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3 and 4: Feb. 2.

C. 12. L. 93, § 1, 2, the provisions under this act, shall be guilty of a misdemeanor and upon conviction, shall be fined in a sum of not less than fifty dollars, nor more than five hundred dollars for each offense, in the discretion of the court.

In all towns of this territory, whether incorporated or unincorporated, in which the population shall not exceed two thousand, there shall not be exempt under the provisions of this act, more than forty active members in any and all such companies and organizations.

TITLE XIV-FEES AND SALARIES.

CHAPTER I.

TERRITORIAL OFFICERS.

Fixed fees or salary

Salary. territorial officers

Services rendered to territory,

where specific fee none to be received

not fixed by law.

or paid.

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$1765. All services rendered to the territory shall be paid for in fixed fees, except where a salary is provided, and it shall not be lawful for any officer of the territory to pay for any service not specifically provided for by law, and for which a fee has not been fixed by law, and any allowance or any order contrary hereto, made by any court, or any officer, shall be void. And no fees shall be received by any officer except what is absolutely fixed by specific law, and the courts shall in no instance allow any fee for any services where such fee C. 3. L. 89, § 9 and is not fixed and specified in the law.

18: Feb. 8.

Compensation of

territorial officers.

C. 71. L. 91. § 1: Feb. 23.

$1766. The compensation of the following territorial and county officers shall be as hereinafter stated:

The territorial auditor shall receive as full compensation for his services, three thousand ($3,000) dollars per annum, payable monthly, which shall include all clerical assistance. The solicitor general shall receive an annual compensation of two thousand ($2,000) dollars, payable monthly.

The territorial treasurer shall receive an annual compensation of twenty-five hundred ($2,500) dollars, payable monthly, which shall include all clerical assistance.

The territorial librarian shall receive six hundred ($600) dollars per annum, payable monthly.

The superintendent of public instruction shall receive twen ty-five hundred ($2,500) dollars per annum, payable monthly, which shall include all traveling and all other expenses.

The adjutant general shall receive six hundred ($600) dollars per annum, payable monthly, which shall include all ex

penses.

§ 1767. The penitentiary commissioners shall receive two hundred ($200) dollars per annum, each, traveling and all necessary expenses.

The penitentiary superintendent shall receive two thousand dollars per annum, payable monthly, and one ration.

The assistant superintendent of the penitentiary shall receive fifteen hundred ($1,500) dollars per annum, payable monthly, and one ration: Provided, That he shall also act as steward and store-keeper.

The penitentiary physician shall receive six hundred (600) dollars per annum, payable monthly.

The penitentiary chaplain shall receive one hundred ($100) dollars per annum, payable quarterly.

The penitentiary cell house keepers shall receive fifty ($50) dollars per month, each, and board.

Seven day guards, thirty ($30) dollars per month, each, and board.

Three night guards, thirty ($30) dollars per month, each, and board.

The penitentiary matron, thirty ($30) dollars per month and board.

C. 71. L. 91. § Feb. 23.

Of penitentiary officials.

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$1768. The probate clerk shall be allowed the following fees: For recording letters testamentary or of administration, one dollar; for filing the bond of the executor or administrator, fifty cents; for order appointing guardian or curator, twelve and one-half cents; for filing and preserving bond of guardian or curator, fifty cents; for every order of publication, twenty-five cents; for every order relating to executors, administrators or guardians, not otherwise provided for, twelve and one-half cents: for copying any order, record or paper, for every one hundred words, ten cents; for entering any judgment and verdict, twelve and one-half cents; for proof of every will and codicil taken by the pro

Probate clerk.

$2: Sept. 22. 1816.

