Fees of Officers of State Courts.

faulting juror, 28. 4d.; for dawing an indictment for every suit so commenced and prosecuted to against a person presented by the grand jury, and bound over, 48. 8d.; for entering a nolle prosequi, 7d.; for attending at judges' chambers to take the affidavit of any person, in criminal cases, 4s. 8d.; for drawing an affidavit, or any other instrument of writing, per copy sheet, 34d.; for a subpoena in criminal cases, 18. 2d. ; for retaining fee against persons indicted, 148.

Attorneys' Fees.-On each cause commenced and tried in the superior or inferior courts, 18s. 8d.; on each appeal prosecuted to judgment, except appeals from a justices' court, 188. 8d. (where the defendant prevails, to receive the fee in lieu of the plaintiff's attorney).

judgment, including every service, to entering up satisfaction, 14s.; for each appeal, if settled before verdict, 48. 8d.; for each appeal, prosecuted to judgment, including every service, to entering up satisfaction. 98. 4d.; for every writ of subpœna and ticket, 7d., for a writ of partition and lands. 148.; for issuing a commission to examine wit nesses, 48. 8d.; for making out letters of guardianship, and security taken, 48. 8d.; for every order for the sale of land, and copy thereof, 2s. 4d. ; for recording any instrument of writing, per copy sheet, 64 cents; for each search, 7d.; for a certified copy of any record, per copy sheet, 34d.; for every foreclosure of mortgage, and recording proceedings, 48. 8d.; for every inquiry of title, respecting property levied on by the sheriff, and claimed by a third person, 4s, 8d.; for every tav ern license, including every service therein, 48. 8d.

Jurors' and Witnesses' Fees, in civil cases. To the petit jury, for each cause tried, to be paid by the plaintiff, and taxed in the bill of costs, 4s. 8d.; to a special jury, for each appeal tried, to be paid by the appellant, and taxed in the bill of costs, 4s. 8d.; to each witness, per day, for his or her at- Fees of the Clerk of the Inferior Court.-For tendance, and for coming and returning, allowing each cause settled before judgment, and each apthirty miles for a day, not allowing for more than peal to the superior court, 78.; for each copy of a three witnesses, to be paid by the person summon-writ, where there are more than one defendant, ing the same, and taxed in the bill of costs, 3s. 6d.; after the first copy, 2s. 4d.; for each cause comthe witnesses to have the same allowance in crim- menced therein, and prosecuted to judgment, not inal cases, where the person prosecuted is found appealed from, including every service, to enterguilty. ing satisfaction, 14s.; for subpoena tickets, commissions, and letters of guardianship, and inquiries respecting property claimed, nonsuits, and any other service performed, the same fees as allowed to the clerk of the superior court; for each appeal. prosecuted to judgment, from a justices' court, 4s. 8d.; if settled by the parties, 28. 4d.; including every service, to entering satisfaction.

STATE OF KENTUCKY.

Table of Fees and Compensation allowed by law to the respective Officers and others, as hereinafter mentioned,

Attorneys-at-law in the Court of Appeals.-In every chancery cause, to be taxed in the bill of costs, $10; in every common law action, $5.

