cases where the prosecution fails, or where the money cannot be made from the person liable to pay the same, the facts being certified to by the clerk, as far as his knowledge extends, and sworn to by the sheriff, shall be allowed and paid out of the county treasury. CORONER'S FEES. SECT. 14. For a view of each body, and for taking and returning inquest, five dollars; each subpoena, warrant, or venire, twenty-five cents. The above fees are to be paid from the county treasury where they cannot be obtained from the estate of the deceased. For all other services, the same fees as are allowed to sheriffs in similar cases. Coroner's fees. CONSTABLE'S FEES. SECT. 15. For serving any notice or process, on each person named therein, twenty-five cents; copy thereof when required, ten cents; for serving an attachment or writ of replevin, fifty cents; travelling fees, going and returning, per mile, five cents; summoning a jury (including mileage), fifty cents; attending same on trial, twenty-five cents; serving execution (besides mileage), fifty cents; advertising and selling property (besides mileage), fifty cents; advertising without selling, twenty-five cents; notifying plaintiff of the time of such sale, besides mileage, unless he waive such notice, twenty cents; return of execution when no levy is made, five cents; on taking bond in any case, twenty-five cents; on all sums collected on execution and paid over, four per cent.; serving subpoena (besides mileage), fifteen cents; posting up each notice required by law (besides mileage), fifteen cents; commitment to prison (besides mileage), twenty-five cents. SECT. 16. The fees of constables for services in criminal cases where the prosecution fails or when the money cannot be made from the person liable to pay the same, the facts being certified by the justice and sworn to by the constable, shall be allowed and paid out of the county treasury. Constable's fees. When paid by county. NOTARY'S FEES. SECT. 17. For every protest of a bill or note, seventy-five cents; noting a bill of exchange for non-acceptance or nonpayment, twenty-five cents; notarial affidavit to an account, under seal, twenty-five cents; registering protest in a bill of exchange or promissory note for non-acceptance or non-payment, fifty cents; certifying power of attorney, twenty-five cents; administering an oath, five cents; being present at demand, tender, or deposit, and noting the same, thirty-five cents. Other services the same fees as are allowed to other officers for like services. Fees of justices of the peace. JUSTICES' FEES. SECT. 18. At the commencement of each suit, fifty cents; in case of an attachment or forcible entry and detainer, one dollar; on taking judgment by confession after suit is commenced, fifty cents; if not on suit previously brought, one dollar; on submitting controversies without action, the same fees as on suit brought. The following additional fees are allowed in the cases in which they apply on entering judgment when not contested, fifty cents; if contested, one dollar; if jury is called, additional one dollar. On issuing execution (for issuing as well as for returning and entering satisfaction). When any cause consumes more than an entire day, the justice is entitled to one dollar for each day or fraction of a day thereafter, in addition; and on all amounts of money coming into the justices' hands, without suit and by him actually paid over, two per cent. shall be allowed him. therefor; for every continuation or adjournment, at the request of either party, fifty cents; making and certifying transcript, fifty cents; on setting aside a judgment of nonsuit or by default, fifty cents; justices shall also be allowed the following fees in criminal cases: for process of any kind, except subpoenas, fifty cents; entering judgment, fifty cents; taking recognizance or any undertaking, fifty cents; order of discharge to jailer, twenty-five cents. The first of the above charges shall be payable by the county in cases where the prosecution fails. WITNESSES. nesses. SECT. 19. Each witness, for attending before the district Fees of witcourt each day, is entitled to one dollar; before a justice of the peace, fifty cents; mileage for actual travel, per mile, each way, five cents. An attorney, or juror, or officer, who is in habitual attendance on the court during the term at which he is subpoenaed as a witness, shall charge for only one day's attendance or travel. The court may disallow to the successful, any witness who, without sufficient cause, was absent at the trial, or whose testimony was unimportant or unnecessary. For attending before a grand or petit jury, in a criminal case, witnesses are entitled to a like fee, which, when they are called in behalf of the prosecution, shall be paid out of the county treasury. But they cannot claim their fees in such cases in advance. JURORS. SECT. 20. A juror, for each day's attendance, whether as Fees of jurors. a grand or petit juror, one dollar; before justices of the peace, fifty cents; travelling, per mile, going and returning, five cents. COUNTY SURVEYORS. surveyors. SECT. 21. For each day's service actually performed in Fees of county travelling to and from the place where the survey is to be made, making survey and return, five dollars; for a certified copy of the plat or field notes, fifty cents. SECT. 22. This act shall take effect and be in force from and after its passage. Approved April 15, 1862. Take effect, when. W. JAYNE, Governor. One dollar and a half per day. In case of vacancy. Commissioners to meet within six months. This act appli cable to what cases. Take effect, when. CHAPTER 42. AN ACT TO PROVIDE FOR THE FEES OF ROAD COMMIS- Be it enacted by the Legislative Assembly of the Territory of SECTION 1. That all road commissioners who perform their duties as such, upon the construction of any road within this territory, shall be entitled to the sum of one and one half dollars per day, for every day occupied in such capacity. SECT. 2. In case of the absence of any one of these (three) commissioners appointed to construct any road in this territory, the others may supply said vacancy by appointing another; or, in case of a majority of them meet, may proceed to discharge their duties. SECT. 3. That said commissioners shall meet at any time within six months from the time of their appointment, to ⚫take into consideration the duties imposed upon them by the provisions of the "act" authorizing them to act as commissioners. SECT. 4. This act shall only be applicable to cases where there is no specified provisions similar to the requirements of this act. SECT. 5. This act shall take effect from and after its passage. Approved May 7, 1862. W. JAYNE, Governor. FENCES, HEDGES, GRAIN, AND TREES. CHAPTER 43. TO PROVIDE FOR THE PROTECTION OF HEDGES, FENCES, Be it enacted by the Legislative Assembly of the Territory of Dakota: Provisions relating to growth SECTION 1. That whenever any owner or owners, occupant or occupants of any land or lands bordering upon any of hedges. public road or highway, except a street or alley, in a town or village, through which any public road or highway may pass, may wish to plant and cultivate any hedge or live fence along the margin of his, her, or their lands, it shall be lawful for any such person or persons to set or plant any such hedge or live fence, precisely on the line of the road or highway; and also place on the margin of such road a protection fence, not to occupy more than six feet of the margin or edge of such road; and such protection fence, when placed opposite any line fence or hedge actually set or planted, shall be permitted by the supervisor of roads, and all other persons, to remain for the term of six years: Provided, That the Proviso. authorities of any county may grant permission, in writing, to the owner or owners of any hedge or live fence, to continue such protection fence any term of time they may deem necessary. Relating to. injury to 'fences. Penalty.. SECT. 2. If any person or persons shall wantonly or maliciously cut through, dig up, or injure any hedge or live fence, hedges and or throw, cut, or lodge down, or prostrate any fence inclosing any orchard, pasture, meadow, garden, or other field or inclosure, in which any grain or vegetables are cultivated, the property of, or lawfully occupied by any other person or persons, or shall wantonly or maliciously open, let down, throw down, or prostrate any gate or bars belonging to any such inclosure or field, and leave any such fence, bars, or gate down, prostrate or open, every such person or persons |