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Sec. 5. For issuing letters testamentary or of administraCertificate. tion, one dollar. For certificate of appointing appraisers or Notices.

guardians, fifty cents. For writing and posting notices, when required, for each copy, fifty cents. For notice given by publication, in addition to cost of publication, fifty cents. For recording wills, per folio, thirty cents. For all other services, the same fees as are allowed the Clerk of the District Court for similar services.







Sec. 6. For recording any instrument, paper, or notice, when required, for each folio, thirty cents. For copies of any record, or paper, per folio, thirty cents. For filing, or receiving, every instrument for record, and making the necessary entries therein, 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, Copies. to copies of papers on record in his office, when required, fifty

cents. For every entry of discharge of mortgage, on margin of Searching record, fifty cents. For searching record, and files of each year,

in his office, when required, fifty cents. For abstract, or certiticate, of title, when required, for each conveyance, or incumbrance certified, fifty cents. For recording every town-plat, for every course, twenty cents. For figures, and lettering plats and maps, per folio, seventy-five cents. For taking, and writing acknowledgments, including seal, for the first signature, one

dollar, and, for each additional one, twenty-five cents. For Sheriff's sale filing and entering a minute of certificate of Sheriff's sale, fifty

cents. For filing and entering a minute of certificate of tax

sale, twenty-five cents. For filing and keeping each paper, not Filing.

required to be recorded, and endorsing same, if required, fifty cents.



Tax sale.



SEC. 7. For serving a summons, complaint, or any other process by which action or proceeding is commenced, on every defendant, one dollar. For traveling, in making such service, per mile, in going only, to be computed in all cases from the CourtHouse of the County, forty cents; Provided, that if any two or

more papers require to be served in the same suit, at the same Undertaking time, one mileage only shall be charged. For taking bond or

undertaking, in any case in which he is authorized to take the Copy of writ. same, one dollar. For copy of any writ, process, or other paper,

when demanded, or required by law, for each folio, thirty cents. Notice and For serving overy notice, rule, or order, fifty cents. For serving

a subpæna, for each witness summoned, twenty-five cents. For traveling, per mile, in serving each subpæna, or venire, in going only, but, when two or more witnesses or jurors live in the same


direction, traveling fees shall be charged only for the most distant, forty cents. For serving an attachment on property, or Attachment. levying an execution, or executing an order of arrest, or order for the delivery of personal property, and, with traveling fees, as on a summons, two dollars. For serving an attachment upon any boat, or vessel, in proceedings to enforce any lien thereon, created by law, three dollars. For making and posting notices, Notices and

advertising. and advertising property for sale on execution, or under any judgment, or order of sale, not to include the cost of publication in newspapers, two dollars. For commissions, for receiving and paying over money, on execution or process, where lands or personal property has been levied on, advertised, and sold, on the first one thousand dollars, two per cent.; on all sums above that amount, one per cent. For commissions for receiving and paying over money on execution, without levy, or when the lands or goods levied on shall not be sold, two per cent. on the first one thousand dollars, and one per cent on all over that sum. The fees herein allowed for the levy of an execution, and for Collection. advertising, and for making or collecting the money on an execution, shall be collected from the defendant, by virtue of such execution, in the same manner as the sum are therein directed to be made. For drawing and excuting every Sheriff's deed, to Decd. be paid by the grantee, who shall, in addition, pay for the acknowledgment thereof, three dollars. For serving a writ of Restitution. possession or restitution, putting any person entitled into possession of premises, and removing the occupants, three dollars. For traveling, in the service of any process not herein before Mileago. mentioned, for each mile necessarily traveled, in going only, forty cents. For attending, when required, on any Court, in In Court. person or by deputy, for each day, to be paid out of the County Treasury, three dollars. For bringing up a prisoner on habeas Habeas corcorpus, to testify or answer in any Court, or for examination as to the cause of his arrest and detention, or to give bail, fifty cents. He shall also be allowed such further compensation, for his Other com

pensation. trouble and expense in taking possession of property under an attachment, or execution, or other process, and preserving the same, as the Court from which the writ or order may issue, shall certify to be just and reasonable. For holding each inquest, on property. trial of right of property, when required, to include all service in the matter, except mileage, four dollars. For attending on In Supreme Supreme Court, either in person or by deputy, to be paid out of Court. the State Treasury as other claims, for each day, five dollars. For making every arrest, in criminal proceedings, two dollars. Autrpet and For serving each subpæna, in criminal proceedings, twenty-five cents. For executing every sentence of death, forty dollars. Death penalFor summoning a grand-jury of twenty-four, eight dollars. For summoning each trial.jury of twelve persons, four dollars. Jurors. For each additional juror, twenty-five cents. For service of any process, in criminal cases, for each mile necessarily traveled, Mileage. twelve cents, and the same mileage for taking prisoner before a magistrate or to prison. In serving subpænas, or venires, in criminal cases, he shall receive mileage from the most distant only, when witnesses or jurors live in the same direction. For all services in Justices' Courts, the same fees allowed to Constables.






All services in summoning jury of inquest, three dollars. For swearing a jury, fifty cents. For issuing warrant of arrest, fifty cents. For issuing subpæna, for each witness, twenty-five cents. For each mile necessarily traveled in going to the place of the dead body, thirty cents—which fees, in all inquests, shall be paid out of the County Treasury, as other demands. For all services rendered by him, when acting as Sheriff, the same fees as are allowed the Sheriff for similar services. For swearing each witness, twenty-five cents. For taking down the testimony of each witness, per folio, twenty-five cents.


As sheriff.