Clerk's Fees, in criminal cases. For every writ and seal, 1s. 2d.; for every panel of a jury, 1s. 2d.; for every order on a fine for a juror, (unless excuse made,) and entering the same, is. 2d.; for ordering a fine peremptory, entering and reading, 18. 2d.; for copying the same for the attorney general, 1s. 2d.; for fee on a writ of capias and seal, 1s. 2d.; for the clerk's attendance in hearing a motion in arrest of judgment, or at the judges' chambers on a petition preferred, or a habeas corpus, or to take the examination or information of any person, 3s. 6d.; for taking an examination, information, or affidavit, per copy sheet, six-and-a-quarter cents; for drawing a warrant, 18. 2d. ; for a commitment or liberate, 18. 2d.; for taking an acknowledgment of bail before the judge, or in court, and drawing recognisance Note. These are the fees taxed, but no attorney thereof, 28. 4d.; for every subpoena ticket, 7d.; for is restrained from receiving or demanding more every indictment, if the criminal be found guilty, from his client; and the fees paid, in fact, are in 2s. 4d.; for every arraignment, or charging a de- the general not less than $20 in common law cases, fendant with indictment, if found guilty, 18. 2d.; and $30 in chancery. Attorneys prosecuting for for entering a plea, 7d.; for calling a jury, 7d.; the Commonwealth are appointed in each county for clerk's attendance on every cause tried, 18. 2d.; by the courts thereof, the circuit court appointing for every sentence or judgment, and entering the an attorney to prosecute therein, the county court same, 18. 2d; for every copy of every indictment, also appointing their attorney; the allowance to or other paper, 4d.; for every copy of judgment each is at the discretion of the court annually, and to the sheriff and order thereon, 18. 2d.; for call-varying according to the population, wealth, &c. ing a traverse, or discharging a recognisance, 18. 2d.; for recording the proceedings of a cause, per copy sheet, 64 cents; for every person acquitted by proclamation, 1s. 2d.; for every search, 7d.; for a writ of dedimus potestatem, 4s. 8d.; for renewal of capias, 18. 2d.

Fees of the Clerk in the Superior Court, in civil cases. For every suit commenced therein, if settled before judgment, and each nonsuit, 78.; for each copy of a writ, where there are more than one defendant, after the first copy, 28. 4d.;

of each county, from $100 to 300. No fees are taxed for attorneys in criminal cases; in civil cases, where the State prevails, the same fees are taxed against the defendant for the use of the attorney for the Commonwealth as in other similar

cases.

To Sheriffs. For an arrest and return, 62 cents; for every bail bond, (by act of 1799, vol. 2 Brad. page 55,) 50 cents; for returning a capias non est inventus, 21 cents; for serving a scire facias, 31 cents; for serving any person with an order of

Fees of Officers of State Courts.

To the Coroner. For an inquisition on a dead body, to be paid out of the estate of the deceased if the same be sufficient, if not, by the county, $6; all other services rendered by him, the same fees as are allowed sheriffs for similar services.

criminals' in jail are allowed, per day, 75 cents; Guards, summoned and attending, to secure for travelling to and returning from guarding any prisoner to the public jail, (the said guards furnishing themselves at their own expense.) per mile, 3 cents.

