County recorder. Commissioners. Probate judge. Sheriff XXIV. FEES IN SAN FRANCISCO CITY AND COUNTY. An Act to regulate fees of office. Approved April 10, 1855, 81. [SECTIONS 1 to 40, inclusive, given before, relate to other counties.] 2986. SEO. 41. In the County of San Francisco the fees of office shall be as prescribed in this act, from section forty-first to section fifty-ninth inclusive, for the officers named in such part of this act, and all provisions contained in such part of this act, shall apply to said officers in the County of San Francisco. [SECS. 42, 43, 44, and 45 (relating to the fees of the clerks of the district courts, superior court, county court, court of sessions, and probate court), were virtually repealed by the act of April 22, 1858, given further along.] 2987. SEC. 46. The fees of the county recorder shall be as follows: For recording any instrument, paper or notice, and for copies of any records, papers, or notices, when required, for every folio, fifteen cents. For noting on any instrument recorded, the time when, and the place where recorded, twenty-five cents. For filing every notice or other paper, when required, and entering thereon a minute of the time of filing, twenty-five cents. For making in the index the several entries of the instruments, papers and notices, required by law to be indexed, for every such instrument, paper and notice, twenty-five cents for each name. For every certificate and seal 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, fifty cents. For searching records and files in his office, for each year for which the search is made, fifty cents for each name. For recording any instrument, paper or notice in the Spanish language, and for copies of such instrument, papers and notices, for each folio, thirty cents. For taking the acknowledgment or proof of every instrument, paper or notice, which may by law be recorded, fifty cents for each signature. For recording the plot of any town or city, such price as may be agreed upon between the parties. 2988. SEO. 47. The fees of commissioners to take testimony shall be as follows: For taking depositions, for each folio, twenty-five cents. For administering an oath or affirmation, twenty-five cents. For certificate to the deposition, fifty cents. 2989. SEC. 48. The fees of the probate judge shall be as follows: For every order or judgment, when not contested, fifty cents. For every order or judgment, when contested, two dollars. 2990. SEO. 49. The fees received by the probate judge shall be paid by him into the county treasury. 2991. SEC. 50. The fees of the sheriff shall be as follows: For serving a summons, or any other process, by which an action or proceeding is commenced, on each defendant, one dollar. For traveling, in making such service, per mile, twenty-five cents, in going only, to be computed, in all cases, from the court-house of the county. For taking a bond or undertaking in any case in which he is authorized to take the same, one dollar. For a certificate thereof, when requested, fifty cents. For a copy of any writ, process, or other paper, when required or demanded by law, twenty-five cents. For serving subpoena, for each witness summoned, twenty-five cents, and twenty-five cents for each mile actually traveled in going only; but when two or more witnesses live in the same direction, traveling fee shall be charged only for the most distant. For serving an attachment on property, or levying an execution, or executing an order for arrest, or for the delivery of personal property, two dollars. Advertising property for sale on execution, or under any judgment or order of sale, one dollar. For making the money upon the execution, for the first five thousand dollars, two per cent.; for all above five thousand dollars, one per cent. The fees herein allowed for the levy of an execution, and for advertising, and for making or collecting the money on an execution, shall be collected from the judgment debtor, by virtue of such execution, in the same manner as the judgment therein directed to be made. For drawing and executing a deed, pursuant to a sale of real estate, three dollars, to be paid by the grantee, who shall also pay the fee for the acknowledgment of the deed. For serving a writ of possession or restitution, putting any person entitled into possession of premises, and removing occupants, three dollars; and the same compensation for mileage as herein allowed in other cases. For summoning a jury in any case, two dollars. For summoning a grand jury, four dollars. Attending on same, one dollar. For serving a writ of habeas corpus, one dollar. For attending, in obedience to a writ of habeas corpus, with the body in custody, three dollars for each day's actual attendance. For traveling each mile from jail, twenty-five cents. For attending before any officer with a prisoner, for