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1: April 3.

L. 1884. chap. 21, § lars; for issuing each writ, one dollar; for taking and approving bond, one dollar; for recording opinions of the court, and for copying any record or paper, ten cents per folio of one hundred words; for attendance at any term of the court, four dollars for each day, to be paid by the territory; for all other services, the same fees as are by law allowed to clerks of the district court for like services.

Fees: no other to be charged.

Id. § 5.

Clerk to keep books, showing items of business

transacted: ab

stract of books to

be filed with auditor

No other or different fees than those provided by this act shall be charged or received by clerks of the supreme court. § 1797. Each clerk of the district court shall keep books of account, showing by items all the business transacted in his office for which by law fees are paid. He shall, on the first Mondays in January and July of each year, file with the territorial auditor an abstract of said books under oath, showing the amount of business transacted in his office, and the money collected therefor for the six months next preceding such reAs amended. C. 60. port; it shall be the duty of the territorial auditor to audit such reports and correct and adjust the same in accordance with the facts.

semi-annually.

(For fees see 1019 et seq.)

L. 97. § 17.

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The clerks shall collect the fees and pay the same over to the territorial treasurer as now provided by law. The fee book to be kept by each clerk as herein provided for, shall be a public record, subject to public inspection like all other records in his office. The clerks of the district courts shall be paid twenty-five hundred ($2,500) dollars each, per annum, payable quarterly out of the treasury.

1798. That hereafter all the sheriffs of this territory shall receive as pay for feeding prisoners under their custody in the public jail of their respective counties: For the first ten prisoners, the sum of sixty cents for each prisoner, and for all over ten prisoners, the sum of fifty cents per day for each prisoner, which amount shall be paid to the sheriff by the boards of county commissioners of their respective counties, at each regular session held by the board: Provided, That said sheriffs shall make a report to their county commissioners at each regular session, giving the name of each prisoner, when admitted, and the crime he is charged with.

$ 1799. Hereafter the several sheriffs of this territory shall be allowed the following fees and compensations, to-wit: For serving every writ, citation, order, subpoena or summons, one dollar: for every writ of capias or attachment, for each defendant, one dollar: for taking and returning every bond required by law, one dollar and fifty cents: for levying every execution and return of same, one dollar and fifty cents; for making, executing and delivering every sheriff's deed, to be paid by the purchaser, three dollars; for every return of non est incentus, fifty cents; for making every return on any process, order, summons, citation or decree of any court, fifty cents; for calling each party, action, or jury, fifteen cents: for calling each witness, five cents; for serving each writ in a criminal case, for each defendant, one dollar; for committing any person to jail in any case, one dollar; for attendance on district court, four dollars per day; for attendance on probate court and county commissioners' court, two dollars per day; for attendance in justices of the peace court,

constable fees, said attendance on courts of the justices of the peace to be made in absence of the precinct constable only; said attendance on said district court shall be paid in the manner now provided by law. Attendance upon the probate court and county commissioners' court shall be paid by the county wherein said courts are held. Attendance upon the courts of the justices of the peace in criminal cases shall be paid by the county upon certificate of attendance by such justices of the peace. For executing each death warrant, one hundred dollars, to be paid by the territory.

§ 1800. For commissions for receiving or paying moneys on executions, where lands, goods or chattels have been levied upon, advertised and sold, four per centum on the first five hundred dollars, and two per cent. on all sums above that; also the actual expenses incurred in taking care of any such goods or chattels so levied upon, between the day of levy and sale; and one-half of said commission, when the money has been paid without making levy or sale.

§ 1801. The party at whose application any civil writ, subpœna or process, except execution, is issued, shall pay in advance, if so demanded by the sheriff, the fees allowed by law for such services.

§ 1802. The sheriff shall receive ten dollars for the service of any jury venire, and shall be paid the regular rates of mileage hereinafter provided, for each mile actually and necessarily traveled in serving said jury venire.