court, and making return thereof, 31 cents; for gas, 66 cents; to the sheriff of Franklin for attendpillorying any person, 414 cents; for putting into ing the court of appeals, for each day, $4; to all the stocks, 21 cents; for ducking any person, 414 public services of sheriffs, viz: attending courts cents; for putting in prison and releasement, 41 of claims, empannelling grand juries, publishing cents; for serving subpoena in chancery, 31 cents; writs of election, and his attendance thereat, servfor serving subpoena for a witness in any cause in ing all public orders and courts, and all other pubcourt, except summoned in court, 21 cents; for lic and county services, a yearly sum not exceedsummoning an appraiser, auditor, viewer, or wit-ing $40, to be levied annually by the justices of ness to a deed, will, or writing, if required to be the county; and the sheriff shall lay before the summoned, 21 cents; for summoning and empan- court an account of his services, to enable them nelling a jury in every cause wherein a jury shall to judge of the quantum within the said limit. be sworn, $1 40; for summoning a jury in a criminal case, (act of 1802,) $1 50; for coming to and attending the district court with the venire, and return of the venire facias, the same as is allowed to a venire man, (to be paid by the public;) and for attending the district court with stolen goods, where there is no venire man, the same, $104; for summoning the justices of the county, attending a court of oyer and terminer, for the examination of a criminal, $4 17; for removing every eriminal from any county jail to any public jail, for every mile, 12 cents; for every horse impressed for that purpose, for each day. (act of 1802,) To the Clerk of the Court of Appeals.-For 25 cents; for removing a debtor by habeas corpus every writ of dedimus potestatem, 37 cents; for from any county jail to any public jail, for every taking bond, issuing supersedeas, 43 cents; for mile, 44 cents; for executing a condemned person, entering the appearance of either party in person and all fees incident, $5 21; for summoning a or by attorney, 16 cents; for every rule entered jury upon any inquisition, survey, writ of dower, on the rule docket, 16 cents; for copy of every or partition, if the jury appear, $3 12; and if rule, 16 cents; for entering every continuance on the jury do not appear, $1 56; for making a re- the court docket, 25 cents; for administering an turn of a writ of dower, partition, or in nature of oath or affirmation in court, 16 cents; for enteran ad quod damnum, $1 044; for each day's at- ing every judgment, 25 cents; for copy thereof, tendance on a jury in the country after they are 16 cents; for entering every decree, 50 cents; for sworn, or attendance on a surveyor when ordered copy of the same for every twenty words, 2 cents; by the court, $1 044; for serving a writ of habere for filing record upon an appeal, writ of error, or facias possessionem or seisinam, 63 cts; for serving supersedeas, 25 cents; for copy of such record, a declatation in ejectment, if against one tenant, for every twenty words, 2 cents; for taxing the 63 cents; if more than one, for every other ten- costs in any action or suit, and a copy thereof, 35 ant, 31 cents; for whipping a servant, to be paid cents; for every order to a witness for attendance, by the owner, and repaid by the servant, 41 to be charged to the party against whom such cents; for whipping a free person by order of court, order goes, 16 cents; for copy thereof, 16 cents; to be paid by such person, 414 cents; for whipping for attachment thereon, 16 cents; for every order a slave by order of court, to be paid by the public, in court, 25 cents; for recording a deed where 414 cents; for selling a servant at public outcry one tract of land only is conveyed, taking the acby order of court, and all fees incident, 414 cents; knowledgment or proof thereof, and certifying the for keeping and providing for a debtor in jail, each same, $1; for every tract more than one contained day 21 cents; for keeping or providing for a run-in such deed, 25 cents; for recording each certiaway or criminal in jail, each day, to be paid by the public, 18 cents; for serving an execution, if the property be actually sold, or the debt paid, or where the sheriff shall have taken bond for the delivery of property, which, if not complied with at the day of sale, five per centum on the first hundred pounds, and two per cent. on all sums above that; and where he shall have levied an execution, and the defendant shall have replevied, or where, under the same circumstances, execution is stopped by injunction, writ of error, or supersedeas, by order of the party for whom it is issued, one-half the above commissions; for serving an attachment on the goods exceeding three pounds, if sold, the same fee as for serving an execution-where the goods do not exceed that value, or are not sold. 63 cents; for every garnishee summoned on at tachment, 21 cents; for serving a writ of distrin- |

ficate annexed to, or endorsed on such deed, when offered to be recorded, 16 cents; for a copy of any deed, three-fourths of the fee for recording the same; for recording a deed concerning slaves or personal matters only, $1; for a copy thereof, 75 cents; for recording a letter of attorney, 75 cents; for a copy thereof, 50 cents; for recording a bond with condition other than for the performance of covenants, 75 cents; for a copy of a bond with condition, 50 cents; for a search for anything above one year's standing, and reading the same over, or any part thereof, if required, 16 cents; for docketing every cause to be charged but once, 16 cents; for every other service of the clerk a reasonable compensation shall be made by the party, to be determined by the court, according to the equity of the case, and a regard to the fees herein allowed; for recording or transmitting a

Fees of Officers of State Courts.

