constitute a board of canvassers to canvass the votes polled for the office for which the then county clerk was a candidate; Provided, That in the event of the probate judge being a candidate for any office at said election, the county clerk shall canvass the votes as provided by law. The votes shall be so canvassed within the time and in the manner now prescribed by law. [12 Sess. Ter. 1867, 18. G. S. 365.]

CHAPTER 27.-ESTRAYS.

SECTION 1. [By whom taken up.]-It shall be lawful for any person hold ing land in this state, by deed, title, bond, or lease, for one or more years, and being in possession thereof, to take up any estray horse, mule, or ass, neat cattle, sheep, or swine, found within his enclosed premises at any season of the year; and any estray found around the premises of any lessee or freeholder between the twentieth day of October and the first day of April, may be taken up by such lessee or freeholder; and any horse, mule, or ass, with any portion of harness attached to them, and any oxen, with yoke, that are believed to have estrayed away from their owners, may be taken up by any person at any time. [R. S. 153. G. S. 368.]

SEC. 2. [Record of description.]-It shall be the duty of any person taking up an estray to send a description of the same to the county clerk within ten days after taking it up, and the county clerk shall immediately record the same in a book kept for that purpose, for which he shall receive the sum of twenty-five cents. The person taking up the estray shall, within twenty days thereafter, procure the publication of the description of such animal in any newspaper published within the county.

SEC. 3. [Publication.]—The proprietor of such newspaper shall publish said description for at least five consecutive weeks, and shall receive therefor the sum of three dollars; Provided, That if two or more estrays of the same species shall be taken up by the same person at the same time, they shall be included in the same publication; and in such case the aforesaid publisher shall receive no more than for one of such species, except, where the number so described shall exceed three, he shall receive one dollar for each estray beyond that number included in such publication.

SEC. 4. [Owner may reclaim.]-The owner of an estray may, at any time previous to its sale, reclaim the same on proving said property by oath or otherwise, and paying for the advertisement, and a reasonable compensation for any other necessary expenses incurred by the person taking up said estray.

SEC. 5. [Arbitrators.]—In case the parties cannot agree upon the amount of the expenses incurred, they may each choose a disinterested person to act as arbitrators, and the two chosen may choose a third. The decision of the arbitrators shall be final.

SEC. 6. [Disposition.]-When an estray, if it be a sheep, swine, or calf, under the age of one year, has not been reclaimed within six months after the advertising the same, it shall become the property of the person taking it up, without further proceedings. If the estray be a horse, mule, ass, bull, cow, or steer, over the age of two years, it must be reclaimed within six months from the time it was first advertised. If the estray is an animal over the age of one year, and not over the age of two years, it must be reclaimed within six months from the time it was first advertised. If any estray included in the last two named classes shall not be reclaimed within the time specified respectively, the person taking up the estray shall notify a justice of the peace of the county wherein said estray was taken up, who shall appoint two disinterested persons, and administer to them an oath or affirmation to faithfully and truly appraise said estray, and said persons, upon actual view of said property, shall appraise the same at its true value, and make due return thereof, in writing, to said justice of the peace, who shall appoint a day of sale, and cause notice of the time and place of sale, to be published at least five weeks consecutively before the day

NOTE.-Chap. XVIII. R. S. 153. Chap. 21. G. S. 368. 10 Neb. 497.

of sale, in a newspaper printed in said county and by posting up written or printed notices in three public places in the precinct where the estray is to be sold; and in case there is no newspaper printed in said county, there shall be three additional written or printed notices posted up at the county seat of said county, and on the day appointed said estray shall be sold by said justice to the highest bidder in cash; and the proceeds thereof, after deducting the costs of the proceedings and the expenses of keeping said estray, shall be paid to the county treasurer within ten days after the sale, subject to the order of the owner, provided the owner of said estray shall establish his ownership to the same, to the satisfaction of the county treasurer of said county, within one year from the day of sale; and if said balance is not so claimed within the time so specified, it shall be placed by said treasurer to the credit of the general school fund of said county. SEC. 7. [Place of sale.]-The place of sale shall be at the residence of the person taking up the estray.

SEC. 8. Price.]-When an estray is sold, it must bring at least two-thirds of the appraised value. In case it does not, the animal shall be re-appraised, and again offered for sale one week after the day appointed for the first sale, and no advertisement shall be necessary for the second sale.

SEC. 9. [No sale, when.]-When the appraisers think that the animal will not bring more than enough to defray the necessary expenses of the sale and advertisement thereof, said sale shall be dispensed with, and the person who took up the animal shall, on the payment of expenses, be the owner thereof.

