for every one hundred words; provided, that the costs of the clerk of the Supreme Court shall, in no criminal case, exceed the sum of ten dollars (Act 122, 1855, 162). Graduates of the Law Department of the University of Louisiana must obtain license from Supreme Court, and clerk is authorized to charge therefor. Diploma is not equivalent of license. In matter of Villere, 33 An. 998. Act 24, 1872, p. 71. AN ACT to regulate the payment of the costs of appeals to the Supreme Court. SECTION 1. That in all cases of appeal to the Supreme Court the party appellant shall be primarily liable for all costs occasioned by said appeal, and the party plaintiff, if appellee. shall never be called on to pay said costs unless he shall have been condemned therefor by judgment on said appeal. SEC. 2. That the clerk of the court from which an appeal is taken shall not be required to deliver the transcript of the record of the case before his fees for preparing the same have been paid. SEC. 3. That all laws or parts of laws in conflict with or contrary to the provisions of this act be and the same are hereby repealed. SEC. 4. That this act shall take effect from and after its passage. 757. Superseded by Act 101, 1870, Sec. 1, which in turn was superseded by Act 99, 1876, Sec. 1; printed infra, this title, p. 170. 758-761. Superseded by Act 99, 1876, Secs. 2 to 5 (in order named); printed infra, this title, p. 171. 762-763. Superseded by Act 101, 1870, Sec. 2; printed infra, this title, p. 168. 764. Superseded by Act 101, 1870, Sec. 3, which, in turn, was superseded by Act 99, 1876, Sec. 6; printed infra, this title, p. 171. 765. Compensation of clerk and sheriff in criminal matters. Superseded by Const. Arts. 119, 121. 766-768. Superseded by Act 101, 1870, Sec. 2; printed infra, this title, p. 168. 769. Proceedings necessary to send lunatics or insane persons to the insane asylum. See Sec. 1768. 770. Superseded by Act 101, 1870, Sec. 10; printed infra, this title, p. 169. 771. Superseded by Act 136, 1880, Secs. 17, 18; printed infra, this title, p. 180. 772. Fee for recording births and deaths. See Sec. 348. 773. Fee for recording marks, etc., of animals, etc. See Sec. 385. 774. Fee of recorder for bonds taken, approved and copy thereof. See Sec. 353. See Act 101, 1870. Printed infra, this title, p. 167. 775. Fees of Justices of the Peace.-Justices of the peace shall be entitled to demand the following fees, to-wit: For each order issued on the demand of the party, fifty cents. For rendering judgment by default, fifty cents. For rendering a final judgment, one dollar. For administering an oath when the affidavit is written, and signing the same, twenty-five cents. For administering an oath and writing the same, for every twenty words, twelve and a half cents. For filing petition, answer, or answer to interrogatories, each twenty-five cents. For citation or process to compel appearance, fifty cents. For filing the same when returned and noticing return, twelve and a half cents. For summons for witness, twelve and a half cents. For entering judgment in each case, fifty cents. For receiving and entering return on attachment, twelve and a half cents. For entering satisfaction on judgment, twenty-five cents. For issuing fieri facias, one dollar and seventy-five cents. For filing fieri facias when returned and recording return, twentyfive cents. For issuing a warrant in a criminal prosecution, one dollar. For taking their deposition and writing the same, twenty-five cents each. For examination of the party and writing the same, one dollar. For taking the recognizance of the party or the witnesses in the cases directed by law, twenty-five cents. Act 7, E. S. 1877. Fees in criminal cases. Printed infra, this title. 776. In New Orleans, party bound over to keep the peace shall pay costs; but where complaint is frivolous, etc., complainant shall pay them. See Sec. 1046. 777. Fees of Constables.-The constables throughout the State shall be entitled to demand the following fees: For serving a State warrant, to be paid by the parish, fifty cents. Serving an execution for debt, fifty cents. Selling property taken under execution, for each dollar, five cents. For conveying a prisoner to jail, one dollar. Serving attachment, fifty cents (Act 122, 1855, 162). Act 7, E. S. 1877. Fees in criminal cases. Printed infra, this title, p. 173. 778. Superseded by Act 136, 1880, Secs. 33, 34; printed infra, this title, p. 183. 779. Liability of Vessels for Cost, etc.-In all cases before any justice of the peace of the State, where a writ or order of provisional seizure, attachment, sequestration, or final seizure, has been issued, under which any vessel, steamer, or other water craft, is being placed in the hands of any constable, the said vessel, steamer, or other water craft, shall not be subject to any other costs than those accrued on the first writ so issued; and any other writ or order of provisional seizure, attachment, or final seizure, shall be levied on the first writ or order in the hands of the said constable without any other costs whatever (Act 245, 1858, 171). 780. Number of Keepers for Vessel.