the purpose of having him surrendered in exoneration of his bail, or attending to receive a prisoner so surrendered, and receiving such prisoner into custody, in either case, two dollars. For serving an attachment upon any ship, boat, or vessel, in proceeding to enforce any lien thereon created by law, two dollars; also three dollars per day for each day, while such ship, boat or vessel is in the actual custody of the sheriff, or one of his deputies, and further, such necessary expenses incurred in serving the process as are supported by the oath of the officer serving the same. For selling any ship, boat, vessel or tackle, apparel and furniture thereof so attached, or other goods attached, and for advertising such sale, the same fees as for sale on execution. For any service which might be rendered by a constable, the same fees as are allowed by law for such services to a constable. For attending in person, or by deputy, the supreme court, each day, three dollars, to be allowed by the controller on the certificate of the clerk, and paid out of the State treasury. For executing every sentence of death, twenty dollars. 2992. SEC. 51. No other fees shall be charged than those specially set forth herein, No other fees. nor shall any fees be charged for any other services than those mentioned in this act. 11 Cal. 113. 11 Cal. 174. 2993. SEC. 52. It shall be the duty of each and every of said officers herein before Fee-book. mentioned, to keep severally a book, to be called a "Fee-Book," in their respective offices, open to the inspection of any one desiring to inspect the same, in which book shall be stated the fees charged, and the services for, and the title of the case in which, they are charged; and it shall be the duty of the district attorney to inspect said books at least once in every three months; and the foreman of each and every grand jury shall also have the same before him, and shall examine the same. 2994. SEC. 53. It shall be the duty of the clerks of the several courts to cause a Printed copy of printed copy of that part of this act relating to San Francisco, to be posted and kept in office of clerk. nct to be posted in some conspicuous place in their offices. The cost of such printing shall be paid out of the county treasury.(") [Amendment, approved April 30, 1855, 212. 2995. SEC. 54. It shall be the duty of the county judge, sitting as a judge of the Duty of county court of sessions, to give this act specially in charge of the grand jury. judge. 2996. SEC. 55. The fees of the coroner shall be the same, for all services rendered Coroner's fees. by him when acting as sheriff, as are allowed to the sheriff for similar services. 2997. SEC. 56. The fees of a constable shall be as follows: For serving a citation, Constable. summons or other process by which a suit shall be commenced, one dollar. On all sums made on execution, to be collected in the same manner as the judgment, and in addition thereto, three per cent. For all other services the same fees as are allowed to sheriffs for similar services. [SEC. 57 (relating to fees of justices of the peace) was virtually repealed by the act of April 22, 1858, given further along.] 2998. SEC. 58. Any officer who shall violate any of the provisions of the fifty-first Penalty for and fifty-second sections of this act shall be indicted, and, if found guilty, shall be fined violation of act. in a sum not less than one thousand dollars, nor more than (at the discretion of the jury) five thousand dollars.(') [Amendment, approved April 30, 1855, 212. 2999. SEC. 59. If any officer shall take more, or other fees than are herein allowed, More fees than he shall be liable to indictment, and on conviction shall be removed from office, and are allowed. shall pay such fine and suffer such imprisonment as the jury trying the case may inflict; provided, such fine shall not exceed one thousand dollars; or such imprisonment six Proviso. months' confinement in the county jail. [SEC. 60 to Sec. 74, inclusive, containing miscellaneous provisions, and applicable, as a part of the act, to San Francisco, have been before given, ante, 2729 to 2743.] [An Act to amend "an act to regulate fees in office, approved April 10, 1855," approved April 5, 1856, 83 (relating to fees of the clerks of the fourth and twelfth district courts, and making such fees the same as those of the clerk of the sixth district court or county clerk of Sacramento County, that is to say, the fees provided for in Secs. 24, 25, 26, and 27 of the act of April 10, 1855), was virtually repealed, in so far as a conflicting act, by the act of April 22, 1858, given further along. If there is any provision authorizing other fees than those mentioned in the act of April 22, 1858, it appears to be under the above-mentioned act of April 5, 1856.] () The original section was the same, except that the word "his" was used instead of "their." () The original section was the same, except that it said "twelfth and thirteenth" instead of "fifty-first and fifty-second." Fees of office. Clerks of district courts. Clerk of county court. Clerk of court of sessions. Clerk of probate court. Justices of the peace. Per centage. Proviso. No other fees. Act repealed. Fees of jurors. Witnesses. [An Act to amend the act of April 10, 1855, approved April 7, 1857, 185 (relating to fees of witnesses), was, so far as concerned San Francisco, virtually repealed by act approved April 4, 1864, given further along.] An Act to regulate fees in office in the City and County of San Francisco. Approved April 22, 1858, 231. 