memorial of a deed to the clerk of the county courts, viz: for every writ other than those parwherein the lands lie, 12 cents. ticularly specified with the endorsement, 25 cents; The following fees established by the Court of for a copy thereof, 15 cents; for copy of a bail Appeals by the power hereinbefore recited, viz: bond, 25 cents; for entering special bail, or for a -For filing errors, or for a copy thereof, 35 cents; copy thereof, if required, 18 cents; for filing de for filing the record upon the return of a certior-claration, plea, or demurrer, 10 cents; for every ari, 25 cents; for entering the return of writ of scire facias, and recording the return, 40 cents; error, supersedeas, certiorari, summons or execu- for every writ of elegit, 30 cents; for recording tion, 28 cents; for recording a recital of a former the return thereof, every twenty words, 2 cents; grant or conveyance of land, &c., in any deed for taking bonds upon injunctions in chancery, or contained, 75 cents; for recording or copying a upon appeals or certiorari, 33 cents; for returning receipt, 16 cents; for recording a certificate en- an appeal, writ of error, or certiorari, 25 cents; dorsed on or annexed to any instrument of writing for filing the same, 12 cents; for recording the when offered for record, or for copy thereof, 16 acknowledgment of a satisfaction of a judgment, cents; for entering every plea or for a copy there- 18 cents; for each summons for a witness or witof, 28 cents; for entering sheriff's return upon nesses, 18 cents; for administering an oath in court any writ or precept, or for a copy thereof, 28 not relating to the trial of the cause, and certifying cents; for swearing a jury in any cause or suit, the same, 18 cents; for issuing a subpœna in 75 cents; for recording any verdict of a jury or chancery, 21 cents; for endorsement on a subpœna matter, agreed by the parties, for every twenty or injunction, 10 cents; for filing each bill, answer, words, 2 cents; for a copy of an execution and replication, or other pleading in chancery, 10 return thereon, 37 cents; for recording the cents; for recording report of surveyor for every award of arbitrators, the report of auditors, view- twenty words, 2 cents; for a copy of the same for ers, or commissioners, or a copy thereof, for every every twenty words, 2 cents; for every writ of twenty words, 2 cents; for a copy of any bond idiota inquirendo, 25 cents; for recording return, taken by any clerk of the superior or inferior for every twenty words, 2 cents; for making comcourts directed by law to be taken, and not inclu- plete record in every cause, for every twenty ded in a complete record in such case, 50 cents; for words, 2 cents; for copy of the same, for every copy of any account not included in a complete twenty words, 2 cents; for copy of every paper or record, if it be contained in one page or less, or record not otherwise provided for, every twenty for recording the same, 35 cents; for recording or words, 2 cents; for public services for which no copying an account for every twenty words more fees are herein particularly provided, a yearly sum than are contained in one page, 2 cents; for an to be adjudged by the court, not exceeding $60. order to advertise, or an order of survey, 371⁄2 cents; for recording a connexion of surveys, or for a copy thereof for every survey in such connexion, 16 cents; for recording, making out a complete record, or for a copy thereof, for every twenty words, 2 cents: for recording or copying every paper not herein otherwise provided for. every twenty words, 2 cents; for recording a commission, or for issuing the same to take the relinquishment of a feme coverte, 50 cents; for recording bond for the conveyance of land or for a copy thereof, 50 cents; for recording articles of agreement or copy, $1; for filing the papers of each party in any cause, 25 cents; for affixing seal of office and certificate accompanying the same, 50 cents; for each certificate for which no fee is herein specially allowed, 25 cents; for recording every official certificate for which no fee is herein specially allowed 25 cents; for copy of a caveat separate from complete record, 25 cents; for copy of a grant or patent filed with papers, 43 cents; for copy of a plat and certificate, with papers, 25 cents; for copy of every entry from commissioners' books, 25 cents; for copy of every entry from surveyors' books 17 cents; for recording the return on a mandamus for every twenty words, or a copy thereof, 2 cents; for issuing execution, 33

cents.