Sec. 9. For serving summons in civil suit, for each defendant, one dollar. For summoning a jury before a Justice of the Peace, two dollars. For taking a bond required to be taken, one dol

lar. For summoning each witness, twenty five cents. For servAttachment. ing an attachment against the property of a defendant, two dolJury. lars. For summoning and swearing a jury to try the rights of

property, and taking the verdict, three dollars. For receiving Keeper of and taking care of property on execution, attachment, or order,

his actual necessary expenses, to be allowed by the Justice whó issued the execution, upon the affidavit of the Constable that such charges are correct and the expenses necessarily incurred.

For collecting all sums on execution, two per cent., to be charged Mileage. against the defendant in the execution. Constables shall re

ceive, in serving summons, attachment, order, execution, venire, notice, and subpena, in civil cases, for each mile necessarily traveled, in going only, (but when two or more persons are served in the same suit, mileage shall only be charged for the most distant, if they live in the same direction,) forty cents. For serving a warrant or order for delivery of personal property, or making an arrest in civil cases, two dollars.

For service and travel in criminal cases, the same fees as Sheriffs for like services. For all other services, except attending Court, the same fees as are allowed to Sheriffs for similar services.



Criminal cases.




Sec. 10. Interpreters and translators may be allowed such compensation for their services as the Court shall certify to be necessary, to be taxed and collected as other costs; but the same shall not exceed three dollars per day.

SEC. 11. All Acts, and parts of Acts, in conflict or inconsistent with the provisions of this Act, so far as the same relate to the County of Tuolumne, are hereby repealed.

Sec. 12. This Act to take effect and be in force from and after the first day of October, one thousand eight hundred and fifty-nine.

Take effect.

CHAP. XV.-An Act amendatory of an Act to fix the Time for holding

the Terms of the District Court throughout this State, passed May eighteenth, one thousand eight hundred and fifty-three.

[Approved February 3, 1859.] The People of the State of California, represented in Senate and

Assembly, do enact as follows: Section 1.-Section first of said Act is hereby amended so as Act amended to read as follows:

Section first—The several terms of the Judicial Districts in First district this State, during each year, shall commence as follows:

First-In the First Judicial District, in the County of San San Diego. Diego, on the second Monday of January, May, and September.

In the County of Los Angeles, on the third Monday of March, Los Angeles. July, and November.

In the County of San Bernardino, on the third Monday of Feb- San Bernar ruary, June, and October.

SEC. 2. All Acts, and parts of Acts, in conflict with the provi. Repealing. sions of this Act, are hereby repealed.



Chap. XVI.-An Act for the Relief of Henry L. Davis.

[Approved February 3, 1859.] The People of the State of California, represented in Senate and

Assembly, do enact as follows : SECTION 1. The Board of Supervisors of the City and County Relief grant of San Francisco are hereby authorized and directed to allow Henry L. Davis the sum of five hundred dollars, for services rendered as Assistant Clerk to the Board of Examiners, under “An Act to provide for the Funding and Payment of the Outstanding Unfunded Claims against the City of San Francisco and against the County of San Francisco, as they existed prior to the first day of July, A. D. one thousand eight hundred and fifty-six," approved April twentieth, one thousand eight hundred and fifty-eight.

Sec. 2. The Auditor of said City and County is hereby author- Auditor's ized and directed to audit the sum allowed, and issue his warrant therefor; whereupon, (and upon the presentation thereof,) the Treasurer of the said City and County shall pay the same, as other current indebtedness of the City and County aforesaid.


CHAP. XVII.- An Act to authorize the Executors of the last will

and testament of Thomas 0. Larkin, deceased, to sell Personal Property of the Testator at private sale.

[Approved February 3, 1859.]

Executors authorized.

The People of the State of California, represented in Senate and

Assembly, do enact as follows: SECTION 1. Eben L. Childs, Frederic H. Larkin, and Rachael Larkin, executors and executrix of the last will and testament of Thomas 0. Larkin, deceased, late of the City and County of San Francisco, are, and each of them is, authorized and empowered to sell at private sale for cash, or upon credit, the personal property of the testator to the extent directed in his last will and testament, and for the purposes therein specified; and, also, so much of said personal estate as it may be necessary to sell for the purpose of paying the debts outstanding against ihe estate of said testator, the allowance to his family, and the expenses of administration.

SEC. 2. The said executors and executrix, and each of them, shall, within two months after any sale made by them, or by any one of them, under authority of this Act, return an account thereof to the Probate Court of the City and County of San Francisco, in the same form as if such sale were made under the order of the Court.

Account to

Trustee authorized.

CHAP. XVIII.-An Act to authorize Henry Hari Hartley to sell cer

tain Real Estate held by him as Trustee.

[Approved February 3, 1859.] The People of the State of California, represented in Senate and

Assembly, do enact as follows: SECTION 1. IIenry Hare Hartley, trustee for Augusta H. Dean, is hereby authorized and empowered to sell, at private sale, any or all that real estate conveyed to him as such Trustee, by Humphrey Griffith, of Yolo County, by deed bearing date on the fifteenth day of July, one thousand eight hundred and fiftyfour, and recorded in the County Recorder's office of Yolo County, on the seventeenth day of July, one thousand eight hundred and fifty-four, at nine o'clock and forty minutes, A. M., on folio two hundred and sixty-two and two hundred and sixty-three, of book “B” of Deeds, records of said County; Provided, such sale be made by and with the consent and approval of the guardian of said Augusta H. Dean. Upon making such sale as aforesaid, the said Henry Hare Hartley is hereby authorized to make, execute, and deliver, to the purchaser or purchasers, good and sufficient deed

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