To sheriffs

THE FEES OF SHERIFFS. (1)

SEC. 49. For serving a summons or any other process by which an action or proceeding is commenced, on each defendant, one dollar; For travelling in making such service, per mile, fifty cents for the southern counties; in going only, to be computed in all cases from the court house of the county: For taking a bond or undertaking in any case in which he is authorized to take the same, one dollar: For a certified copy thereof, when requested, one dollar: For a copy of any writ, process, or other paper, when demanded or required by law, for each folio, thirty cents: For serving a notice in an action or proceeding, one dollar: For serving a subpoena, for each witness summoned, fifty cents; and fifty cents for each mile actually travelled, in going only; but when two or more witnesses live in the same direction, travelling fees shall be charged only for the most distant: For serving an attachment on property, or levying an execution, or executing an order for arrest, or for the delivery of personal property, two dollars; Advertising property for sale on execution, or under any judgment or order of sale, two dollars; For making the money upon an execution, for the first five thousand dollars three per cent. ; for all above five thousand dollars, one and one-half per cent.: 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 a deed pursuant to a sale of real estate, five dollars, to be paid by the grantee, who shall also pay the fee for the acknowledgment of the deed; Serving a writ of possession or of restitution putting any person entitled into the possession of premises and removing the occupant, five dollars, and the same compensation for mileage as herein allowed for other writs; Summoning a jury in any cause, two dollars: 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, two dollars, and for travelling each mile from the jail, fifty cents: Attending before any officer with a prisoner, for the purpose of having him surrendered in exoneration of his bail, or attending to receive a prisoner so surrendered who was not committed at the time, and receiving such a prisoner into his custody in either case, two dollars; For serving an attachment upon any ship, boat, or vessel, in proceedings to enforce any lien thereon created by law, five dollars, with such

(1) See Chapter 129, Sec. 47.

further compensation for his trouble and expense in taking possession of and preserving the same, as the officer issuing the warrant shall certify to be reasonable: For selling any ship, boat, or vessel, or tackle, apparel, and furniture thereof so attached and for advertising such sale, the same fees as for sale on execution: For any services which may be rendered by a constable, the same fees which may be allowed by law for such services, to a constable: For attending in person or by deputy the supreme court, for each day five dollars; to be allowed by the comptroller, on the certificate of the clerk, and paid out of the state treasury.

FEES OF CORONERS.

SEC. 50. For all services rendered by them when acting as sheriff, To coroners the same fees which are allowed to sheriffs for similar services.

FEES OF CONSTABLES.

SEC. 51. For serving a citation, summons, or other process, by To constables. which a suit shall be commenced on each defendant, one dollar; on

all sums made on execution, to be charged against the defendant in the execution, three per cent. For all other services, the same fees as are allowed to sheriffs, for similar services.

FEES OF JUSTICES OF THE PEACE.

the peace

SEC. 52. For filing every paper required to be filed, fifteen To justices of cents For issuing a citation, summons, or other process by which a suit shall be commenced, fifty cents: For entering a cause upon his docket, twenty-five cents: For a subpoena, to each witness, twentyfive cents: Administering oath to witness, ten cents: For taking and certifying an oath, fifty cents: For issuing writ or attachment, two dollars: Entering any order or judgment in a case, for each folio, forty cents: For taking and approving any bond directed by law to be taken or approved by him, fifty cents: Swearing a jury, fifty cents: Taking depositions, per folio, thirty cents: For certified copy of judgment or of any order or paper on file in his office, thirty cents Entering satisfaction of a judgment, fifty cents: Transcript of judgment, fifty cents: Issuing commission to take testimony, one dollar Issuing a supersedeas to an execution, twenty-five cents: Making up transcript and returning papers on appeal, one dollar: Issuing a search-warrant, fifty cents: Issuing an execution, fifty cents: For celebrating marriage and returning certificate thereof to the recorder, five dollars: For holding an inquisition in cases of forcible entry and detainer, five dollars.

To witnesses.

FEES OF WITNESSES.

SEC. 53. Attending to any suit or proceeding for each day two dollars: For travelling, at the rate of twenty-five cents per mile in coming to the place of attendance to be estimated from the residence of the witness; but this section shall not be construed as allowing any fees to witnesses in a criminal action: No person shall be obliged to attend as a witness in any civil action tried without the county in which he resides, nor within the county unless his fees for attendance have been tendered to him, or he shall not have demanded the same.

FEES OF JURORS.

SEC. 54. For the trial of each cause, one dollar, which shall be paid by the party in whose favor the verdict is rendered, before the same shall be rendered. No fees shall be allowed to jurors in criminal actions.

