(c) The travel is to be computed "by the usual way," whether the officer in fact travels a more or a less distant way for convenience.5

No charge of any such officer for service, travel, or expenses paid, shall be allowed, unless the items thereof are expressly stated, and the amount of each; and no fees for constructive travel shall be allowed him for the service of a subpoena, notice to an adverse party, or other process in which there is no command to make return thereof.

For distributing venires for jurors, eight cents each; treasurer's warrants, twenty-five cents each; for proclamations of all kinds, five cents each.

For transmitting to the selectmen of towns precepts from the governor for calling special meetings for the election of representatives to congress from any district, with copies of the lists of persons previously voted for, for each town, fifty cents.

For each day's attendance by the sheriff on the supreme judicial court, three dollars, to be paid from the county treasury.

For every deputy-sheriff, when ordered to attend said court, two dollars a day, from the county treasury. The sheriff, at its opening, shall present to the court a list of the officers attending, with a statement of the duties of each; and the court shall determine the number necessary, and disallow charges for others.

For servicés under the provisions of law for the relief of poor debtors, as follows: taking a debtor before a justice or justices for disclosure, travel as in service of a writ, and attendance, twenty-five cents; for a bail or other bond, twenty-five cents; and for re-commitment of a prisoner when remanded, twenty-five cents, and no dollarage or commission shall be allowed to the officer for an arrest or commitment upon execution or mesne process, except upon the money actually collected; for arresting a debtor on execution, when he discloses without giving bond, fifty cents, travel as aforesaid; for keeping him, one dollar a day for himself and each necessary aid; for notifying the creditor and justices, twenty-five cents each, and travel as aforesaid; and no officer is required to arrest a debtor on execution, unless a written

4 Pierce v. Deles dernier, 17 Me. 431.

direction to do so, signed by the creditor or his attorney, is indorsed thereon, and a reasonable sum for such fees is paid or secured to him, for which he shall account to the creditor as for money collected on execution.

5. For notifying bail, the usual fee for the service of a writ, and for travel from the dwelling-house of the officer to the dwelling-house of the bail."

6. For attendance before a justice for the purpose of receiving surrender of the principal by the bail, the same fees as for arresting and committing a defendant on mesne process.8

7. The clerk shall be entitled to two dollars for recording the petition and proceedings contemplated by R. S. c. 81, §§ 67-73, for the vacation of attachments, and making the copy and certificate; the register of deeds, seventyfive cents for recording the same; and the officer or clerk, twenty cents for each filing and necessary certificate thereof; and the party finally prevailing in the suit shall recover the costs of these proceedings, taxed as costs of court in other cases, and certified by such justice, and execution shall issue therefor.9

8. Of Coroners. Coroners shall be entitled to the same fees as sheriffs for similar services, except where otherwise expressly provided.

They may receive for attending in court, in every trial where the sheriff is concerned, twenty-five cents, and the same for attending the jury therein.

10

9. The fees for taking inquests on dead bodies shall be as follows, to be certified in the coroner's return, and paid out of the county treasury:

To the coroner, for granting a warrant and taking an inquest on one body, one dollar; if on more than one at the same time, whose death was caused by the same means, twenty cents for each body after the first, and ten cents a mile for travel from his residence to the place of inquest.

To the jurymen, seventy-five cents each for each day's attendance, and four cents a mile for travel each way.

R. S. c. 116, § 5; Public Laws of 1872, c. 60.-7 R. S. c. 85, § 6.-8 R. S. c. 85, § 14.9 R. S. c. 81, § 73.-10 R. S. c. 116, § 6.

To the constable, for his travel and attendance and expenses in summoning a jury, ninety cents a day."

10. Of Constables. The fees of constables for the service, travel, and return of each venire, shall be one dollar and fifty cents, to be paid out of the county treasury; and for services which may be performed either by a deputy-sheriff or a constable, the constable shall be allowed the same fees as a deputy-sheriff, unless otherwise provided by law.12

11. Of Jailers. The jailer's fees for the commitment or discharge of a prisoner shall be twenty cents; and for the entire support of each prisoner of every description committed to his custody, such sum, not exceeding at the rate of three dollars a week, as the county commissioners judge reasonable.18

