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CHAPTER IX.

FEES OF OFFICERS AND JUSTICES.

1. The fees for precepts and services shall be as follows:

For every blank writ of attachment and summons thereon, or original summons, ten cents.

For every subpoena for one or more witnesses, ten

cents.

For the entry of an action, or filing a complaint in civil causes, including filing of papers, swearing of witnesses, examining, allowing, and taxing the bill of costs, and entering judgment and recording the same, thirty cents. For each continuance in a civil action, five cents.

For the trial of an issue, eighty cents; and when more than one day is used in the trial, two dollars for each day, after the first, actually employed.

For a copy of a record or other paper, at the rate of twelve cents a page.

For a writ of execution, fifteen cents.

For a recognizance to prosecute an appeal, including principal and surety, twenty cents.

For taking a deposition, affidavit, or disclosure of a trustee, in any cause not pending before himself, twenty cents; for writing the same with the caption, and for the notification to the parties and witnesses, at the rate of twelve cents a page; the justice who takes such affidavit, deposition, or disclosure, shall certify the fees of himself, of the witnesses, or party disclosing, and of the officers serving the notifications.

For taking a deposition in perpetual memory of the thing, the same fees as in taking other depositions.

Administering an oath in all cases, except on a trial or examination before himself, and to qualify town and parish officers, and a certificate thereof, twenty cents, whether administered to one or more persons at the same time. Taking the acknowledgment of a deed with one or more seals, if it is done at the same time, and certifying the same, seventeen cents.

Granting a warrant of appraisal in any case, and swearing appraisers, thirty-two cents.

For receiving a complaint, and issuing a warrant in criminal cases, fifty cents.

For entering a complaint in a criminal prosecution, swearing witnesses, rendering judgment, and recording the same; examining, allowing, and taxing the costs, and filing the papers, seventy-five cents.

Recognizing persons charged with crimes for their appearance at the supreme judicial court, and for certifying and returning the same, with or without sureties, twentyfive cents, to be paid by the person so recognizing.

For a mittimus for the commitment of any person on a criminal accusation, twenty-five cents.

In case of a bastardy process the fees may be charged as for like services in a criminal prosecution.

Recognizance of debt and recording, forty-two cents. Drawing a rule for submission to referees, and acknowledging the same, thirty-three cents.

Writ to remove a nuisance, thirty-three cents.

Calling a meeting of any corporation, fifty cents.

For an examination of a debtor under the laws for the relief of poor debtors, two dollars for each day employed in such examination; and this shall be full payment for all official services and expenses, in such examination, exclusive of travel. For travel on any official duty, twelve cents a mile one way.

And in all cases where the attendance of but two or more justices is required, each of them shall be entitled to the fees prescribed for all services rendered by him personally.1

2. Every ordained minister or justice of the peace, who lawfully solemnizes a marriage and certifies the same, shall be entitled to receive therefor one dollar and twenty-five cents.1a

3. Judges, municipal or police courts. Except when otherwise expressly provided, the fees of the judge of any municipal or police court, whether in civil or criminal proceedings, shall be taxed in the same manner and at the same rate as the fees of trial justices so far as applicable.

1 R. S. c. 116, § 2.-1a R. S. c. 116, § 18.

When any such judge receives a stated salary for his services from the treasury of any county, he shall account, under oath to the treasurer of said county, for all fees accruing to him in said capacity towards his salary, including ten cents for the blank writ in every action entered before him; and if such fees exceed the amount of his salary for any such quarter, the excess shall be by him paid over to such treasurer.2

4. Of sheriffs and their deputies. For the service of an original summons or scire-facias, either by reading or copy, or for the service of a capias or attachment with summons on one defendant, fifty cents; if served on more than one defendant, fifty cents more for each.

If the sheriff, or his deputy, by the written direction of the plaintiff, his agent or attorney, makes a special service of any writ of attachment by attaching property, he shall receive therefor seventy-five cents, including the summons thereon; and for taking the body on a capias, he shall be allowed fifty cents for each defendant on whom such writ is so served.

(a) An officer is not bound to make a special service of a writ, by attaching property, without written directions to that effect from the plaintiff, or his agent or attorney, notwithstanding the precept in the writ.3

Where the officer is by law directed to leave a copy, or gives a copy of any precept upon demand, he may charge at the rate of twelve cents a page, which, in the latter case, shall be paid by the party demanding the copy.

