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MISCELLANEOUS PROVISIONS.

be exhibited.

Sec. 22. The secretary of state shall keep an account of all Account of fees

to be kept. fees received in his office and shall settle an account for the same with the comptroller once in every three months, and pay the amount into the state treasury. Sec. 23. The fees allowed for services rendered by the county Disposition of

probate judges? judge, as judge of probate, shall not be for his own use, but for the fees. use of his county. The clerk of the probate court shall be bound to collect them in the same manner as his own fees, and keep in a book provided for the purpose, a full and accurate account of which he shall settle once in each month, with the county auditor, and pay the amount in his hands into the county treasury. The accounts of the clerks shall at all times be open to inspection by any county officer, or by any party interested. The county treasurer shall keep under a separate head an account of all moneys paid into the treasury by the county clerk as fees.

Sec. 24. Every officer whose fees are herein ascertained shall pub- Table of fees to lish and set up in his office a fair table of his fees, according to this act, within six months after the passage thereof, in some conspicuous place for the inspection of all persons who have business in his office, upon pain of forfeiting for each day a sum not exceeding twenty dollars, which may be recovered by any person by action before any justice of the peace of the same county. Sec. 25. The fees allowed by this act shall be payable at the time Fees, when

payable. the service is rendered ; and any officer, where it is not otherwise expressly provided by law, may refuse to perform any service in any suit or proceeding in which there are any fees due (criminal proceed.

excepted) from the persons applying, until such fees are paid. Sec. 26. When by law any publication is required to be made by Cost of

publication. any officer of any writ, process, notice, order, or other paper, the costs of such publication shall be first tendered by the party for whom such process or order was granted, before the officer shall be compelled to make publication thereof.

Sec. 27. If any clerk, sheriff, justice of the peace, or constable, Execution for shall not have received any fees which may be due him for services rendered in any suit or proceeding, he may have execution thereof in his own name against the party from whom they are due, to be issued from the court in which the action is pending.

Sec. 28. The secretary of state, treasurer, comptroller, and attor- Certain officers ney general, shall be authorized to require searches in the respective searches, etc., offices, of each other, and in the offices of the clerk of the supreme

fees.

without fees.

Folio defined.

not entitled

Officers to deliver account of fees.

No fee for oath of office.

court, of the several district courts, of the county courts, or recorders of deeds, for any papers, records, or documents necessary to the discharge of the duties of their respective offices, and to require copies thereof, and extracts therefrom, without the payment of any fee or charge whatever.

Sec. 29. The term folio, when used as a measure for computing fees or compensation, shall be construed to mean one hundred words, counting every figure necessarily used as a word; and any portion of a folio, when in the whole draft or paper there shall not be a complete folio, and when there shall be any excess over the last folio shall be

computed as a folio. Attorneys, etc.

Sec. 30. No attorney or counsellor at law in any cause shall be to witnesses' fees. allowed any fee for attending as a witness in such cause.

Sec. 31. Every officer, upon receiving any fees for any official duty or service, shall, if required by the person paying the same, make out in writing and deliver to such person, particular account of such fees, specifying for what they respectively accrued — and shall receipt the same; and if he refuse or neglect to do so, he shall be liable to the party paying the same for three times the amount paid.

Sec. 32. No fee shall be charged by any officer for administering the oath of office.

Sec. 33. When a fee is allowed to one officer, the same fee shall be performed

allowed to the other officers, for the performance of the same services, specified.

when such officers are by law authorized to perform such services, and

the compensation is not specially fixed. Attorney

Sec. 34. The attorney general, or any district attorney, is authorgeneral, etc. may subpoena ized to cause subpænas to be issued, and compel the attendance of witpaying fees. nesses on behalf of the state, without paying or tendering fees in ad

vance; and any witness failing or neglecting to attend, after being served with a subpæna, may be proceeded against, and shall be liable in the same manner as provided by law in other cases, when fees have

been tendered or paid. Certificates Sec. 35. The clerk of any court at which any witness shall have

attended on behalf of the state in a civil action, shall give to such witness a certificate of travel and attendance, which shall entitle him to receive the same from the county treasurer.

Sec. 36. The provisions of the two preceding sections of this act of preceding provisions. shall extend to all actions and proceedings brought in the name of the

attorney general, or any person or persons, for the benefit of the state.

Sec. 37. For all services required by law to be performed by any clerks, sheriffs, and coroners,

clerk, sheriff, or coroner, for which no compensation is provided by provided for. this act, such fees shall be allowed as shall from time to time be estab

Fees for services

by officers not

witnesses without

to witnesses subpoenaed on behalf of the state.

Extension

Fees to

not herein

lished by the supreme court, by general rules corresponding as near as may be with the rates herein specified.

Sec. 38. The fees of office allowable to the officers hereinafter Fees in certain named in the counties of San Diego, Los Angeles, Santa Barbara, San Luis Obispo, Santa Clara, Santa Cruz, Solano, Napa, Sonoma, Marin, Mendocino, Contra Costa, and Monterey, shall be as follows:

counties.

FEES OF THE COUNTY AUDITOR. (1) Sec. 39. The county auditor shall receive for his services such To county compensation as may be just, to be determined by the court of sessions of the county, or the board of supervisors of the county.

auditor.

FEES OF NOTARIES PUBLIC.

