Summoning each witness, fifty cents. Serving an execution for debt, fifty cents. Selling property taken under execution, for each dollar, five cents. 33. [SEC. 778.] Constables for the parish of Orleans shall be Fees of Consta- entitled to demand and receive the following fees of office, and no bles in the par ish of Orleans. 1858-171. more, to wit: For serving citation, fifty cents. For serving notice of trial, fifty cents. For serving subpena, fifty cents, and attachment for witnesses, fifty cents. For serving a rule or motion, fifty cents. For serving notice of judgment, fifty cents. Return of fieri facias, no property found, fifty cents. For return of fieri facias, satisfied, one dollar. For levying fieri facias and making sale, five per cent.; however, no percentage shall be allowed to Constables on any money made on execution over and above the amount for which they may have a writ in their hands. For serving provisional seizure, one dollar. For serving attachment, bail writ, sequestration and injunction, each one dollar; For taking bond in any case, fifty cents. The Constable may be allowed whatever expenses he may necessarily incur in keeping property while under seizure, provided the same does not exceed one dollar a day. For serving notice of appeal, fifty cents. For all other process not hereinbefore provided for, fifty cents. 34. [SEC. 779.] In all cases before any Justice of the Peace of the State, where a writ or order of provisional seizure, attachment, only liable for sequestration, or final seizure has been issued, under which any first writ, where Vessel, steamer, or other water craft is being placed in the hands of Vessels, etc., costs under the more than one writ has issued any Constable, the said vessel, steamer or other water craft shall against them. Relative to keepers. 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. 35. [SEC. 780.] 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. Fees of Consta when demanda tiff. 36. [SEC. 781.] Three months after the institution of any suit, Constables in the parish of Orleans may demand their fees from the 1855-110. plaintiff or party by whom they are due, and upon failure to pay, bles in Orleans, the Justice may, after proof has been adduced of the correctness of ble from plainthe 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 ed from defendfrom collecting his fees from the defendant at any time, after judg- after judgment. ment against such defendant. FEES OF CORONER. May be collect ant at any time Fees of Coroner 37. [SEC. 782.] A Coroner shall receive for every inquest held, twenty-five dollars; For every viewing of a body in which no inquest 1868–204—s. 20. is held, five dollars; For every burial performed at his expense, twelve dollars; and for all other fees, including the swearing and qualifying of a jury, the administering of oaths, the returning of the proces verbal, and the summoning of witnesses, five dollars. TAXABLE COSTS. 1855-162. What shall be 38. [SEC. 750.] The costs of the Clerk, Sheriff, witnesses' fees, costs of taking depositions and copies of acts used on the trial, and deemed taxed all other costs allowed by the court, shall be taxed as costs. costs. 39. [SEC. 482.] It shall be the duty of every Clerk, upon the application of any person interested, to furnish such person with a 1855-50. specific bill of the taxed costs of suit; and any item of fees due the Clerk to furnish Clerk, that may be overcharged, shall be forfeited. Nothing contained in this section shall be construed as repealing the laws of this State punishing Clerks for extortion in office. a specific bill of when required. the taxed costs 40. [SEC. 747.] In any suit or proceeding where a fee or compensation is involved, it shall be allowed to either party to pray for 1855-162. be tried by jury. a trial by jury, whether the fee or compensation be claimed from an Suits for fees to insolvent estate or a succession, whether by way of opposition or otherwise. ILLEGAL CHARGES. 41. [SEC. 12. If any Clerk, Sheriff, Recorder or Notary Public in the State shall presume to demand and collect any other or 1870–161. greater fees than are particularly and specially herein set forth, he Penalty for deshall be deemed guilty of a misdemeanor, and, on conviction thereof, fees. manding illegal his office, from the date of conviction, shall be deemed vacant, ipso facto, and be filled as provided by law for filling vacancies in such offices; and he shall be decreed, in addition, to refund any amount he may have collected in excess of his legal fees, and be further fined in the sum of not less than fifty nor more than one hundred dollars for each overcharge, at the discretion of the court, for the use of the parish. This fine may be sued for by the Police Jury of the parish, or any person aggrieved, for the use of the parish, independent of the prosecution for misdemeanor, in any court having jurisdiction; but the fine shall not be assessed but once in each case, and the civil suit shall not bar the criminal proceeding provided for in this section. |