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sheriff.

SEC. 764. The clerks and sheriffs are required to keep constantly posted up in their offices copies of this fee bill, in French and English, Fee bill to be kept posted up certified by the judge; and on failing to comply with this section they by clerk and shall be subject to a fine of fifty dollars per month for the benefit of the parish, to be recovered by the police jury before any court of competent jurisdiction.

D. sec. 3562.

SEC. 765. Every sheriff in this State shall be entitled to one bunCompensation dred dollars per annum, and each and every clerk of the several dis- of clerk and trict courts to fifty dollars per annum, as a compensation for their inal matters. services in matters of a criminal nature pending in their respective

courts.

sheriff in crim

D. sec. 3563, 1042, 2776.

ers.

SEC. 766. The sheriffs throughout this State shall be entitled to deMileage for conmand for transportation of prisoners, for mileage, six cents for each veying prisonmile he may necessarily travel, both in going and returning; and for the expenses of one prisoner conveyed as aforesaid he shall receive five cents per mile for going only, and for each additional prisoner thus conveyed the sum of three cents for each mile.

D. sec. 3564; Act 1870, No. 101, sec. 2.

how made out.

SEC. 767. No sums shall be paid to any sheriff for any services as specified in the preceding section unless his account shall name the His accounts, prisoners so conveyed; and, when certified by the judge as regards the distance, shall be paid on the warrant of such judge.

D. sec. 3565.

Distance, how

SEC. 768. The distance for which sheriffs are to be paid is to be computed from the jail of the parish from whence the prisoner was re- computed, moved to the jail or penitentiary in this State to which the sheriff was ordered to conduct such prisoner, and where they did actually deliver him.

D. sec. 3566.

SEC. 769. (Lunatics, how admitted.) See D, 1768.

D. sec. 3574, 1965; Act 1855, p. 453.

SEC. 770. Every notary public, recorder of mortgages and parish

recorder acting as notary public or recorder of mortgages, in this Fees of notaries State, shall be entitled to demand and receive the following fees of and recorders. office, and no more, to-wit:

For writing original acts of any kind, including recording the same,

for every hundred words, twenty-five cents.

For every necessary seal and certificate to every notarial act, seventy-five cents.

Fees of recorder of mort

gages and reg. ister of conveyances in New Orleans.

For making copies of all official documents, ten cents for every hundred words.

For seal and certificate to any copy, fifty cents.

For proving up an act under private signature, fifty cents.

For recording an act under private signature, ten cents for every hundred words.

For certificate of record and seal to an act under private signature, fifty cents.

For recording acts under private signature, which have been proved up otherwise than before the parish recorder or notary, ten cents for every hundred words.

For certificate of mortgage, with seal, one dollar, and for every hundred words after the first four hundred, twenty cents.

For canceling a mortgage, one dollar.

The parties to a notarial act may, by written clause in the act, dispense with the certificate of mortgage required by article three thousand three hundred and twenty-eight of the civil code, and the notary or parish recorder shall not in such case be entitled to charge for such certificate.

For fixing seal on effects of intestates, two dollars.

For removing the same, with proces verbal, one dollar.
For swearing each appraiser or expert, twenty-five cents.
D. sec. 3143; Act 1870, No. 101, sec. 10.

SEC. 771. The register of conveyances and recorder of mortgages of the city of New Orleans shall be entitled to the following fees of office:

For each registry of a mortgage, one dollar and fifty cents.

For certificate of mortgage, one dollar.

For canceling a mortgage, one dollar.

For each registry of conveyance, one dollar.

For certificate of conveyance, one dollar.

For any other certificate required of them in their respective offices under the provisions of law, fifty cents.

D. sec. 3163, 3172; Act 1870, No. 101, sec. 10, 12.

SEC. 772. (Fee for recording birth or death.) See D. 348.
D. sec. 3126; Act 1855, p. 41.

SEC. 773. (Recorder's fees for marks and brands.) See D. 385.
D. sec. 3137; Act 1855, p. 37.

SEC. 774. (Fees of recorder for taking bonds.) See D. 353.
D. sec. 3134; Act 1855, p. 81.

See Act 1880, Nos. 24, 66, 94, 136, for parish of Orleans.

FEES OF JUSTICES OF THE PEACE.

SEC. 775. Justices of the peace shall be entitled to demand the following fees, to-wit:

For each order issued on the demand of the party, fifty cents.

For rendering judgment by default, fifty cents.

For rendering a final judgment, one dollar.

For administering an oath when the affidavit is written, and signing the same, twenty-five cents.

For administering an oath and writing the same, for every twenty words, twelve and a half cents.

For filing petition, answer, or answer to interrogatories, each twentyfive cents.

For citation or process to compel appearance, fifty cents.

For filing the same when returned and noticing return, twelve and a half cents.

For summons for witness, twelve and a half cents.
For each necessary certificate, twenty-five cents.
For swearing each witness, twelve and a half cents.
For entering judgment in each case, fifty cents.

For issuing attachement, seventy-five cents.

For receiving and entering return on attachment, twelve and a half

cents.

For entering satisfaction on judgment, twenty-five cents.

For issuing fieri facias, one dollar and seventy-five cents.

For filing fieri facias when returned, and recording return, twentyfive cents.

For issuing a warrant in a criminal prosecution, one dollar.
For each summons for witness, twelve and a half cents.