§ 1803. The sheriff shall be paid the regular rates of mileage as herein provided by this act, by their respective counties in all cases where the sheriff upon a warrant issued out of any of the courts within his county for the arrest of any person or persons, being charged with any crime even though the arrest be made in another county than the one of which he is sheriff, and shall also be paid mileage for guards and prisoners. He shall also be allowed and paid by the county, two dollars per day for each guard actually employed in assisting with such prisoner, but shall not employ more than one guard unless there be more than three prisoners; for every two additional prisoners he shall be entitled [to] one guard. He shall also be entitled to one dollar and fifty cents per day for feeding each prisoner and guard while in transit from one point to another: Provided, That in cases originating in the courts of justices of the peace, except felony cases, he shall be allowed only the same fees and mileage as are now allowed constables for like services.

§ 1804. The sheriff shall be paid mileage at the rate of twelve and one-half cents per mile, for each mile actually and necessarily traveled, in serving any process, order, citation, execution, summons or decree of any court, and shall also be allowed and paid the same rate of mileage for himself, for each prisoner, and for each guard, in conducting prisoners from one point to another, to the county jail or to the penitentiary, and shall also be paid one dollar per day for feeding prisoners while en route to the penitentiary. But it is distinctly provided that when more than one subpoena or summons or service is made or performed upon more than one person in the

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Feb. 28.

C. 35. L. 95. § 6; same town or place, or when more than one prisoner is conducted from one place to another, the sheriff shall not charge more nor receive any mileage in excess of that which he would be entitled to for serving one subpoena in such place, or conducting one prisoner from one place to another: And provided, further, That in service of subpoena or summons in more than one town or place along the same route, the sheriff shall not be entitled to any greater mileage than that of the most distant point actually and necessarily traveled to in the discharge of his duties, with the additional mileage earned in actual and necessary travel from, and in returning to, the place of departure from any general route as aforesaid. § 1805. All expense in transporting prisoners to the penitentiary shall be paid by the territory.

Transportation of prisoners paid by territory.

Id. § 7.
Other fees.

Id. § 8.

No extra fees for attendance at pro

ty commissioners.

§ 1806. For all other services and expenses, except those mentioned in this act, the sheriff shall receive the fees and compensation now fixed by law for such services and expenses.

§ 1807. The sheriff shall not receive extra pay for attendbate court or coun- ing the probate court or the county commissioners meetings, unless in actual attendance, either in person or by deputy, and not then unless required to attend by the probate judge or the board of county commissioners through their chairman, and for such attendance he shall be allowed two dollars per day.

C. 71, L. 93, § 14; Feb. 23.

Sheriff not allow

ed mileage for trans

portation of funds

in his possession, ex

cept to express office.

C. 61. L. 93. § 6: Feb. 23.

Compensation of

jurors.

94. § 9.

§ 1808. No sheriff or collector in any county of this territory who may have funds in his possession, which are required by law to be turned over to the treasurer of this territory, whether arising from the collection of taxes or from any other source, shall be allowed mileage in connection with the transmission of any such funds to the seat of government: Provided, however, That in counties of this territory where there is no express office or offices located at the county seat, the sheriff of any such county shall be entitled to demand and receive six cents per mile in going to and returning from the express office nearest to the county seat of his county when actually engaged in the business of transmitting such funds. but no such mileage shall be charged for or allowed more than once in any month.

§ 1809. All jurymen shall receive two dollars per day for each day's actual service as jury men, and six cents for each Amended. L. 91, C. mile necessarily traveled from the place where such juror resides to the place where the court is held, and return. In all counties of this territory, except in the counties where causes arising under the laws of the United States are triable, no grand jury shall remain in session longer than ten days at any one term of court. The provisions of this act shall not apply

C. 96, L. 89. § 10:

Feb. 26; also § 11 and to proceedings in justices' courts.

12.

Fees for attending district court.

§ 1810. That witnesses shall be allowed fees for services in all cases, as follows: For attending any district court, referee, clerk or commission, within the county where the witness resides, for each day, ($1.00) one dollar; for attendance as aforesaid, out of the county, ($2.00) two dollars for each day: for each mile of travel in going to and returning from C. 10. L. 8. $ the place of trial, five cents.

Feb. 24.

C. 44. L. 70, § 1;
Feb. 3.

Witness in county.
Justices' court

$ 1811. No person summoned as a witness to appear before a justice of the peace of his own proper precinct, shall have the right to claim any pay or compensation for such service. When any person shall be summoned as such witness to give evidence beyond or without his proper precinct, before any justice of the peace within his county, he shall re- 40. ceive ($0.50) fifty cents for each day's necessary attendance; and shall also receive for each mile of travel in going to and returning from the place of trial, five cents.