-So long as any vessel, steamer, or other water craft, shall remain in the hands of the constable, the court shall not allow costs for more than one or two keepers, if the case require it, and the costs of said keeping, in case of the dissolution of the writ or order under which the vessel, steamer, or water craft, was seized, shall be borne in proportion by the parties having wrongfully prayed for the same. 781. Fees of Constables in New Orleans, How Collected.Three months after the institution of any suit, constables in the parish of Orleans may demand their fees from the plaintiff or party by whom they are due, and upon failure to pay, the justice may, after proof has been adduced of the correctness of the account contradictorily with the party against whom the motion is made, issue a fieri facias in favor of the constable; but nothing herein contained shall be so construed as to prevent any constable from collecting his fees from the defendant at any time after judgment against such defendant (Act 106, 1855, 110). Act 136, 1880, Secs. 33, 34, 35, printed infra, this titie, p. 183. 782. Fees of coroner. See Sec. 668. 783. Superseded by Act 101, 1870, Sec. 12; printed infra, this title, p. 170. COSTS AND FEES UNDER FOLLOWING ACTS. Act 101, 1870, p. 162. AN ACT to define and regulate the costs of the Clerks, Sheriffs, Recorders, and Notaries Public throughout the State of Louisiana, and providing forfeitures and penalties for overcharging or failing to perform their duties, and the mode of collecting their fees. SECTION 1. Superseded by Act 99, 1876, Sec. 1, printed infra, p. 170. SEC. 2. That the sheriffs throughout the State shall be entitled to demand and receive the following fees of office and no more, to-wit: For every conservatory writ issued in civil causes, two dollars, including the return of the writ. For serving citation and petition on each defendant and return, two ($2) dollars; for serving subpena on each witness and return, fifty (50) cents; for keeping personal property under attachment, or otherwise legally in the hands of the sheriffs, to be fixed by the court after notice to the parties or their attorneys to the suit; for taking bond in all cases, civil or criminal, when by law the sheriff is required to take bond, one ($1) dollar. For making an actual levee on property under an execution, and return of money made without sale, two ($2) and mileage; for return of execution, no property found, one ($1) dollar and mileage; for levying executions or order of seizure and making sale, for the first five hundred dollars, two per cent.; for each one hundred dollars, over the first five hundred to one thousand dollars, one per cent.; for all sums after the first one thousand dollars, one-half of one per cent., provided that no percentage shall be allowed to the sheriff on any moneys made on such executions or order of seizure over and above the amount coming to the party causing the execution or order of seizure to issue; and in this case no allowance shall be made for the proces verbal of sale or the return on the writ; for each conveyance of land sold under execution or order of seizure and sale, whether including one or more adjudications, two dollars; for serving summons for contempt and bringing the party into court, one dollar; for empanelling and calling petit jury in civil cases, two dollars, and in criminal causes, one dollar; for serving venire for petit jury, in civil causes only, to be charged but once in each case, and only in cases in which a jury is called, one dollar; and in criminal causes fifty cents shall be allowed for each summons to a juror; for serving a writ of habeas corpus and return, two dollars, in civil casesno charge to be made in criminal cases; for notifying creditors of insolvent debtors to attend meetings, each twenty-five cents; for attendance in the Supreme Court, five dollars per day. For attendance on the District and Parish Court, five dollars per day, to be paid on the warrant of the judges of such courts, out of the parish treasury, except in the parish of Orleans. For keeping and maintaining prisoners in jail, per day sixty cents, and for receiving in and discharging from the parish prison, one dollar shall be allowed; the sheriff shall also be allowed the actual cost incurred for fuel, lights, necessary clothing for the prisoners and repairs to prison, upon the approval of the District Judge. For executing any person sentenced to capital punishment, to be paid by the parish, fifty dollars. For serving any order of court not otherwise provided for, fifty cents. For advertising any sale made by the sheriff, when done in writing, and posting up the same, for each offering, ten cents for each hundred words, and twenty-five cents for posting them up. The sheriffs, coroners and constables, the parish of Orleans excepted, shall be entitled to receive ten cents for every mile they may actually and necessarily travel, in going to and returning from the service of any process, and in no case shall mileage be allowed for a greater distance than the place of residence of the person on whom the process was served, and when the return of such services is illegal or erroneous, no charge shall be made therefor. The sheriffs shall be allowed a commission on all sums under five hundred dollars of two per cent., and one per cent. on all sums above five hundred dollars collected by them under a writ of fieri facias, or order of seizure or other writ, when made without a sale. That the sheriffs throughout the State shall be entitled to demand for transportation of prisoners, for mileage, ten cents for each mile which they