3000. SECTION 1. In the City and County of San Francisco, such fees are allowed to the officers herein named, for their services, rendered in discharging the duties imposed on them by law, as herein provided, and such officers may lawfully demand and receive the same, and no more. 3001. SEC. 2. The clerk of the fourth and twelfth judicial districts shall receive for all services performed by him before trial, including judgment by default, and the entering up of the same, in any action or proceeding, six dollars. For the trial, including affidavits, and swearing jury and witnesses, and all subsequent proceedings to the trial, including the entry of judgment, to be paid by the party moving the cause, four dollars. 3002. SEC. 3. The clerk of the county court shall receive, for all services performed by him, in causes appealed from justices' courts, before trial, two dollars. For the trial and subsequent proceedings, including final judgment, to be paid by the party moving the cause, three dollars. 3003. SEC. 4. The clerk of the court of sessions shall receive, for all services performed by him in a criminal cause, five dollars. 3004. SEC. 5. The clerk of the probate court shall receive, for filing the papers and issuing letters testamentary or of administration, in any case, two dollars. For all other services up to and including a final settlement of the case, eight dollars. 3005. SEC. 6. The justices of the peace, severally, shall be allowed in any action before them, for all services required to be performed by them before trial, two dollars. For the trial and subsequent proceedings, including all affidavits, swearing witnesses and jury, and the entry of a final judgment, three dollars. 3006. SEC. 7. The prevailing party shall be allowed five per cent. on the amount recovered, together with any sum by him so paid in a cause as costs and disbursements, to be included in the judgment against the adverse party; provided, said five per cent. shall be allowed only in litigated cases; and provided, further, that said per centage shall not be allowed to exceed the sum of one hundred dollars on any one judgment. 3007. SEO. 8. The justices of the peace, and the clerks of the several courts above named, shall receive no other fees for any services whatever by them performed in any action or proceeding, except for copies of papers required on appeal, or furnished at the request of any person, for which they shall be allowed at the rate of ten cents for each one hundred words; and in case of any violation of the provisions of this act, the party receiving any fees not herein allowed, shall be liable to refund the same to the party aggrieved, with treble the amount as damages, besides costs of suit. SEC. 9. All acts, or parts of acts, in conflict or inconsistent with the provisions of this act, are hereby repealed. An Act concerning the fees of jurors and witnesses in the City and County of San Francisco. 3008. SECTION 1. In the City and County of San Francisco the fees of jurors and witnesses shall be as hereinafter provided. 3009. SEC. 2. The fees of jurors shall be, for each cause two dollars, to be paid in civil cases by the party in whose favor verdict is rendered, before the same shall be entered, if required, but the same may be recovered as costs against the party losing the case. If in any trial in a civil case before any court the jury be from any cause discharged without finding a verdict, the fees of the jury shall be paid by the plaintiff, but may be recovered back as costs if he afterwards obtain judgment; until they are paid, no further proceedings shall be allowed in the action. No person shall receive fees for serving on a coroner's jury. 3010. SEC. 3. The fees of witnesses for attending in any civil suit or proceeding before any court of record, referee, commissioner, or justice of the peace, shall be, for each day, two dollars. No person shall be obliged to attend as a witness in a civil action unless his fees for attendance have been tendered him, or he shall not have demanded the same; and no person who resides without said city and county shall be obliged in a civil action or proceeding to attend as a witness in said county unless the distance be less than thirty miles from his place of residence to the place of trial: and any such witness shall be entitled, for traveling from his place of residence to the place of trial, to twenty-five cents for each mile. SEO. 4. This act shall go into effect immediately. XXV. FEES IN SACRAMENTO COUNTY. An Act concerning the offices of coroner and harbor-master in the City and County of Sacra mento. Approved May 20, 1861, 584. 