Page images
PDF
EPUB

Salary of probate judge.

Probate

judge to keep account of fees.

vided for, fifty cents; issuing subpoena, twenty-five
cents; probate of will, one dollar; entering every
motion, order, rule or settlement, approval, disap-
proval, application, demand or judgment, fifty cents;
filing each paper, five cents; certificate and seal, fifty
cents; administering oath, ten cents; taking and cer-
tifying affidavit, twenty-five cents; making entry or
abstract of claim, ten cents; recording wills, inven-
tories, bonds, settlements, reports on or other matter,
or copying same, per folio, ten cents; examining par-
tial or final settlement, one dollar; hearing applica-
tion on behalf of lunatic or habitual drunkard, one
dollar; hearing on writ of habeas corpus or applica-
tion for injunction, three dollars; hearing application
for granting or refusing order of sale, fifty cents;
issuing marriage license, one dollar; recording mar-
riage license, to be paid when issued, one dollar.
no case are any of the above fees to be paid by the
county.

In

SECTION 11. That whenever the probate judge of any county shall be compelled to perform any services for which no fees are fixed by law, he shall be entitled to receive therefor the same fees as may be by law allowed to district clerks for like services : Provided, That the probate judge shall be allowed to retain out of the fees provided by law as his annual salary the following salary, and no more: In counties of ten thousand inhabitants or less, one thousand dollars; in counties of not less than ten thousand inhabitants nor more than fifteen thousand inhabitants, twelve hundred dollars; and in counties of not less than fifteen thousand inhabitants nor more than eighteen thousand inhabitants, fourteen hundred dollars; and in counties of more than eighteen thousand inhabitants, the sum of sixteen hundred dollars. In no case shall the county be liable for the payment of the salary of the probate judge or the compensation of any clerk of the probate court.

SECTION 12. The probate judge of each county shall keep an account of all fees for services rendered by him, in a book provided for that purpose, showing the title or style of the case or proceeding in which such services were rendered, or the name of the per

son for whom rendered, the amount charged, and the amount received, from whom and for what purpose, and the date thereof. The footings for each month, at the close thereof, shall be legibly and correctly entered in said book opposite the month during which the same shall have been charged, showing the amount received, the amount charged, and the amount remaining due and unpaid.

judge's

report.

SECTION 13. He shall, on the first Monday of Jan- Probate uary and the first Monday after the first Tuesday in quarterly April, and the first Mondays of July and October of each year, make out and present to the board of county commissioners a detailed statement of all fees received by him during the preceding quarter, together with the amount of fees earned which remain unpaid, which report shall be made under oath and filed with the county clerk.

to county.

SECTION 14. He shall at the time of making such Excess paid report, pay into the county treasury all moneys received as fees during the three months immediately preceding the date of filing said report in excess of one-fourth of the amount allowed by law as the annual salary of the probate judge: Provided, That should the amount of fees received by the probate judge during any quarter be less than the amount allowed to him as his salary for said quarter under the provisions of this act, such deficiency may be made up out of the excess of his receipts from fees over the amount of his salary during any quarter of his term or terms of office.

failing to

SECTION 15. Any probate judge who shall fail to penalty for make a quarterly report under oath as herein required, report. shall forfeit to the county twenty-five dollars for each day he shall wilfully fail so to do, to be recovered. from his bondsmen, as in other cases.

false report.

SECTION 16. Any probate judge who shall fail to Penalty for make his quarterly report to the board of county commissioners as required by law, or who shall make any false entry or statement in said report, or shall fail to report all fees collected by him, or shall violate any of the provision of section twelve of this act, or shall fail or refuse to pay into the county treasury, all moneys received by him as fees during each quarter in

Register of deeds, salary

excess of one-fourth of the amount allowed to him as his annual salary under the provisious of this act, shall be guilty of a misdemeanor, and upon conviction thereof shall be fined in any sum not less than three hundred dollars nor more than one thousand dollars, and upon such conviction he shall forfeit his office.