may necessarily travel, both in going and returning, and for the expense of each prisoner conveyed as aforesaid, he shall receive five cents per mile for going only. That no sum shall be paid for any services as specified in the preceding paragraph, unless his account shall name the prisoners so conveyed, and when certified by the judge as regards the distance, shall be paid on the warrant of the judge of the court sentencing the prisoners. That the distance for which sheriffs are to be paid is to be computed from the jail of the parish from which the prisoner was removed to the jail or penitentiary in the State to which the sheriff was ordered to conduct such prisoners, and where they did actually deliver them. When the prisoner is arrested in the parish and is conveyed to the jail of such parish, no mileage is to be charged. SEC. 3. Superseded by Act 99, 1876, Sec. 1, printed infra, p. 170. SEC. 4. That the sheriffs throughout the State shall, whenever they return a paper or process of any kind into court or the clerk's office, endorse thereon the specified items of fees claimed by them that may have accrued on the process or paper, and in default thereof, or if such fees are overcharged, the same shall be forfeited and the sheriff forever be barred from collecting the item of fees so omitted or overcharged. SEC. 5. Superseded by Act 99, 1876, Sec. 7, printed infra, 172. SEC. 6. That the clerks of the court shall endorse upon or annex to all writs of execution and orders of seizure issued by him, specific bills of cost. SEC. 7. Superseded by Act 99, 1876, Sec. 8, printed infra, 173. SEC. 8. That it shall be the duty of the clerk of the court to take good security for the cost in every case where the costs are not paid in advance, before filing the suit. SEC. 9. That no person shall be bound to pay any costs or fees until the officer claiming the same shall deliver to the person against whom the fees may be charged, an explicit fee bill, stating in detail the separate items of such fees, signed with the officer's name in full officially, and on payment the officer shall be bound to give a receipt on said fee bill, if so required; that the amount required to be deposited on filing the suit, by the provisions of this act, shall be credited by the clerk and sheriff on their bills of costs in the case, and for the overplus, if any, execution shall issue when it becomes necessary to issue execution therefor. SEC. 10. That the recorders and notaries public shall be entitled to demand and receive at the time the services may be performed, the following fees of office, and no more, and that they shall not be entitled to charge for any other services they may perform or be required to perform as recorders and notaries public: For writing original acts of any kind, including recording the same, per hundred words, twenty cents. When an act notarial in form is written out by some other party and passed before the recorder or notary public as a notarial act, the fees shall be twenty five cents for passing the act, and ten cents for every hundred words for recording the same; for every necessary certificate and seal to every notarial act, twenty-five cents; and no notarial act shall have more than one certificate and seal; for making copies of all official documents, ten cents for every hundred words; for certificate and seal to every copy, twenty-five cents; for proving up an act under private signature, twenty-five cents; for recording an act under private signature, ten cents for every hundred words, and twentyfive cents for the certificate and seal showing the recording thereof; for certificates of mortgages, with seal, one dollar, and for every hundred words after the four hundred, twenty cents; for canceling mortgages, with certificates and seal thereof, one dollar; the parties in the notarial act may, by written clause in the act dispense with the certificate of mortgage required by article three thousand three hundred and twenty-eight of the Civil Code, and, in such cases, the recorder or notary public shall not be entitled to charge for such certificate; for fixing seals on effects of deceased persons, two dollars; for swearing each appraiser or expert, twenty-five cents; for recording acts passed before other notaries public, ten cents for every hundred words, and twenty-five cents for the certificate and seal, provided there is not over one certificate and seal; for making inventories of successions or other property out of office, fifty cents per hour, provided not more than twelve hours per day shall be charged, together with twenty cents per hundred words for the proces verbal of the inventory, and recording it, and twenty-five cents for the certificate and seal thereon; for making inventories in office there shall only be charged twenty cents for every hundred words for taking and recording the same, and twentyfive cents for the certificate and seal; for making partitions, twenty cents for every hundred words, including recording the same, and twenty-five cents for the certificate and seal. SEC. 11. That it shall be the duty of the recorder or the notary public, if required by the person having the services performed, as described in the foregoing section of this act, to give a detailed fee bill, receipted, to such person, on his paying the fees for all services performed, which shall be evidence of pay ment. |