SEC. 55. If, in any trial before any court, the jury be from any cause discharged without finding a verdict, the fees of the jurors 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.

MISCELLANEOUS PROVISIONS.

SEC. 56. The secretary of state shall keep an account of all fees received in his office, and shall settle an account for the same with the comptroller, once in every three months, and pay the amount into the state treasury.

SEC. 57. The fees allowed for services rendered by the county judge as judge of probate, shall not be for his own use, but for the use of the county. The clerk of the probate court shall be bound to collect them in the same manner as his own fees, and keep in a book provided for the purpose, a full and accurate account of them, which he shall settle once in each month with the county treasurer, and pay the amount in his hands into the county treasury. The accounts of the clerks shall at all times be open to the inspection of any county officer, or by any party interested. The county treasurer shall keep under a separate head, an account of all moneys paid into the treasury by the county clerk, as fees.

SEC. 58. 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.

payable.

SEC. 59. The fees allowed by this act shall be payable at the time Fees, when the service is rendered; and any officer, where it is not otherwise expressly provided by law, may refuse to perform any service in any suit or proceeding in which there are any fees due (criminal proceedings excepted) from the person applying until such fees are paid.

publication.

SEC. 60. When by law any publication is required to be made by Cost of any 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 process or order was granted, before the officer shall be compelled to make publication thereof.

fees.

SEC. 61. If any clerk, sheriff, justice of the peace or constable shall Execution for not have 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.

may make

without fee.

SEC. 62. The secretary of state, treasurer, comptroller, and attor- Certain officers ney general shall be authorized to require searches in the respective searches, etc., offices of each other, and in the office of the clerk of the supreme court, of the several district courts, of the county courts, or recorders of deeds, 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.

SEC. 63. The term folio, when used as a measure for computing Folio defined. fees or compensation, shall be construed to mean one hundred words, counting every figure necessarily used as a word; and any portion of a folio, when in the whole draft or paper there shall not be a complete folio, and when there shall be any excess over the last folio not exceeding one quarter, shall be computed as a folio.

SEC. 64. No attorney or counsellor at law in any cause shall be Attorneys, etc, allowed any fee for attending as a witness in such cause.

not entitled to witnesses' fees.

account of fees.

SEC. 65. Every officer upon receiving any fees for any official duty Officers to deliver or service, shall 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, he shall be liable to the party paying the same for three times the amount so paid. SEC. 66. No fee shall be charged by any officer for administering No fee for oath the oath of office.

of office.

Fees to officers not specified.

When witnesses compelled to at

SEC. 67. When a fee is allowed to one officer, the same fee shall be allowed to other officers for the performance of the same services, when such officers are by law authorized to perform such services, and the compensation is not specially fixed.

SEC. 68. The attorney general, or any district attorney, is authortend without fee. ized to cause subpoenas to be issued, and compel the attendance of witnesses on the behalf of the state, without paying or tendering fees in advance; 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, when fees have been tendered or paid.

Certificate to witnesses

subpoenaed for the state.

Extension of preceding provisions.

Repeal of act.

When act to

take effect.

Act not to apply to certain

counties.

Bill and receipt for fees.

Penalty for

taking unlawful fees.

SEC. 69. The clerk of any court, at which any witness shall have attended on behalf of the state in a civil action, shall give to such witness a certificate of travel and attendance, which shall entitle him to receive the same from the county treasury.

SEC. 70. The provisions of the two preceding sections of this act shall extend to all actions and proceedings brought in the name of the attorney general, or any other person or persons, for the benefit of the state.

SEC. 71. The act entitled "An act to regulate the fees of office," passed April twenty-second, one thousand eight hundred and fifty, is hereby repealed, said repeal to take effect from and after the first day of May next.

SEC. 72. This act shall take effect on the first day of May next. SEC. 73. Nothing contained within this act shall be construed so as to apply to the counties of Tuolumne, Calaveras, Mariposa, San Joaquin and Trinity. The fees of the officers of said counties shall remain as fixed in an act entitled, " An act to regulate fees of office," passed April twenty-second, one thousand eight hundred and fifty, except so far as the fees allowed sheriffs for travelling per mile shall be fixed in this act.

SEC. 74. All officers shall give the party paying fees, for official services, a bill of the items of such fees, together with a receipt for the amount of fees so paid. Any officer receiving more fees than are allowed by the law, shall be liable to the party injured to treble the amount of the total fees charged in the bill of fees. Any party so injured may sue for and recover back such treble amount in any court of civil jurisdiction in this state.