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If over one thousand dollars, one tenth of one per cent., not exceeding in any case,
$50 00 For allowing an account of an executor, administra
tor or guardian, and engaging the person exhibiting the same,
75 For granting letters of guardianship over a minor or
50 For granting a warrant for dividing real estate or as
signing dower, and engaging the persons appointed therein,
1 00 For receiving and allowing a division of real estate, or assignment of dower,
50 For every decree on petition for sale of real estate, giving instructions and approving bond,
50 For each decree, judgment or order, other than as above,
10 05 05 10
50 25 10
For registering and copying, for every page of two
hundred words, For receiving and filing a certificate of attachment of
real estate, For receiving and filing an account under the lien
administration or of guardianship,
or make partition, For warrant or citation, For drawing probate of a will or codicil, decree of ac
ceptance or allowance of an inventory, commission
ers' report, account or guardians' list of debts,
of instruments, same as justices of the peace for the
25 10 06 Public Notaries.
For noting a marine protest,
$100 For drawing and extending such a protest and recording same,
1 50 For taking affidavits,
25 For noting any note, bill of exchange, order or check, for non-payment or non-acceptance,
25 For every notice more than one,
10 For travel of more than one mile, per mile,
08 For extending a protest for the non-acceptance or the
non-payment of a note, bill of exchange, order or check, and recording the same,
75 For engaging officers, same as justices of the peace. For taking the acknowledgment of any instrument and affixing his seal,
25 Sheriffs—in civil cases. For serving a writ, citation, subpæna or monition,
by arrest, by leaving a copy, by reading the same to the party to be served, or by attaching real estate, if not more than one mile from the place of appearance,
30 If the damage laid in the writ served by arrest or at
tachment is over five hundred dollars, one twentieth
of one per cent. for all sums over. If more than a mile,
22 If by attachment of personal property,
50 And for every hour after the first actually employed in making a schedule of the property attached,
20 For taking bail, whether by bond or endorsement,
12 For committing a person on mesne process,
30 For committing a person on execution, For serving all executions where the money due thereon is collected and does not exceed four dollars,
30 If above four and not exceeding seven dollars,
40 If above seven and not exceeding twenty dollars,
60 If above twenty and not exceeding fifty dollars,
1 00 If above fifty and not exceeding one hundred dollars,
1 50 If above one hundred and not exceeding two hundred, 2 00 If above two hundred dollars, one per cent. ; none of
the less sums to be included in the greater. For serving an execution by levy on, or attachment of real estate,
For serving an execution by levy on, or attachment of
personal estate, the same as for serving a writ by
attachment of like property, For delivering possession of lands while actually employed, by the day,
$1 00 For advertising real or personal estate to be sold at auction,
50 For advertising every adjournment of same,
50 For selling at public auction real or personal estate, if
one hundred and fifty dollars or under, two per cent. If over one hundred and fifty dollars and under three
hundred dollars, one and one-half per cent. On all sums over three hundred dollars, one per cent.,
to be computed on the amount of the sales ; and none of the less sums to be included in the greater.
In criminal cases. For serving a warrant or capias and conveying the prisoner to court, if not more than one mile,
60 For committing a prisoner to any jail or to the state prison,
70 For travel with a prisoner in custody to county jail or to the state prison, per mile,
20 Other Fees. For the copy of any writ or process, not to be charged
unless actually given, for every two hundred words, 10 For serving a summons on a witness, if not more than one mile from the place of appearance,
12 For travel per mile to serve a summons or writ, to be
computed from the place where the same is returnable; and if more than one person is named therein, the travel shall be computed from the place of service which shall be nearest, adding thereto the extra travel which shall be necessary to serve it on the others,
08 For attending a justice's court, by the day, in a civil case,
25 For attending a justice's court, by the day, in a crim
50 For attending the supreme court or any court of common pleas, by the day,
1 00 Deputy sheriffs, town sergeants and constables shall
be allowed the same fees as sheriffs for the same services.
Jailers. For taking custody of each prisoner committed to his custody, whether on civil or criminal process,
$0 25 For discharging every such prisoner, and entering the same on the jail book,
25 For each bond for the liberty of the jail yard, drawn and furnished by the jailer,
25 For board of state prisoners and others, by the week, 1 00
1 00 5 00
1 00 2 00 5 00
Other fees to be allowed in court.
tered in the supreme court or any court of common
filed, if the defence be joint.
preme court or court of common pleas, by the day, For his travel, per mile, For attendance and travel of a witness before any
other tribunal, including giving depositions, per
day, Travel, per mile, For the attendance of the party, in a civil cause, re
covering judgment, by the day, For the travel of the same, per mile, Only two days' attendance to be taxed in a nil
Sec. 2. Every officer who shall serve any process, civil or criminal, shall endorse thereon the several items which constitute the amount of his fees; and on failure thereof the same shall not be taxed in any bill of costs, nor be recoverable by law.
Sec. 3. Every witness, previous to his obtaining any fees except the amount which in certain cases must be tendered to him before he can be compelled to attend, shall give a certificate to the clerk of the court or justice of the peace wherein or before whom his attendance shall be given, certifying the number of days he shall have attended, and the number of miles he shall have travelled, in pursuance of a summons issued for that purpose; which certificate shall be subject to the examination of the court or justice, and such allowance shall be made thereon as shall be lawfully due. Unless such certificate shall be filed within four days after the rising of such court, no more fees shall be taxed for his attendance and travel than shall appear by the return on the summons to have been tendered to him, nor shall they be recoverable of the party that summoned him.
Sec. 4. Every person appointed and empowered to tax and allow costs shall conform strictly to this act, and shall disallow and reject all unlawful fees.
Sec. 5. In all civil actions brought by or against a firm, company or copartnership, and where there is a joint cause of action, or joint defence, costs for travel and attendance of one only of the parties recovering judgment shall be taxed.
Sec. 6. Whenever any petitioner for the benefit of the act entitled " an act for the relief of insolvent debtors” shall, on the reception of his petition, be liberated from jail on condition that he give bond to return again in case the prayer thereof should not be granted, or he be discharged from jail by the court upon the granting of his petition, he shall, before his liberation from jail, pay to the jailer in whose custody he may be, the sums which may be due to said jailer on account of his prison fees, and other incidental charges which may have accrued on such commitment.
Sec. 7. The attendance and fees of sheriffs, deputy sheriffs, town sergeants and constables, in criminal process issued by a justice of the peace, and of justices of the peace in criminal and civil cases, shall be as before in this act prescribed. In case other or greater fees are claimed in any criminal case, they shall be presented to the general assembly for allowance. A reasonable allowance may be made by any court or justice of the peace to any person employed by any officer as aid in the service of any process, when the same shall be adjudged necessary, by such court or justice, not exceeding in any case one dollar per day to each person employed as aid.