twenty cents. For issuing every writ or process, under seal, fifty cents. For each subpoena, for one or more witnesses, twenty-five cents. For filing each paper, twenty-five 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 term of the court, twenty-five cents. For calling and swearing every jury, fifty cents. For receiving and entering each verdict of a jury, fifty cents. For entering every final judgment, for the first folio, one dollar; for each subsequent folio, twenty-five cents. For filing judgment-roll, twenty-five cents. For entering judgment on judgmentdocket, twenty-five cents. For entering satisfaction of judgment, fifty cents. For administering every oath, or affirmation, twenty-five cents. For certifying every oath, or affirmation, twenty-five cents. For copy of any proceeding, record of paper, for each folio, twenty cents. For every certificate, under seal, fifty cents. For searching the files of each year in his office (but not to charge suitors or 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 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, fifty cents. For issuing writ of injunction, or attachment, fifty cents. For entering judgment by

confession, the same fees as in other cases of entering judgment. 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 deed, or other instrument, including all writing and the seal, for the first name thereto, one dollar, and each additional name, twenty-five cents. When the court is sitting as a court of criminal jurisdiction, he shall receive for the trial of each issue, when the charge is misdemeanor, three dollars. He shall receive no other fees for any service whatever in a criminal action or proceeding, except for copies of papers, for each folio, twenty cents. For the trial of each issue, when the charge is felony, five dollars.

court.

2981. SEC. 3. For filing all papers sent on appeal from justices' courts, in each Clerk of county cause, and making the necessary entries concerning the same, two dollars. For all other services, the same fees as are allowed in the district court for similar services.

2982. SEC. 4. The clerk shall receive the same fees as are allowed the clerk of the Clerk of court district court in criminal cases.

of sessions.

court.

2983. SEC. 5. For issuing letters testamentary or of administration, fifty cents. For Clerk of probate 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 cents. For all other services, the same as are allowed the clerk of the district court for similar services. For notices given by publication, in addition to the cost of publication, fifty cents.

2984. SEC. 6. For recording any paper, instrument, or notice, when required, for County recorder. each folio, fifty cents. For copies of any record or paper, per folio, twenty cents. For filing or receiving every instrument for record, and making the necessary entries therein, 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 records, fifty cents. For searching records 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, twenty-five cents. For recording every town plat, for every course, fifteen cents. Figures and lettering plats and maps, per folio, fifty cents. For taking and writing acknowledgments, including seal, for the first signatnre, 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, one dollar. For filing and keeping each paper not required to be recorded and indorsing same, if required, twenty-five cents.

peace.

2985. SEC. 7. The justices of the peace, severally, in civil cases, shall be allowed, in Justices of the any action before them, for all services required to be performed by them before trial, three dollars. For the trial and subsequent proceedings, including all affidavits, swearing witnesses and jury, and the entry of a final judgment, five dollars; provided, that Proviso. in case judgment is entered by default, five dollars only shall be charged for all services in the cause. For making up and transmitting transcripts, and all papers on appeal, including justification of sureties, approving bonds, etc., two dollars. For taking depositions, per folio, twenty cents. For issuing commission to take testimony, one dollar. For issuing search warrant, one dollar. For celebrating marriage, and returning certificate thereof to the recorder, five dollars. For all services and proceedings before a justice of the peace in a criminal action or proceeeding, whether on examination or trial, three dollars. For taking bail after commitment in criminal cases, one dollar. For entering judgment by confession, and only on affidavit, as required in the district court, three dollars. For services as associate justice of the court of sessions, four dollars per day. For copies of papers filed in his office, per folio, twenty cents. SEC. 8. All laws and parts of laws inconsistent with the foregoing are hereby repealed.

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