Fees of the Clerk of the General Court.-For similar services, the same fees as the clerk of the court of appeals is entitled to; and for services not before specified, the same fees which were allowed to the late district and quarter session

Clerks are allowed a reasonable compensation for paper, books, and presses, to be adjudged of and certified by their respective courts.

Grand and petit jurors are not allowed any compensation; they are not called without the limits of their respective counties by the present laws establishing the judiciary; and repeated attempts have been unsuccessfully made in the Legislature to change the mode of summoning petit juries, (who are taken now from among the bystanders,) and to give them a compensation.

Jurors summoned by venire facias, for the trial of criminals, were allowed, under the district court system, where they were liable to be called without the limits of their respective counties, five shillings per day, for attendance and mileage, at the rate of two pence; and ferriages going and returning. Under the present circuit court system, they are allowed 2s. 1d. per day, for attendance, and mileage at the rate of 2d. going and returning, and ferriages.

Witnesses. For attending the court of appeals or general court, 5s. per day; and where they reside without the county in which the court is holden, 2d. per mile, going to and returning from the court, and ferriages; for attending circuit courts, county court, arbitrators, to have their depositions taken, &c. &c. 2s. 1d. per day, and mileage going and returning where summoned beyond the limits of their county, at the rate of 2d. and ferriages; witnesses attending in criminal cases are entitled to similar allowances, to be paid by the Commonwealth, but not allowed in any case to

Fees of Officers of State Courts.

claim their attendance in more than one cause for the same attendance, though summoned in several cases; not more than three witnesses for proof of any one fact, to be taxed in the bill of

costs.

FRANKFORT, KENTUCKY, Dec. 14, 1807. SIR: The foregoing is a table of fees allowed by law in this State, extracted and compared with the different laws upon the subject.

ment or indictment, together with charging the prisoner and entering his plea, 60 cents; for the court at which the cause is determined, including all services in entering judgment, $1 60; for every subpoena, if not more than four witnesses inserted, 20 cents; for every execution and order of sale, and all services in issuing, taxing costs, and receiving return for the same, 40 cents; for every scire facias for bail, all services thereon, 80 cents; for Whilst the subject of fees and costs of judicial a copy of a record of any cause when demanded proceedings is before the Congress of the United by either party, 60 cents; for every recognisance, States, it may not be unavailing to mention that 20 cents; for every order or rule of court, made the subject of costs in actions prosecuted on be- on a matter foreign to a suit depending, and a copy half of the Government, where such actions are thereof, 24 cents; for searching a record out of unsuccessful, has produced much perplexity in court, ten cents; for a commission to take examthe federal courts of this State, and the clerk's ination of witnesses on any cause depending, or fees in particular. By the State regulations, all to take examination of a feme coverte, and all serfees for public services in criminal and civil case, to examine and return the bounds of land, 80 cents; vices thereon, 20 cents; for a special venire facias are included (some few services excepted) in a for a special verdict, demurrer, or motion in arrest gross allowance to officers of courts for ex officio services, to be certified by the courts, not exceeding of judgment and argument thereon, 40 cents; for a limited sum; in misdemeanors, the prosecutor a writ of error, certiorari or appeal, with a tranmust be named at the foot of the indictment or pre-script of the record, and all services, $1 60; for sentment, and is liable for costs if unsuccessful, making certificates of witnesses and jurors' attenand may, at the discretion of the court, be compelled dance, 6 cents; for each security taken in issuing to give security for costs; if the prosecution suca writ, 20 cents; for recording such bond, with ceeds, the costs are taxed against the prosecuted. security, 20 cents. Witnesses in criminal cases of felony are paid by the Commonwealth, but in all cases must look to the prosecuted or prosecutor as the case may be. The claims of clerks, marshals, and witnesses, upon many prosecutions in this State which have ended unsuccessfully, particularly in cases arising under the late excise laws, are very considerable, and, indeed, remain as yet undecided to a considerable extent. What alteration or definite declaration of Legislative will in this respect, or whether any is necessary, I submit to your better experience as the Attorney General of the United States. Believe me, sir, it will, at all times, be pleasing to render you, as an officer of the Government, or individually, any assistance in my power. am, sir, very respectfully, your fellow-citizen. GEO. M. BIBB. C. A. RODNEY, Esq.