3011. SECTION 1. The coroner of the City and County of Sacramento shall be en- Fees of coroner. titled to the following fees: For general services in holding an inquest, ten dollars. For each witness subpoenaed, twenty-five cents. For swearing each witness, twentyfive cents. For each mile necessarily traveled in going to the place of inquest and in subpœnaing witnesses, twenty-five cents. For taking down testimony, twenty-five cents per folio. For directing, or attending, the interment of each body upon which an inquest has been held, two dollars-which fees shall be all that he shall be entitled to charge; and the City and County of Sacramento is hereby excepted from the operation of any law allowing other, or a different rate of, fees, or compensation, to coroners. ed and allowed. 3012. SEC. 2. The board of supervisors and the auditor of the City and County of Fees to be anditSacramento, are hereby authorized and required to audit and allow to the coroner of the City and County of Sacramento the fees provided for in the first section of this act, for all services rendered since the first day of October, eighteen hundred and fiftynine, or so much thereof as have not been heretofore audited and allowed; and said supervisors, or auditor, are also authorized and required to audit and allow to the har- Harbor-master. bor-master of the City of Sacramento an additional sum of twenty-five dollars per month for all services rendered after the first day of May, eighteen hundred and sixty, and prior to the first day of October, eighteen hundred and sixty-one. SEC. 3. This act shall take effect immediately. An Act to regulate fees in office in the County of Sacramento. Approved May 6, 1862, 499. 3013. SECTION 1. Such fees are allowed to the officers of Sacramento County, hereinafter named, for their services rendered in discharging the duties imposed on them by law, as herein provided, and such officers may lawfully charge, demand, and receive, the same. 3014. SEC. 2. For drawing and copying every protest for non-payment of a promis- Fees of notaries public. sory note, or for the non-payment or non-acceptance of a bill of exchange, draft or check, one dollar and fifty cents. For drawing and serving every notice of non-payment of a promissory note, or of the non-payment, or non-acceptance, of a bill of exchange, order, draft, or check, one dollar. For recording every protest, one dollar. For drawing an affidavit, deposition, or other paper, for which provision is not herein named, twenty cents for each folio. For taking an acknowledgment or proof of a deed, or other instrument, to include the seal and writing of the certificate, for the first signature, one dollar, and for each additional signature, twenty-five cents. For administering an oath or affirmation, twenty-five cents. For every certificate, to include writing the same, one dollar. 3015. SEC. 3. For entering each suit on the clerk's register of actions, and making Clerk of district the necessary entries therein during the progress of the trial, forty cents for each court. folio. For issuing every writ or process under seal, one dollar. For issuing subpoena, for each witness, twenty-five cents. For filing each paper, twenty-five cents. For entering every motion, rule, order, or default, fifty cents. For entering every cause on the calendar, and making a copy thereof for the bar, for each term of the court, one dollar. For calling and swearing every jury, one dollar. For receiving and entering each verdict of a jury, one dollar. For entering every final judgment, for the first folio, one dollar and fifty cents; for each subsequent folio, forty cents. For filing judgment-roll, forty cents. For entering judgment on judgment-docket, fifty cents. For entering satisfaction of judgment, one dollar. For administering every oath or affirmation, twenty-five cents. For certifying every oath or affirmation, twenty-five cents. For copy of any proceeding, record, or paper, for each folio, forty cents. For every certificate under seal, one dollar. For searching the files of each year in his Clerk of county court. Clerk of court of sessions. Clerk of probate court. County recorder. Probate judge. Fees of other officers. Proviso. Disposition of fees. office (but not to charge suitors or attorneys), one dollar. For issuing every commission to take testimony, one dollar. For taking down