C. L. 1865, chap. 46. bate judge, twenty-five cents: for every certificate and seal, twenty-five cents: for issuing every subpoena, twentyfive cents: for administering every oath, three cents: for keeping abstracts of demands, for each defendant, three cents; for certifying the amount, date and classes of any demand, without seal, five cents: for entering every motion or rule, five cents; for swearing and entering a jury, twenty-five cents: for entering every trial, five cents: for a commission to take depositions, twenty-five cents: for every execution, fifty cents; for every continuance of a cause, five cents: for entering an appeal, twelve and one-half cents; for every writ to summon a jury, twelve and one-half cents; for every order to distribute effects among heirs, etc., twelve and one-half cents; for every settlement of executor, administrator or guardian, whether annual or final, twenty-five cents: for every order appointing road overseers, twentyfive cents: for filing and preserving constable's bond, to be paid for by the constable, twenty-five cents; for all services in tiling, taking and safe-keeping the collectors' bonds for territorial taxes, to be paid by the territory, one dollar: for like services for collectors' bonds for county taxes, to be paid by the territory and county, each for its own, for every one hundred words, ten cents; for issuing any license, to be paid for by the applicant, fifty cents: for taking, filing and safe-keeping of every other bond not otherwise provided for, fifty cents; for issuing each writ, and receiving, filing and docketing the return, fifty cents; for taking every acknowledgment to a deed or writing, twenty-five cents.

Fees of probate clerks

$1769. Clerks of probate courts shall receive for recording each notice of mining locations, the sum of one dollar; for recording each deed in any of the ordinary forms of quitclaim, bargain and sale, covenant against grantor or full warranty, or each mortgage of any ordinary form, with or without interest, insurance and tax clauses, the sum of one dollar and fifty cents: Provided, That the description of the property contained in such instrument does not exceed two hundred words in length, and ten cents additional for each additional one hundred words of such description. In all cases the certificates of record in the record book and on the instrument

L. 1882, chap. 24. § are included as part of the recording.

1: March 2.

Compensation of county treasurers.

C. 71. L. 91, § 6: Feb. 23.

School superintendents; compensation of.

§ 1770. The county treasurers shall receive the following annual compensation, each, payable quarterly, viz:

Bernalillo, fifteen hundred dollars; San Miguel, fifteen hundred dollars: Chaves, four hundred dollars: Eddy, five hundred dollars; Colfax, seven hundred and fifty dollars: Dona Ana, seven hundred and fifty dollars; Grant, seven hundred and fifty dollars; Socorro, seven hundred and fifty dollars: Lincoln, five hundred dollars; Rio Arriba, five hundred dollars: Sierra, four hundred dollars; Guadalupe, two hundred and fifty dollars; Taos, three hundred dollars; San Juan, three hundred dollars; Mora, four hundred dollars: Valencia, four hundred dollars; Union, four hundred dollars: Santa Fe county, seven hundred and fifty dollars.

§ 1771. The county superintendents of schools in the several counties of this territory, shall receive the following an

nual compensation in full for their services, to be paid quarterly out of the county school fund, viz:

Bernalillo, fifteen hundred dollars; San Miguel, fifteen hundred dollars; Chaves, four hundred dollars; Eddy, four hundred and fifty dollars; Colfax, seven hundred dollars; Dona Ana, seven hundred dollars; Grant, seven hundred dollars; Socorro, eight hundred and fifty dollars; Lincoln, seven hundred and fifty dollars: Rio Arriba, five hundred dollars; Sierra, four hundred dollars; Guadalupe, three hundred dollars; Taos, five hundred dollars: San Juan, three hundred dollars; Mora, five hundred dollars; Valencia, five hundred dollars; Union, four hundred dollars; Santa Fe county, one thousand dollars.

§ 1772. The probate judges of the several counties shall receive an annual compensation, payable quarterly, as follows,

viz:

Bernalillo, one thousand dollars; San Miguel, twelve hundred dollars: Grant, six hundred dollars; Dona Ana, six hundred dollars; Socorro, six hundred dollars; Colfax, six hundred dollars; Lincoln, four hundred dollars; Mora, three hundred dollars; Rio Arriba, three hundred dollars; Sierra, three hundred dollars: Valencia, three hundred dollars; Santa Fe, six hundred dollars: Taos, three hundred dollars; San Juan, two hundred dollars; Chaves, three hundred dollars; Eddy, three hundred dollars: Guadalupe, two hundred dollars; Union, three hundred dollars.

