페이지 이미지
PDF
ePub

---

.25

(4) certification of copy of marriage certificate------------- $1.00 (5) searching records and giving certificate thereto of any fact

or facts contained therein.---------(6) taking acknowledgments, each------(7) administering oaths, each.-----

.26 (8) recording powers of attorney, deeds, and other instruments

where fee is not specified by another statute, for each page of 100 words or fraction thereof, with minimum charge of $1.00 for each instrument.--

---§ 345. Fees of marshal and other persons serving district court

process The United States marshal and other persons serving process of the district court shall collect the following fees:

(1) executing process, preliminary and final judgments, and decrees of any court, for each mile of travel in the service of process going one way, reckoned from the place of service to the place to which the process is returnable, 10 cents;

(2) serving an attachment against the property of the defendant, $i, together with a reasonable allowance to be made by the court for any expenses necessarily incurred in caring for the property attached;

(3) arresting each defendant in a civil action, 50 cents;

(4) serving summons and copy of complaint for each' defendant, $1; but in special proceedings, testamentary or administrative, where several members of a family residing at the same place are defendants, for each defendant, 50 cents;

(5) serving subpoenas, for each witness served, 50 cents plus travel fees;

(6) each copy of any process necessarily deposited in the office of registrar of property, 10 cents for each one hundred words, but not less than 50 cents in each case;

(7) taking bonds or other instruments of indemnity or security, 25 cents each:

(8) executing a writ of process to put a person in possession of real estate, $1;

(9) attending with prisoner on habeas corpus trial, for each day, $1;

(10) transporting each prisoner on habeas corpus or otherwise, when required, for every mile going and returning, 10 cents;

(11) advertising sale, $2 plus printer's charge;

(12) taking inventory of goods levied upon, to be charged only when the inventory is necessary, a sum fixed by the court not exceeding the actual reasonable cost of the same to he shown by vouchers;

(13) levying an execution on property, $2;

(14) on all money collected by him by order of a decree, execution, attachment, or any other process, the following sums:

(A) on the first $100 or less, 2%;
(B) on the second $100, 11,2%;
(C) on all sums between $200 and $1,000,1%; and

(D) on all sums in excess of $1,000, 12%;
(15) services in a criminal case except for the summoning of
witnesses, a sum to be fixed by the court not exceeding $25 where
conviction is for a misdemeanor, and not exceeding $100 where

conviction is for a felony. § 346. Fees for attempts to serve process

The following fees shall be charged for return on and mileage in attempts to serve process, or any order, judgment, or decree of the district court in civil cases:

(1) for each return, $1;

(2) for mileage going one way in attempting to serve or execute any process, order, judgment, or decree of the court, for each

mile traveled one way, 10 cents. $ 347. Fees of magistrates' courts in civil actions

(a) At the time of commencing a civil action in a magistrate's court, the plaintiff shall deposit a fee of $5. An intervener therein shall deposit at the time of appearance a fee of $3.

(b) The fees deposited under this section are full compensation for all services of the magistrate's court in the action, including the services of the magistrate and constable in filing of the complaint, service of process, and execution, except fees for furnishing copies of papers or records. § 348. Other fees of magistrates

(a) In addition to the fees prescribed by section 347 of this title, magistrates shall collect the following fees :

(1) administering oath upon an affidavit or other paper with certificate of oath, 25 cents;

(2) appeal, with proceedings taking bond, making and forwarding transcript of record, $i;

(3) each certificate not otherwise provided for, 25 cents;

(4) writing and certifying deposition, including the administration of oath to the witness, 65 cents per page of 250 words or fraction thereof for services of the reporter, and 25 cents per page for supervision and certification thereof by the magistrate;

(5) certified copies of a record of proceeding of which a person is entitled to receive a copy, 65 cents per page of 250 words or fraction thereof, and 30 cents per page for carbon copies. (b) Upon receiving payment of fees allowed to him by law, & magistrate shall render to the person or persons so paying an itemized account thereof. $ 349. Fees on appeals from magistrates' courts to district

court An appeal taken from a judgment rendered in a magistrate's court in a civil action is not effectual for any purpose unless, at the time of filing the notice of appeal, the appellant pays to the magistrato, in addition to the fee payable to the magistrato on appeal, a docket fee of $5 for filing the appeal and for placing the action on the calendar in the district court. Upon transmitting the papers on appeal, the magistrate shall transmit to the clerk of the district court the sum thus deposited for filing the appeal in the district court and for placing the action on the calendar. A notice of appeal may not be filed until the fees are paid as required by this section. 8 350. Jury fee