STATE OF TENNESSEE.

To Clerks and Masters in Equity. For a report on an answer, 40 cents; for a report on a plea, and answer, 40 cents; for a report on a demurrer, and answer, 40 cents; for an affidavit to a bill or answer, 25 cents; for a separate affidavit, 25 cents; for a copy, by the office copy sheet, 25 cents: for a report stating an account, one per cent. on the amount of each act exhibited, if under £200, if over, one half per cent.; for copies of proceedings and exemplifications, (copy sheet,) 25 cents; for copies of bills or answers, (by copy sheet,) 25 cents; for every injunction, $1 50 cents; for every subpoena to answer writ or other leading process, $125; for every scire facias, 75 cents; for enterIing a plea or demurrer, 25 cents; for recording depositions to perpetuate testimony, by copy sheet, 35 cents; for every rule given for service, 25 cents; for every rule not for service, 15 cents; for every dedimus potestatem, 50 cents; for commissioners to take the affidavits of parties to an answer, $1 00 for every subpoena for witnesses (each witness,) 25 cents; for every order of publication, $1 00; for entering every issue of fact, and every service attending the trial by jury, $1 00; for each security for pros: cution of a suit, 25 cents; for recording prosecution bond, 15 cents; for drawing decrees by the copy sheet, 25 cents; for enrolling same, by copy sheet, 25 cents; for drawing deed of conveyance, when decreed "for parties to convey the right," reciting suit &c. $2 00, for every notice issued not for publication, 25 cents; for searching the record out of court, 25 cents; for every continuance after first court, 25 cents.

List of Fees due to the different Officers in Tennessee. To Attorneys. For each suit in chancery, $12 50; for each suit in the superior courts on the law side, $6 25; for each suit originally commenced in the county courts, $2 50; for each suit taken to said county courts by appeal, $1 25.

To the Attorney General.-For each bill of indictment, in Supreme Courts, (true bill,) $3 00; for each bill of indictment, in Supreme Court, (ignoramus) $1 25.

Toclerks of the Supreme Court.-For every leading process returnable to the first court, including all services thereon, together with dismission or final judgment, (if either happen) $100; for every continuance or reference of every cause after the second court, including all fees for every necessary service, 40 cents; for entering every present

To Sheriffs.-For every bail bond, 25 cents; for serving a copy of a declaration, 75 cents; for serving a subpoena, on each person, 25 cents; for pillorying a person, 50 cents; for each arrest on process, $1 00; for an attachment, the same as for an arrest; if additional trouble, to be taxed by

Fees of Officers of State Courts.

general court; for executing a warrant of distress or execution against the body or goods, at 24 per cent., summoning jury, &c., 12 cents; for serving a capias, a writ for the body, $1 00; for putting persons in the stocks, and releasing, 50 cents; for commitment and releasement, each, 50 cents; for every scire facias, 60 cents; for returning the same, or any other process not found, half of the sum for executing it; for serving a subpoena in equity, 60 cents; for serving a writ of possession of land, $1 00; for executing any condemned per-purchaser, $2; for making a deed for land sold son $12 50; for serving and attending any person on a habeas corpus, per day, $1 00; for whipping a person by order of court, 50 cents; for summoning garnishee, 60 cents; for every time an action is called in court, 4 cents; for imprisonment of felons or any other person, and finding them per day, 25 cents.

To Coroners.-The same fees as to sheriffs for similar services.