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County commiss sioners; compensa

$1773. The county commissioners of the several counties of the territory shall each receive the following annual com- tion of. pensation for their services, payable quarterly, viz:

Bernalillo, six hundred dollars; San Miguel, eight hundred dollars; Grant, five hundred dollars; Mora, four hundred dollars: Colfax, four hundred dollars; Taos, two hundred and fifty dollars; Rio Arriba, four hundred dollars; San Juan, two hundred dollars; Santa Fe, five hundred dollars; Valencia, four hundred dollars; Socorro, five hundred dollars; Lincoln, three hundred dollars; Chaves, two hundred dollars: Eddy, two hundred dollars; Dona Ana, five hundred dollars: Sierra, three hundred dollars; Guadalupe, one hundred and fifty dollars; Union, three hundred dollars; and also six cents a mile for every mile necessarily traveled to and from the county seat. § 1774. That justices of the peace in this territory shall hereafter be allowed and entitled to demand and receive the fees hereinafter stated, to-wit:

Id. § 20.

Fees of justice of the peace.

For each summons, warrant or mittimus..

50

For entry of a judgment or issuing of each execution or order of sale...

For receiving and recording the return on an execution, order of sale, writ of possession or restitution

For filing each paper necessary to be filed..
For each oath administered to witness in court..
For trial of an issue of fact in case of no appearance by
the defendant. . . .

For a subpoena or attachment for a witness or witnesses, including all names asked to be inserted therein, at time of issuing same...

25

05

10

25

25

25

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For docketing each case, with the various steps in the

case.

For the trial of the case without a jury, where defend-
ant appears and defends the action..

For each order for a jury, to be paid by the party de-
manding the same and taxed as costs.

For presiding at each trial with a jury, including all
services incident thereto, to be paid for as pro-

vided next above....

For each order of continuance.

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For drawing each affidavit, or complaint or informa-
tion, swearing the party thereto and certifying
each oath. . . .

For swearing the party and certifying same without
drawing it....

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For drawing each bond..

For receiving and approving each bond, including the
acknowledgment and justifying of sureties thereto
For taking a recognizance and noting same on docket..
For each original writ of attachment, replevin, capias in
a civil case, writ of forcible entry and detainer, or
either peace warrant or writ of habeas corpus or in
any other extraordinary remedy and no summons
shall be charged for in connection therewith......
For each copy of either of said writs....
For taxing and delivering to each party when called
for by him, a written statement of his costs...
For entering on docket each witness' attendance and
giving a certificate thereof, if demanded by him.
at the trial. . . . .

For entering on the docket an allowance of an appeal..
For making transcript of all entries on his docket in
any case and certifying same, for the first one hun-
dred words or less.

For each additional one hundred words of such tran-
script or fraction of one hundred words....
For a transcript of the judgment in any case and of the
execution and return thereon and certifying same,
but the same shall not be charged for in a tran-
script on appeal....

10

50

75

25

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For making return of the papers on an appeal or certi-
orari, as required by law, unless he be in default.
on a certiorari. . . .

50

For presiding in examining trials in felony cases, per
day, to be paid for out of the county treasury.
For holding an inquisition on the body of a dead per-
son, per day, for each day necessarily employed in
holding such inquisition and returning the inquisi-
tion to the office of the probate judge, the same to
be paid for out of the county treasury..
And if such dead person have no visible estate, out of
which to defray the costs of his burial and no friend
of such decedent will undertake to bury him, the
justice of the peace holding such inquisition, may
contract with some suitable person to decently

3.00

3.50

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