Sec. 40. For drawing and copying of every protest for the non- To notaries. payment of a promissory note, or for the non-payment or non-acceptance of a bill of exchange, order, draft, or check, two dollars. For drawing and serving every notice of the non-payment of a promissory note, or of the non-payment or non-acceptance of a bill of exchange, order, draft, or check, when personal service is made, two dollars ; but when service is made by depositing such notice in the post office, fifty cents. For recovering every protest, one dollar. For drawing an affidavit, or other paper for which provision is not herein made, for each folio, forty cents. For copies of affidavits or other papers, for each folio of one hundred words, forty cents. For taking an acknowledgment of a deed or other instrument, one dollar for each signature. For administering an oath or affirmation, one dollar.

FEES OF THE CLERK OF THE DISTRICT COURT. (2) Sec. 41. For issuing any writ or process, one dollar. For filing To clerk of

district court. every paper, fifty cents. For entering an appearance, discontinuance, dismissal, or default, one dollar. For entering every motion, rule, or order, for every folio, forty cents. For every certificate, fifty cents, but not to be allowed for certifying any paper to be a copy, for the copying of which he shall be paid. For calling and swearing a jury, one dollar. For swearing each witness in the progress of the trial, or in open court, forty cents. For entering each cause in a calendar for the court, and making a copy thereof for the bar, twenty-five cents. For entering every cause without process, fifty cents. For

(1) For fees of, under revenue law, see ante, chap. 127, sec. 54.
(2) For fees for naturalization of forcigners, see post, chap. 132.

receiving and entering a verdict, one dollar. For entering every judg. ment, or order, for each folio, forty cents. For entering every cause in his docket, fifty cents. For entering satisfaction of judgment, fifty cents. For a copy of any

record or

paper, for each folio, forty cents. For searching the records and files in his office, one dollar ; but no charge shall be made against suitors and attorneys. For administering an oath or affirmation, and certifying same, fifty cents. For issuing a commission to take testimony, one dollar. For taking acknowledgment of deeds, or other instrument, for each signature, one dollar. For a transcript of judgment, fifty cents. For taking down testimony, thirty cents.

FEES OF THE CLERK OF THE COUNTY COURT.

To clerk of county court

Sec. 42. For filing all the papers sent at any one time from a justices' court, fifty cents. For other services, the same fces as are al. lowed in the district court for similar services.

FEES OF THE CLERK OF THE COURT OF SESSIONS.

To clerk of sessions.

Sec. 43. When the court of sessions is sitting as a court of crimi. nal jurisdiction, the clerk of said court shall receive for his services eight dollars per day, and no other compensation. For services when attending the court of sessions, whilst sitting for the transaction of county business, the clerk shall receive the same fees as are allowed to the clerk of the district court for similar services. For transcript of judgment, fifty cents.

FEES OF THE CLERK OF THE PROBATE COURT.

To probate clerk. Sec. 44. For entering an order or judgment, or drawing letters

testamentary or of administration, or a certificate of the appointment of appraisers, guardians, or commissioners, for each folio, forty cents. For each notice given by posting, fifty cents. For each notice given by publication, fifty cents, besides the expenses of the publication. For all other services, the same fees which are allowed to the clerk of the district court for similar services.

FEES OF THE COUNTY RECORDER.

To county recorder.

Sec. 45. For recording any instrument, paper, or notice, and for copies of any records, papers, or notices, when requested, for each folio, forty cents. For noting in any instrument recorded, the time when and the place where recorded, fifty cents. For filing every notice, or other paper when required, and entering thereon a minute

of the time filed, fifty cents. For making in the indexes the several
entries of the instruments, papers, and notices required by law to be
indexed, for every such instrument, paper, and notice, fifty cents.
For
every

certificate attached to copies of records and papers in his office, when such copies are required, fifty cents. For every entry of a discharge of a mortgage on the margin of the record, one dollar. For searching records and files in his office, for each year for which the search is made, fifty cents. For recording any instrument, paper, or notice, in the Spanish language, and for copies of such instruments, papers, and notices, for every folio, fifty cents. For taking the acknowledgment or proof of any instrument, paper, or notice, which may be by law recorded, one dollar for each signature. For recording any map or town lot, such price to be charged as may be agreed upon between the parties, but in no case to exceed five dollars.

FEES OF COMMISSIONERS TO TAKE TESTIMONY.

sioners.

Sec. 46. For taking depositions, for each folio, forty cents. For To commisadministering an oath or affirmation, fifty cents. For certificate to the deposition, one dollar.

FEES OF PROBATE JUDGE. Sec. 47. For every order or judgment, when not contested, one To probate judge. dollar; when contested, two dollars.

Sec. 48. The fees allowed for services rendered by the county judge, The like. as probate judge, shall be collected by the county clerk, who shall keep a full and accurate account of the same in a book kept separate and apart for that purpose. The county clerk shall make a settlement at least once a month with the county treasurer of the fees thus col. lected, and pay the amount in his hands into the county treasury. His accounts shall always be open to inspection by any county officers, or any person who may be interested therein. The county treasurer, in a book kept specially for that purpose, shall keep a full account of all moneys thus received, which shall constitute a separate and distinct fund, and so much thereof as may be

necessary for that

purpose

shall be applied to the payment of the salary of the county judge, and the residue, if any, shall be paid into the county treasury, and it shall be a misdemeanor for a probate judge to receive any fees to his own use, except in such manner as is prescribed in this section.

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