A party who demands a trial by jury in a civil action in the district court shall accompany the demand with a deposit of $10 as a jury fee. Unless the deposit is made, the case shall be tried without The intervention of a jury. $ 351. Fees fixed by rules of court

If it appears that services are required of clerks of court, marshals, magistrates, constables, or officers of a court, other than those for which specific fees are provided in this chapter, the district court shall by general rules provide for a scale of fees for those services proportionate to the fees provided in this chapter for similar services.

Subchapter III—Costs $ 371. Costs allowed in district court

In the district court, the party entitled to costs may recover the following costs and no others:

(1) for each witness necessarily produced by him, for each day's necessary attendance of the witness at the trial, the witness lawful fees;

(2) for each deposition lawfully taken by him, and produced in evidence, the actual cost of taking the deposition, but not to exceed $20;

(3) for original papers produced by him, nothing;

(4) for official copies of such papers, the lawful fees necessarily paid for obtaining the copies; and

(5) the lawful fees paid by him for the service of process

in the action, and all lawful clerk's fees paid by him. $ 372. Taxation of costs in district court

(a) A bill of costs shall be filed in the case and, upon allowance, included in the judgment or decree.

(b) Before å bill of costs is taxed, the party claiming an item of cost shall attach thereto an affidavit, made by himself or by his authorized attorney or agent having knowledge of the facts, that the item is correct and has been necessarily incurred in the case and that the services for which fees have been charged were actually and necessarily performed. 8 373. Party entitled to costs in magistrate's court

In a magistrate's court, costs shall ordinarily be allowed to the prevailing party as a matter of course, but for special reasons the court may adjudge that either party shall pay the costs of an action, or that the costs be divided as may be equitable. 8 374. Costs allowed in magistrate's court

In a magistrate's court, the party entitled to costs may recover the following costs, and no others:

(1) for each witness produced by him, for each day's necessary attendance at the trial, the witness' lawful fees;

(2) for each deposition lawfully taken by him and produced in evidence, the actual cost of taking the deposition, but not to exceed $20;

(3) for original papers produced by him, nothing;

(4) for official copies of such papers, the lawful fees necessary paid for obtaining the copies; and

(5) the lawful fees paid by him for the services of the magistrate's court in the action. 8 375. Taxation of costs in magistrate's court

(a) The magistrate may tax and include in the judgment the costs allowed by law to the prevailing party.

(b) The costs in a magistrate's court, if allowed, shall be taxed by the magistrate without the filing and service of a bill of costs as provided by section 372 of this title, and upon such information as the magistrate requires. $ 376. Costs on continuance

When an application is made to a court or master to postpone a trial, the payment of costs occasioned by the postponement may be imposed, in the discretion of the court or master, as a condition of granting the same.

$ 377. Costs on dismissal for want of jurisdiction

If an action is dismissed for want of jurisdiction, courts nevertheless may render judgment for costs as justice may require. $ 378. Costs in criminal actions in district court

(a) The costs in criminal actions shall be paid by the defendant in cases of appeal from a magistrate's court if the appeal is not prosecuted or if the appeal is prosecuted and the judgment of the magistrate is affirmed, and shall be paid in cases other than appeals from the magistrates' courts when a judgment of guilty is entered. (b) The costs shall be taxed as follows:

(1) fees for witnesses produced by the Government or the defense, as fixed by law;

(2) for a deposition of a witness for the defendant, $1;
(3) for issuing a warrant of arrest, 25 cents;

(4) for every adjournment of a trial on motion of the defendant, $2;

(5) for filing each paper required by law or pleading, 5 cents;

(6) for furnishing copies to the defendant of pleadings except the information, 15 cents per folio;

(7) for swearing each witness on trial, 10 cents;

(8) for a subpoena, including all the names contained therein, 25 cents, and in no case may more than six subpoenas be allowed for:

(9) for receiving and entering a judgment, 25 cents;
(10) for warrant of commitment on sentence, 75 cents;
(11) for record of conviction and filing the same, 75 cents;
(12) for a return of any writ of certiorari, 25 cents; and

(13) fee for services of the marshal as provided by item (15) of section 345 of this title.