12. Payment of Fines, Costs, &c. All fines, forfeitures, and costs, by law enuring to the State, shall be paid into the treasury of the county in which the offense is prosecuted, for the use of such county, and all the costs and expenses attending the administration of criminal justice shall be paid by the county in which the prosecution is made, and shall be audited and examined in the same manner as other county expenses are, but it shall be the duty of the Supreme Judicial Court to allow bills of cost as authorized by law. The clerk of the courts in the several counties shall attest duplicate copies of all bills of costs allowed by said courts, and certificates of all fines and forfeitures imposed and accruing to the county before the rising thereof, or as soon thereafter as may be, and deliver one of said copies and certificates to the .county treasurer, and retain one himself for the use of the county commissioners. Each county treasurer, at the close of the terms of the said courts and of the county commissioners in his county, shall cause to be published in some paper printed in said county three weeks successively a list containing the aggregate amount of cost allowed in each case, specifying the court or magistrate that allowed the same, and before whom the case originated.14

11 R. S. c. 116, § 7.-12 R. S. c. 116, § 8.-13 R. S. c. 116, § 9.-14 Public Laws of 1872, c. 50, and Public Laws of 1858, c. 41.

CHAPTER X.

RETURN OF THE WRIT.

(a) When a writ has been served in one of the modes prescribed, the officer should, on or before the return day, make his written return upon it, containing a minute statement of his "doings thereon." His duty is not complete until he has delivered the writ with his return on it, at the clerk's office or to the magistrate before whom it is made returnable. It is the practice in many places to return the writ to the attorney who made it; but such will not exonerate the officer from liability if the writ should fail to be entered.

(b) The return of an officer must be explicit, and specify all the facts necessary to show that the process has been legally served; and while the language must be intelligible, absolute technical precision is not required.1

(c) The essential facts stated in an officer's return upon a writ which he had authority to serve, are conclusive upon all when the officer is not a party; and they cannot be contradicted except in an action against him for a false return; 2 but the return is not conclusive as to collateral facts therein stated which are not essential to be returned.3

(d) An officer cannot falsify his return to protect himself; 4 but he may, after his term of office has expired, amend his return in accordance with the truth, when the rights of third persons, acquired in good faith, do not intervene.5

(e) An officer should write his return as soon as the service is made, that, in case of his death, the service may be of record. Otherwise important attachments must depend upon the life of almost every attaching officer; and the failure might be considered a loss through his neglect, for which his estate would be responsible."

1. As before seen, officers are under the same obligation to serve, execute, and return all processes in their hands, when for any cause they cease to hold such office, as before.

1 Howe's Pr. 193; Stanley v. Stanley, 26 Me. 191.-2 Stinson v. Snow, 10 Me. 263; Grover v. Grover, 31 Me. 546: Darling v. Dodge, 36 Me. 370.-3 Bicknell v. Hill, 33 Me. 297.4 Simmons v. Bradford, 15 Mass. 82.-5 Glidden v. Philbrick, 56 Me. 222.6 Howe's Pr. 194, 195; Ingersoll v. Sawyer, 2 Pick. 276.-7 R. S. c. 80, $10.

(f) FORM OF RETURNS ON ORIGINAL WRITS.

1. By reading.

ORIGINAL SUMMONS.

[Name of county], ss., [date].

By virtue of the within writ I have summoned the withinnamed [defendant] for his appearance at court by reading to him this writ. SAMUEL SHARP, Deputy-sheriff.

FEES. Service,

.50

[Name of county], ss., [date].

By virtue of the within writ I have summoned the withinnamed [defendant] for his appearance at court by giving to him in hand [or by leaving at his dwelling-house or place of last and usual abode, as the case may be], a certified copy of this writ. SAMUEL SHARP, Deputy-sheriff.

FEES. Service,

.50 Travel, 1 mile, .08

-.58

The same forms may be used in the service of writs of review and scire-facias when they contain no order for attachment.8

When a defendant in review is not an inhabitant of or found within the State, the writ of review may be served on his attorney in the original suit.

WRIT OF REVIEW.

3. On an attorney, by reading. [Name of county], ss., [date].

By virtue of the within writ I have summoned the withinnamed [defendant] as within commanded, by reading this writ aloud to Charles Mann, the attorney of the said [defendant] in the original suit. SAMUEL SHARP, Deputy-sheriff.

FEES, &c.

4. By copy.

[Name of county], ss., [date].

By virtue of the within writ I have summoned the withinnamed [defendant] as within commanded, by delivering to [or leaving at the place of last and usual abode of] Charles Mann, the attorney of the said [defendant] in the original suit, an attested copy of the within writ.

FEES, &c.

SAMUEL SHARP, Deputy-sheriff.

8 R. S. c. 81, §§ 4 and 16; c. 89, §§ 8 and 9.—9 R. S. c. 89, § 8.