To Registers. For registering each grant or deed where only one tract of land is conveyed 814 cents; for each tract over one, 25 cents; for each search of a register's book, 12 cents; for each copy of deed, grant, &c., and a certificate, 75

An Act regulating the Fees of Civil Officers, in civil and criminal cases.

SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That, from and after the taking effect of this act, the fees and compensations of the several officers, and other persons herein mentioned, shall be as follows, and no more, viz:

Sheriff's Fees in the Common Pleas. For the service of every writ or summons, and return thereof, (subpoenas only excepted,) when only one defendant is named therein, 15 cents; for every bail-bond, 60 cents; for every commitment to prison, 30 cents; for discharging a person from prison, 30 cents; for attending a prisoner before a judge, or in court, when required. 30 cents; for serving a writ of possession with the aid of the posse comitatus, $2; for serving the said writ without such aid, 75 cents; for executing a writ of inquiry, and returning the same with the inquisition, $125; for the copy of any writ or process necessary to complete a service, for each hundred words thereof, 10 cents; for serving and returning a subpoena for each person named therein and actually summoned, 10 cents; for travelling fees upon each writ of subpoena, 4 cents; for summoning a jury, to be allowed on each issue, including fees, 50 cents; for summoning a grand jury to attend the court of common pleas, including travelling fees, to be paid by the county $2; for making out a list, for striking a special jury, and delivering the same,

50 cents; for summoning a special jury, including travelling fees, $2; for travelling fees upon all writs, precepts, and subpoenas not otherwise provided for, to be computed from the place of return to the place of service, per mile 5 cents; for poundage on all moneys made on execution, 2 per cent.; for service of a declaration in ejectment and return, the same fees as allowed for the service of a summons; for making and executing a deed for land sold on execution, to be paid by the for taxes, to be paid by the purchaser, $1; for serving a scire facias, and making return thereof, 35 cents; for serving any person with an order of court, and making return thereof, 30 cents; for serving a subpoena in chancery, 30 cents; for keeping and providing for a debtor in jail, each day 25 cents; on each action for opening court, to be charged once every term, 8 cents; on calling action, each term, 8 cents; for calling jury 10 cents; for calling each witness, 4 cents.

Sheriff's Fees in the Supreme Court.-For ex. ecuting a criminal, to be paid out of the county treasury, $8; for bringing up a person on habeas corpus in civil causes, 75 cents; for travelling fees, the same as in common pleas; and all other services rendered in the supreme court, the same fees as allowed for similar services in the court of common pleas; provided that no compensation shall be allowed the sheriff for any service performed in the supreme court, for which service a compensation is not herein provided in the court of common pleas. For summoning a jury on forcible entry and detainer, or forcible detainer, $2; for serving a writ of restitution,

75

cents, and mileage thereon as in other cases; for serving summons in forcible entry and detainer, 35 cents, and mileage as in other cases.

When the State of Ohio fails in prosecution, or the defendant proves insolvent, or unable to pay the fees when convicted, no fees for any services, by the sheriff or other officer, in such case performed, shall be paid by the county treasury, (the ordinary diet, fuel and water, furnished to a prisoner, only excepted,) any law, custom, or usage to the contrary notwithstanding: Provided, That the sheriffs of the several counties, for their fees in all prosecutions, where the State of Ohio fails in prosecution, or where the criminal shall prove insolvent, or unable to pay, for publishing writs for electing members of the General Assembly, and all other public and county services not otherwise provided for, they shall, respectively, receive, annually, a sum not more than $60, nor less than $20, to be paid out of the county treasury upon the order of the commissioners.

Clerk's fees in the Supreme Court, in civil cases. For filing ticket, sealing writ, and entering the same, 25 cents; for filing declarations or other papers, when required 6 cents; for entering the sheriff's return, 6 cents; for docketing every cause, to be charged but once, 6 cents; for entering the appearance of either party, by attorney or personally, to be charged but once, 8 cents; for entering every special rule, 6 cents; for entering every special bail 12 cents; for swearing and empannel