Subchapter IV-Security for Costs § 391. Requirement of security for costs

(a) The plaintiff in a civil action or proceeding in the district court or in a magistrate's court may be required to give security for the costs upon motion of the opposing party or of an officer of the court interested in the costs accruing in the action or proceeding; and the court shall require the plaintiff to give security for costs within a reasonable time thereafter and not later than 10 days after the motion is presented to the court. If the plaintiff fails to comply with the order within the time prescribed by the court, the action or proceeding shall be dismissed.

(b) Magistrates may in all cases require a deposit of money or an undertaking, as security for costs of court, before issuing a slimmons. § 392. Form of security; new or additional undertaking

(a) The security for costs required by this subchapter may consist of a money deposit, bond of a surety company, or cost bond with two or more good and sufficient sureties. The form of the security shall be determined by the court before which the proceedings are pending. If personal security is furnished, the sureties must be residents of the Canal Zone, and an officer of the court or attorney practicing before the court may not be accepted as surety.

(b) Upon proof that the original undertaking is insufficient security, the court may order the giving of a new or additional undertaking within such time as the court prescribes. If the plaintiff fails to comply with the order within the time prescribed by the court, the proceedings shall be dismissed.

(c) All bonds given as security for costs shall authorize judgment against all of the obligors of the bonds, jointly and severally, for such costs, to be entered in the final judgment of the action or special proceeding. 8 393. Governmental exemptions

Security for costs may not be required of the United States, an agency thereof, an officer thereof who sues in his official capacity, or the public administrator. 8 394. Security by intervener or counterclaimant

This subchapter applies to an intervener. It also applies to a defendant who seeks a judgment against the plaintiff on a counterclaim, after the plaintiff has discontinued his action. 8 395. Costs secured by attachment or other bond

When the costs are secured by the provisions of an attachment or other bond, filed by the party required to give satisfactory security for costs, further security may not be required. CHAPTER 11-SURETY BONDS AND UNDERTAKINGS Sec 131. Undertakings or bonds; requisites. 482. Corporations as sureties. 433. Justification by corporate sureties. 434. Cash deposit in lieu of bond. 435. Copies of bonds. 436. Governmental exemption from bonds and undertakings. 437. Subrogation of surety to rights of Judgment creditor. 488. Enforcement of liability of surety. 439. Attorneys as sureties. 8 431. Undertakings or bonds; requisites

(a) When an undertaking or bond is authorized or required by a law of the Canal Zone, the officer taking it shall, except as provided by section 432 of this title, require the sureties to include with the undertaking an affidavit stating that each one is :

(1) a resident of the Canal Zone;

(2) worth the sum specified in the undertaking or bond, over and above all their just debts and liabilities, exclusive of property exempt from execution. (b) When an undertaking or bond is in an amount exceeding $2,000, the affidavit shall also state:

(1) the affiant's place of residence;

(2) a description sufficient for identification of property, real or personal, belonging to the affiant and relied upon by him as qualifying him on the bond or undertaking, and the nature of affiant's interest or estate therein;

(3) the affiant's best estimate of the actual cash value of each property;

(4) any charge or lien against the property, including the amount thereof, known to the affiant, whether of public record or not; and

(5) any other impediment or cloud known to the affiant on the free right of possession, use, benefit or enjoyment of the property. (c) When the amount specified in the undertaking or bond exceeds $3,000 and there are more than two sureties thereon, they may state in their affidavits that they are severally worth amounts less than that specified in the undertaking or bond, if the whole amount is equivalent to that of two sufficient sureties. A corporation covered by section 432 of this title may become solo surety in a bond.

(d) When an undertaking has been given and approved in an action or proceeding and it is thereafter made to appear to the satis

« 이전계속 »