For taking their deposition and writing the same, twenty-five cents each.

For examination of the party and writing the same, one dollar. For taking the recognizance of the party or the witnesses in the cases directed by law, twenty-five cents.

Act 1874, No. 129, p. 229; D. sec. 2075, 2078, 2039, 2090, 2091; Act 1855, p. 162; Act Ex. S. 1877, No. 90, p. 128; ibid. No. 7.

SEC. 776. (Persons bound to keep the peace in New Orleans to pay costs.) See D. 1046.

D. sec. 1010, 2058; Act 1855, p. 151

SEC. 777. The constables throughout the State shall be entitled to demand the following fees:

For serving a State warrant, to be paid by the parish, fifty cents.
For serving a summons and warrant for debt, fifty cents.

Fees of justices in civil cases.

In criminal prosecutions.

Fees of consta bles.

Fees of consta

Summoning each witness, fifty cents.
Serving an execution for debt, fifty cents.

Selling property taken under execution, for each dollar, five cents.
For conveying a prisoner to jail, one dollar.

Serving search or peace warrants, one dollar.
Serving attachment, fifty cents.

D. sec: 623; Act 1880, Nos. 25, 27, 136.

SEC. 778. Constables for the parish of Orleans shall be entitled to

bles in the par- demand and receive the following fees of office, and no more, to-wit;

ish of Orleans.

Provided.

Vessels, etc..

only liable for

For serving citation, fifty cents.

For serving notice of trial, fifty cents.

For serving subpoena, fifty cents, and attachment for witnesses, fifty cents.

For serving a rule or motion, fifty cents.

For serving notice of judgment, fifty cents..

Return of fieri facias, no property found, fifty cents.

For return of fieri facias, satisfied, one dollar.

For levying fieri facias and making sale, five per cent.; however, no percentage shall be allowed to constables on any money made on execution over and above the amount for which they may have a writ in their hands.

For serving provisional seizure, one dollar.

For serving attachment, bail writ, sequestration and injunction, each one dollar.

For taking bond in any case, fifty cents.

The constable may be allowed whatever expenses he may necessarily incur in keeping property while under seizure; provided, the same does not exceed one dollar a day.

For serving notice of appeal, fifty cents.

For all other process not herein before provided for, fifty cents.

Act 1880, Nos. 25, 26, 27, 136; Act 1877, Ex. S., No. 90, p. 128; Act 1874,
No. 129, p. 223.

SEC. 779. In all cases before any justice of the peace of the State, where a writ or order of provisional seizure, attachment, sequestracosts under the tion or final seizure, has been issued, under which any vessel, steamer first writ, where more than one or other water-craft is being placed in the hands of any constable, the writ has issued said vessel, steamer or other water-craft, shall not be subject to any against them. other costs than those accrued on the first writ so issued and any other writ or order of provisional seizure, attachment or final seizure, shall be levied on the first writ or order in the hands of the said constable without any other costs whatever.

D. sec. 107, 638, 3660; Act 1858, p. 171.

SEC. 780. So long as any vessel, steamer or other water-craft, shall

remain in the hands of the constable, the court shall not allow costs Relative to keepers. for more than one or two keepers, if the case require it; and the costs of said keeping, in case of the dissolution of the writ of order under which the vessel, steamer or water-craft was seized, shall be borne in proportion by the parties having wrongfully prayed for the same. D. scc. 639, 3661.

SEC. 781. Three months after the institution of any suit, constables in the parish of Orleans may demand their fees from the plaintiff or Fees of constables in Orleans, party by whom they are due, and, upon failure to pay, the justice may, when demanda. ble from plainafter proof has been adduced of the correctness of the account, con- tiff. tradictorily with the party against whom the motion is made, issue a fieri facias in favor of the constable; but nothing herein contained May be collect. shall be so construed as to prevent any constable from collecting his fees from the defendant at any time after judgment against such defendant.

Act 1855, p. 110.

SEC. 782. (Fees of coroner.) See D. 668.

Act 1877, Ex. S., No. 40, p. 67; Act 1863, p. 204, sec. 20.

ed from defendany time

ant

after judgment.

than the fees

charging more

allowed by this

act.

SEC. 783. If any officer shall demand or collect any other or greater fees than are particularly and specially herein set forth, shall be con- Penalty for sidered guilty of a misdemeanor in office, and, on conviction thereof, be condemned to pay a fine of not less than one hundred dollars, nor more than two hundred and fifty dollars, and liable to be dismissed from office; and it shall be the duty of the judge of the court, on the complaint of any person aggrieved, to summon the officer complained of to appear before him in open court, by rule, after ten days' notice, to show cause why the penalties of this section should not be enforced. The fines and forfeitures collected under this act are, in the city of New Orleans, to be for the use and benefit of the charity hospital, and in the other parishes to be paid over to the parish treasurer of the respective parishes of the State, and it shall be the duty of the district attorney to collect and pay over the same.

D. sec. 868, 869, 870; Act 1861, p. 186; Act 1870, No. 101, sec. 12.

CRIMES AND OFFENCES.

OFFENCES AGAINST PERSONS.

SEC. 784. Whoever shall commit the crime of wilful murder, on conviction thereof, shall suffer death.

Act 1855, p. 130; Act Ex. S. 1870, p. 50, No. 8, sec. 5.

Punishment of murder.

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