SEC. 10. [Proceeds of sale.]-The money received from the sale of an estray shall go into the county school fund, all expenses first being paid.

SEC. 11. [Penalties.]—Any person violating section ten of this chapter shall be liable to a fine of not less than twenty dollars nor more than two hundred dollars. SEC. 12. [Appraisal.]—The appraisers of estrays shall estimate the value of the labor, trouble and expense of the person in taking up and keeping an estray-taking into consideration the services rendered by the animal.

SEC. 13. [Fees of appraisers.]-The appraisers of estrays shall receive fifty cents each for each appraisement, but when more than one animal is taken up at any one time by one person, they shall all be appraised as one, and the appraisers shall be entitled to compensation for but one appraisement. The justice of the peace shall receive for his services the sum of one dollar and fifty cents.

SEC. 14. [Payment of expenses.]-The advertisement, the appraisement, and the services of the justice of the peace, shall be paid by the person taking up the estray, and he shall receive the same, with fifty per cent. additional, from the proceeds of the sale of the estray.

SEC. 15. Gelding.]-If any horse or mule not gelded, two years old or upwards, shall be found running at large, it shall be lawful for any person to take up such horse or mule, and forthwith give notice to the owner or keeper, if he be known to the taker-up, and if the owner or keeper do not appear within three days thereafter and pay to the said taker-up two dollars as compensation for his trouble, the taker-up shall proceed to advertise said horse or mule, and the same proceedings shall be had in every respect as hereinbefore provided in cases of estray horses or mules; Provided, That the taker-up, may, after the expiration of twenty days from the time of advertising, geld, or procure to be gelded, the said horse or mule, which shall be done at the risk and expense of the owner.

SEC. 16. [Death of estray.]-Should any animal taken up as an estray die while in possession of the person taking it up, he shall not be liable for the loss unless its death was the result of mistreatment or wilful neglect.

CHAPTER 28.—FEES.

SECTION 1. The salaries and fees of the several officers hereinafter named shall be as follows: [R. S. 157. G. S. 371.]

SECS. 1-22, 28-39. Chap. XIX, R. S. 157. Chap. 22, G. S. 371. Secs. 26-8, G. S. 383, relating to commencement fee in supreme and district courts were repealed 1877, 68.

SEC. 2. [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, seventy-five 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.

SEC. 3. [Clerk of the district court.]-Docketing each cause, seventyfive 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, twentyfive 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 subpoena, 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. Fil

ing 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 cent. 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 feebill, 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.

SEC. 4. [Register in chancery.]-Docketing each cause, seventy-five cents. Taking affidavit, except those required to pleading, twenty-five cents. Issuing subpoena 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 fees are attached, fifteen cents.

SEC. 5. [Sheriff.]-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, subpœna 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 in

SEC. 5. Compensation for keeping prisoners, 5 Neb. 39. 8 Id. 38.

quest, to appraise goods and chattels taken by order of attachment, or replevin, fifty cents. Advertisement of sale in a 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 thous and 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. 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. [Amended 1877, 40.]

For

SEC. 6. [Services in county court.]-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. [Id.]

SEC. 7. [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 poisons, 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, 166.]

For

SEC. 8. Probate (county) judge.]-Docketing each cause, twenty-five cents. Entering appearance of parties, fifteen cents. Taking affidavit, twentyfive cents. Issuing summons or other writ under seal, fifty cents. Filing petition, answer or any other pleading or paper necessary in any case, except the accounts current and vouchers of executor, administrators or guardians, five cents. Probate of will, and entry thereof, two dollars. Letters testamentary or of administration or guardianship, under seal, and recording the same, two dollars. Taking and approving bond, twenty-five cents. Recording bond, will, sale bill, settlement of executor, administrator or guardian, for every ten words, one cent. copy of bond, will, sale bill, inventory, settlement, pleading, decree, record, or other document or paper, for every ten words, one cent. Filing an account and vouchers of executor, administrator, or guardian, for settlement, and entering the same on minutes of the court, fifty cents. Examining a partial or final settlement of executor, administrator or guardian, when the vouchers do not exceed fifty, one dollar. Every additional voucher, over fifty, two cents. Issuing citation, fifty cents. Giving notice of time of settlement, twenty-five cents. Issuing marriage license, and administering oath when necessary therein, one dollar and twenty-five cents. Hearing and deciding application in contested cases on petition to sell land, two dollars. Entering judgment, fifty cents. Issuing execution or order of sale, fifty cents. Making appointment of, and issuing commission to commissioners or appraisers, fifty cents. Filing and recording report of com