SECTION 17. The register of deeds shall receive the and fees of. following fees: For recording deeds, mortgages, or other instruments of writing, for the first folio, twenty-five cents; each additional folio, ten cents; certificate of filing and recording any instrument, ten cents; each entry on index, including description of property, five cents; for copy of each deed or other instrument recorded, per folio, ten cents; for recording town plat of one hundred lots or less, three dollars; for each additional one hundred lots, one dollar; certificate and seal, twenty-five cents; filing and indexing chattel mortgage, including certificate and seal, twenty-five cents; filing each paper required to be filed, five cents: Provided, That the register of deeds be allowed to retain, out of the fees required by law as his annual salary, the following amounts and no more: In counties of ten thousand inhabitants or less, eight hundred dollars; in counties of not less than ten thousand inhabitants nor more than fifteen thousand inhabitants, twelve hundred dollars; in counties containing not less than fifteen thousand inhabitants nor more than eighteen thousand inhabitants, sixteen hundred dollars; and in counties of more than eighteen thousand inhabitants, two thousand dollars. In no case shall the county be liable for the payment of the salary of the register of deeds or the compensation of any of his clerks or deputies: And provided further, That the register of deeds shall be allowed to retain fifty per cent. of all fees collected by him in excess of the above salary. The register of deeds shall employ the necessary clerical assistance for the transaction of the business of his office, but in no case shall the county be liable for the payment of the salary or other compensation of any clerk, deputy, or other assistant of the register of deeds.

Register to keep account.

SECTION 18. He shall keep an account of said fees in a book provided for that purpose, showing the

amount charged and the amount received, from whom and for what purpose, and the date thereof. The footings for each month shall, at the close thereof, be legibly and correctly entered in said book, opposite the month during which the same have been collected or charged, showing the amount charged, the . amount received, and the amount remaining due and unpaid.

SECTION 19. He shall, on the first Monday in Jan- Register's quarterly uary, and the first Monday after the first Tuesday in report. April, and the first Mondays of July and October of each year, make out and present to the board of county commissioners a detailed statement of the fèes received by him during the preceding quarter, together with the amount of fees charged which are due and unpaid, which report shall be under oath and filed with the county clerk.

pay excess to

SECTION 20. He shall, at the time of making such Register to report, pay into the county treasury all moneys re- county. ceived by him as fees during the preceding quarter in excess of one-fourth of the amount allowed by law as the annual salary and excess fees of the register of deeds: Provided, That should the amount of fees received by the register of deeds during any quarter be less than the amount allowed to him as his salary for said quarter under the provisions of this act, such deficiency may be made up out of the excess of his receipts from fees over the amount of his salary during any quarter of his term or terms of office.

register

SECTION 21. Any register of deeds who shall fail Penalty for to make to the board of county commissioners a quar- failing to terly report under oath, as herein required, shall for- report fees. feit to the county twenty-five dollars for each day that he shall wilfully fail so to do, to be recovered from him or his bondsmen as in other cases.

register

report.

SECTION 22. Any register of deeds who shall fail Penalty for to make his quarterly report to the said board of making false county commissioners, as required by law, or who shall make any false entry or statement therein, or shall fail to report all fees collected by him, or shall violate any of the provisions of section eighteen of this act, or who shall fail or refuse to pay into the county treasury all moneys received by him, as fees,

Fees collected by

be paid to county.

during each quarter, in excess of one-fourth of the amount allowed to him annually under the provisions of this act, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined in any sum not less than three hundred dollars, nor more than one thousand dollars, and upon such conviction he shall forfeit his office.

SECTION 23. The fees of any sheriff, probate judge, successor to register of deeds, earned but not collected during his term of office, shall be collected by his successor in office and paid into the county treasury, and all fees so collected shall be included in the report of the officer collecting the same: Provided, That should the fees received by any sheriff, probate judge, or register of deeds during his term of office be less than the amount allowed such officer as his salary under the provisions of this act, then the county treasurer shall. upon the order of the board of county commissioners, apply the fund paid into the county treasury from the fees earned by such officer, in payment of the balance due such officer as salary, until said salary is fully paid.

County clerk, fees of.

SECTION 24. The county clerk in each county shall charge and collect from the party requiring his services for the use of the county, the following fees: For recording reports or other papers, other than such as pertain to or are required by law to be recorded by the county, or copies thereof, and for making any such report or record, per folio, seven cents; countersigning and entering certificate of redemption, twenty-five cents; certificate and seal, when the same is required by law to be made by the county clerk, twenty-five cents; taking and certifying affidavit, except upon claims against county, twenty-five cents; filing each paper, except such as pertain to county business, five cents; for taking and approving bonds, to be paid by the party making the bond, twenty-five cents; issuing licenses, to be paid by the person receiving the same, one dollar; making tax deed, one tract and acknowledgment, one dollar, each additional tract or lot, five cents; assignment of tax sale certifi cate, to be paid by the party purchasing, twenty-five cents; for recording any mark or brand and giving

« PreviousContinue »