If real estate is attached, the officer may charge twentyfive cents for leaving with the register of deeds an attested copy of his return and other particulars, as required by law, and in lieu of travel, legal postage from the postoffice nearest the residence of the officer; and the usual rate of travel from the residence of such officer to said post-office; and he shall pay the register ten cents, and tax the same with his own fees.

For a bail-bond and writing the same, including principal and sureties, to be paid by the person admitted to bail, and taxed for him, if he should prevail, twenty

cents.

2 R. S. c. 116, § 3.3 Betts v. Norris, 15 Me. 468.

For the service of a subpoena in civil actions, a notice to an adverse party, or other process in which there is no command to make return thereof, twenty-five cents; and if by copy, at the rate of twelve cents a page for the copy; and travel as in other cases; and service on an adverse party, by giving him an attested copy of the notice in hand, shall be valid.

For levying and collecting executions in personal actions, for every dollar of the first one hundred dollars, three cents; for every dollar above one hundred, and not exceeding two hundred dollars, two cents; and for every dollar above two hundred dollars, one cent.

(b) If an execution is delivered to an officer, with instructions to call upon the debtor, and to return the execution to be discharged upon securing one-sixth part thereof, the officer is entitled to fees for his travel and on the amount secured.1

For serving a writ of possession, one dollar and ten cents; and if on more than one piece of land, seventy-five cents for each piece of land after the first; and the fees for levying and collecting the costs shall be the same as provided for executions in personal actions.

For serving an execution upon a judgment of court for partition of real estate, or assignment of dower, one dollar a day and four cents a mile from the officer's place of abode to the place of service. For service of petition to the legislature, thirty cents, and twelve cents for each page of сору, and usual travel.

For causing appraisers to be sworn, and making return of levy on real estate, fifty cents.

For each appraiser of real estate, for extending execution, or assigning dower, one dollar a day, and travel at the rate of four cents a mile going out and returning home, to be paid by the officer and charged in his return.

For advertising, to be sold on execution, a right in equity of redeeming mortgaged real estate in a public newspaper, such sum as he pays to the printer for such advertisement; and for writing and posting up notices of the sale of such equity in the town where the land lies, and in two adjoining towns, one dollar; and for making out a deed and return of the sale of such equity, one dollar.

When the estate or interest of any person, held by a

4 Pierce v. Deles dernier, 17 Me. 481.

possession or improvement, is seized and sold on execution, or the franchise or other property of a corporation, or the property of an individual, is sold on execution by a process similar thereto, and advertising in like manner, the officer shall be entitled to the same as in the sale of an equity of redemption.

The fees of the register of deeds for recording any levy upon real estate, or the deed of the officer for the sale of any real estate on execution, shall be taxed by the officer in his return; and it shall be the duty of every officer making a levy on real estate by appraisal, to cause the execution and his return thereon to be recorded by the register of deeds of the county where the land lies, within three months after such levy.

For the service of a warrant, the officer shall be entitled to fifty cents, and fifty cents for service of a mittimus to commit a person to jail or to the house of correction, and usual travel, with reasonable expenses incurred in the conveyance of such prisoner.

For each aid necessarily employed in criminal cases, including expenses, one dollar per day, and in that proportion for a longer or shorter time, and four cents a mile for travel in going out and returning home.

For the service of subpoenas in criminal cases, the fee shall be fifty cents; unless in special cases, when the court may increase the fees to what they judge reasonable.

For the officer's attending court, and keeping the prisoner in criminal cases, seventy-five cents for every twelve hours, and in that proportion for a greater or less time.

For travel for the service of any writ, warrant, execution, or other process, when not otherwise expressly provided by law, four cents a mile; the travel to be computed from the place of service to and from the place of return, by the usual way; but if the distance between those places is more than fifty miles, only one cent a mile shall be allowed for all travel exceeding that distance; only one travel shall be allowed for any one precept; but if the same is served on more than one person, the travel may be computed from the place of service most remote from the place of return, with all further necessary travel in serving such precept; and with all reasonable sums paid by the officer for boat hire, and crossing any tollbridge or ferry.

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