testimony of witnesses during trial, for each folio, forty cents, to be paid by the party requiring the same. For issuing every execution, or other final process, one dollar. For issuing every decree or order of sale of mortgaged property, one dollar. For issuing writ of injunction, or attachment, one dollar. For entering judgment by confession, the same fees as in other cases of entering judgment. For receiving and filing every remittitur from supreme court, and accompanying papers, one dollar. For taking each bond required by law, one dollar. For taking justification thereto, one dollar. For acknowledgment of deed, or other instrument, including all writing and the seal, one dollar for each name. When the court is sitting as a court of criminal jurisdiction, he shall receive, for the trial of each issue, where the charge is felony, five dollars. For the trial of each issue, where the charge is a misdemeanor, three dollars. He shall receive no other fee for any service whatever, in a criminal action or proceeding, except for copies of papers, forty cents for each folio. For entering every discontinuance, dismissal, or nonsuit, twenty-five cents. 3016. SEC. 4. For filing all the papers sent on appeal from justices' courts, in each cause, two dollars and fifty cents. For all other services, the same fees as are allowed in the district court for similar services. 3017. SEC. 5. The clerk shall receive the same fees as are allowed the clerk of the district court in criminal cases. 3018. SEC. 6. For issuing letters testamentary, or of administration, one dollar. For certificate of appointment of appraisers or guardians, one dollar. For writing and posting notices, when required, for each copy, one dollar. For notice given by publication, in addition to the cost of publication, one dollar. For recording wills, for each folio, forty cents. For all other services the same fees as are allowed the clerk of the district court for similar service. 3019. SEC. 7. For recording any instrument, paper, or notice, when required, for each folio, forty cents. For copies of any record or paper, for each folio, forty cents. For receiving and filing every instrument for record, and making the necessary entries thereon, twenty-five cents. For making, in the several indexes required, all the entries required of the filing and recording any instrument, paper, or notice, for every such instrument, paper, or notice, twenty-five cents. For every certificate, under seal, to copies of papers or records in his office, when required, one dollar. For every entry of discharge of mortgage on margin of record, fifty cents. For searching record and files of each year in his office, when required, fifty cents. For abstract or certificate of title, when required, for each conveyance or incumbrance certified, one dollar. For recording every town plat, for every course, twenty-five cents. For figures and lettering plats and maps, per folio, one dollar. For filing and entering a minute of certificate of sheriff's sale, fifty cents. For filing and entering a minute of certificate of tax sale, fifty cents. For recording a marriage certificate, one dollar. For filing and keeping each paper, not required to be recorded, and indorsing the same, if required, fifty cents. 3020. [SEC. 8. The fees of the sheriff of Sacramento County were provided, by Sec. 20 of "An Act providing for the government of the County of Sacramento," approved April 25, 1863, 503, to be the same as those prescribed by the act of April 28, 1857, heretofore given.] 3021. SEC. 9. For every judgment or order, when not contested, one dollar; when contested, three dollars. 3022. SEC. 10. The fees of probate judge shall be collected and paid as provided in section thirty-nine of an act to regulate fees in office, approved April tenth, one thousand eight hundred and fifty-five. 3023. SEC. 11. The fees of all other officers, not herein mentioned, shall be the same as are now, or may hereafter be, prescribed by law; provided, that this act shall not be construed to increase the fees to be received by any officer, when snch fees are received by such officer as a compensation for his services, but shall only be construed to increase such fees as are now by law required to be paid into the county treasury. 3024. SEC. 12. All fees collected by the county clerk, or his deputies, in the district court, county court, court of sessions, or probate court, and in the county recorder' office, shall be paid by him into the county treasury, as is now prescribed by law, and all fees collected by the sheriff or his deputies, shall be paid into the county treasury, or appropriated to their own use, as is now or may hereafter be prescribed by law. SEO. 13. This act shall be in force from and after its passage, and so much of all acts as are in conflict with this act, are hereby repealed. |