Amended, L. 87, C.

Number of witnesses allowed.

C. 40, L. 87, § 3; Feb. 24.

Fees for witness and mileage.

§ 1812. That in no case in any of the courts of this territory, shall any fees for witnesses be taxed to exceed four witnesses, on each side, unless under the direction of the court, and in the court's discretion the same may be necessary. $1813. Provided, That no witness shall be paid more than five cents per mile in going to and returning from the district court, nor shall any witness summoned before any grand jury be paid for more than three days' attendance before such grand jury at any one term, nor shall any witness who resides within three miles from the court house of any county, be paid for more than one day's attendance before the grand jury of the county where he resides, at any one time; nor shall any witness who resides within three miles from the court house be paid more than fifty cents per day for his attendance before the grand jury of the county where he resides: Prorided, further, That it shall be the duty of the judge of each district court to fix a day for the trial of each criminal case in the district court, which day shall not be earlier than the third day of the term, and shall be fixed by the judge, not less than twenty days before the first day of the term at which it shall be tried, except that no day shall be fixed for the trial of any criminal case which the judge has reason to believe will not be tried at such term, and witnesses summoned on behalf of the territory in any cause so fixed for trial, shall be summoned to appear at the court house of the proper county at nine o'clock a. m. of the day in which said cause shall be fixed for trial, to testify on behalf of the territory in such Feb. 26.

cause.

C. 94, L. 91. § 1;

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L. 1869. chap. 20, § 1: Jan. 25. Tr.

S1814. The fences actually existing or that may henceforward be constructed within any county of this territory, Fences under pro- shall be considered as under the care and protection of the law, for damages done, or destruction committed thereon.

tection of law.

Injuries; penalties

for.

§ 1815. Any person who shall be guilty of breaking or throwing down a fence, or in any manner whatever breaking any rail, post, stake, or whatsoever other material is placed for the purpose of fencing, or wall built with that object, shall be summarily judged before the justice of the peace of the precinct in which such offense is committed; and if convicted, Fine; disposal of. shall be fined in the sum of five dollars, which shall be applied to the use of the county in which the offense was committed: Provided, That when children, or minors, shall commit such offense, their fathers, mothers or guardians shall be responsible for them under the provisions of this section.

Id. § 2.

Unlawfully cutting

and destruction of

felony.

§ 1816. The unlawful cutting, destruction or injury to any fences; declared fence inclosing in whole or in part any real estate or lands, to which lands any person or persons, company or corporation, has a good and indefeasible title, either by grant from the government of Spain or Mexico, or under the laws of the United States or the Territory of New Mexico, and the unlawful and malicious destruction or injury of any hay, stock, grain, crop, orchard or building on any such land, is hereby declared a felony.

C. 65. L. 91, § 1: Feb. 26.

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§ 1817. Any person found guilty of the unlawful cutting, destroying or injuring any fence, or the unlawful and malicious burning, destroying or injuring any hay, stock, grain, crop or building on any land held and owned by any person or persons, company or corporations, as provided in section one thousand eight hundred and sixteen, shall, upon conviction, be confined in the territorial penitentiary for a term not less than one year, nor more than five years, in the discretion of the court or jury trying the cause.

§ 1818. That the same penalties named in sections one thousand eight hundred and sixteen and one thousand eight hundred and seventeen shall apply to any person or persons or member of any corporation who shall fence, to the injury of any person or persons, any lands which they do not own or have no legal title thereto, by lease or otherwise: Provided, however, That the provisions of this section shall not be construed to in any manner interfere with or apply to any person or persons who in good faith enters upon any land for the purpose of establishing his residence and acquires title to such land under the limitation laws in force in said territory: And, provided, further, That any land so fenced does not exceed in area the number of one hundred and sixty acres.

§ 1819. When any animal, of whatsoever class or species it may be, break, obstruct or injure any rail, post, stake, or any material of which a fence is constructed, the owner of such animal shall be compelled to pay the damages occasioned to the owner of the fence, according to the damages sustained and suffered: Provided, That if any animal be taken near any fence, and it shall result in his injuring it, then the person who ordered the animal to be placed there shall pay the damage, and if the herder who has the care of the animal, shall

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