be interred in such lot, or plat, unless it be the body of a person having, at the time of such decease, an interest in such lot, or plat, or the relative of some person having such interest, or the wife of such person, or her relative, except by the consent of all persons having an interest in such lot, or plat. SEC. 12. In case the grounds purchased for cemetery pur- Former poses, in accordance with section seven of this Act, shall have purchasers. been used as a cemetery previous to such purchase, then those who are lot-owners, at the time of the purchase, shall have, and be entitled to, all the privileges they would be entitled to by purchase from a corporation formed as aforesaid. CHAP. CCLXVIII.-An Act to regulate Fees in Office in the [Approved April 18, 1859.] The People of the State of California, represented in Senate and officers. SECTION 1. Such fees are allowed to officers hereinafter named, Fees of within the County of Nevada, 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, and shall receive no other fees or charges, except as in this Act provided. FEES OF NOTARIES PUBLIC. Public. SEC. 2. For drawing and copying every protest for the non- Notaries payment of a promissory note, or for the non-payment, or nonacceptance of a bill of exchange, draft, or check, two dollars. For drawing and serving every notice of non-payment of a promissory note, or the non-payment, or non-acceptance of a bill of exchange, order, draft, or check, two dollars. For recording every protest, one dollar. For drawing an affidavit, deposition, or other paper, for which provision is not herein named, for each folio, twenty-five cents. 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, fifty cents. For administering an oath, or affirmation, twenty-five cents. For every certificate, to include writing the same, and the seal, one dollar. FEES OF CLERK OF DISTRICT COURT. District SEC. 3. For entering each suit on the Clerk's Register of Clerk of Action, and making the necessary entries therein during the Court. progress of the trial, for each folio, twenty-five cents. Clerk of Clerk of Court. For issuing every writ or process, under seal, seventy-five cents. For issuing subpoena, for each witness, twenty-five cents. For entering every motion, rule, order, or default, fifty cents. 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, seventy-five cents. cents. For entering every final judgment, for the first folio, one dollar; for each subsequent folio, twenty-five cents. For filing judgment-roll, fifty cents. For entering satisfaction of judgment, one dollar. For entering judgment on judgment-docket, fifty cents. cents. For certifying every oath or affirmation, twenty-five cents. For copy of any proceeding, record, or paper, for each folio, twenty-five cents. For every certificate under seal, seventy-five cents. For searching files of each year in his 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 the trial, for each folio, twenty-five cents, to be paid by the party requiring the same. For issuing every execution or other final process, seventy-five cents. For issuing every decree or order of sale of mortgaged property, one dollar. For issuing writ of injunction, or attachment, seventy-five cents. For entering judgment by confession, the same fees as in other cases of entering judgment. For receiving and filing every remittitur from the Supreme Court, and accompanying papers, seventy-five cents. For taking each bond required by law, seventy-five cents. For taking justification thereto, seventy-five cents. For acknowledgment of deed, or other instrument, including all writing, and the seal, for the first name, one dollar, and each additional name, fifty cents. When the Court is sitting as a Court of Criminal Jurisdiction, he shall receive, for the trial of each issue, when the charge is felony, five dollars; for the trial of each issue, where the charge is misdemeanor, three dollars. He shall receive no other fees, for any service whatever, in a criminal action, or proceeding, except for copies of papers, for each folio, twenty-five cents. FEES OF CLERK OF COUNTY COURT. SEC. 4. For filing all papers sent on appeal from Justices' Courts, in each cause, and making the necessary entries concerning the same, two dollars. For all other services, the same fees as are allowed in the District Court for similar services. FEES OF CLERK OF THE COURT OF SESSIONS. SEC. 5. The Clerk shall receive the same fees as are allowed Clerk of the Clerk of the District Court in criminal cases. FEES OF CLERK OF PROBATE COURT. Court of SEC. 6. For issuing letters testamentary, or of administration, Clerk of seventy-five cents. For certificate of appointing Appraisers, or Guardians, seventyfive cents. For writing and posting notices, when required, for each copy, seventy-five cents. For notice given by publication, in addition to the cost of publication, seventy-five cents. For recording wills, per folio, twenty-five cents. For all other services, the same fees as are allowed the Clerk of the District Court for similar services. FEES OF COUNTY RECORDER. Probate Court. SEC. 7. For recording any instrument, paper, or notice, when County required, thirty-five cents for each folio. 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, or notice, twenty-five cents. For every certificate under seal, to copies of papers or records in his office, when required, seventy-five cents. For every entry of discharge of mortgage on margin of record, fifty cents. For searching records, 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 each course, twenty-five cents. For figures, and lettering plats and maps, per folio, fifty cents. For taking and writing acknowledgments, including seal, for the first signature, one dollar; for each additional signature, fifty cents. For filing and entering 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. Recorder. Sheriff. For filing and keeping each paper not required to be recorded, and indorsing the same, if required, fifty cents. FEES OF SHERIFF. SEC. 8. For serving a summons and complaint in civil suit, or any other process by which an action or proceeding is commenced, on every defendant, two dollars. For traveling in making such service, per mile, in going only, to be computed in all cases from the Court-house of the County, fifty cents; Provided, that if any two or more papers required to be served in the same suit, at the same time, one mileage only shall be charged. For taking bond or undertaking, in any case in which he is authorized to take the same, two dollars. For copy of any writ, process, or other paper, when demanded or required by law, for each folio, thirty cents. For serving every notice, rule, or order, one dollar. For serving a subpoena, for each witness summoned, fifty cents. For serving an attachment on property, or levying an execution, or executing an order of arrest, or an order for the delivery of personal property, and with traveling, as on a summons, two dollars; but no traveling fees shall be allowed on such attachment, order of arrest, or order for the delivery of personal property, when the same accompanies the summons in the suit, and may be executed at the time of the service of summons, unless for the distance actually traveled beyond that required to serve the summons. For making and posting notice, and advertising property for sale, on execution, or under any judgment, or order of sale, not to include the cost of publication in newspaper, three dollars. For commissions for receiving and paying over money on executions or process, where lands or personal property has been levied on, advertised, and sold, on the first one thousand dollars, three per cent., and on all sums above that sum, two per cent. For commissions for receiving and paying over money on execution, without levy, or where the land or goods levied on shall not be sold, two per cent. The fees herein allowed for the levy of an execution, and for advertising, and for making or collecting the money on execution, shall be collected from the defendant, by virtue of such execution, in the same manner as the sum therein directed to be made. For drawing and executing every Sheriff's deed, to be paid for by the grantee, who shall, in addition, pay for the acknowledg ment thereof, five dollars. For serving a writ of possession, or restitution, putting any person entitled, into possession of premises, and removing the occupant, five dollars. For travel, in the service of any process not herein before mentioned, for each mile necessarily traveled, in going only, fifty cents. For attending, when required, on any Court, in person or by Deputy, for each day, to be paid out of the County treasury, four Sheriff. dollars. For bringing up a prisoner on habeas corpus, to testify or answer in any Court, or for examination as to the cause of his arrest and detention, or to give bail, two dollars; and for travel, each mile, from the jail, in going only, fifty cents. He shall also be allowed such further compensation for his trouble and expense in taking possession of property, under attachment or execution, or other process, and of preserving the same, as the Court, from which the writ or order may issue, shall certify to be just and reasonable. For holding an inquest, or trial of the right of property, when required, to include all service in the matter, except mileage, five dollars. For attending on Supreme Court, either in person or by Deputy, to be paid out of the State treasury, as other claims, for each day, five dollars. For every arrest in a criminal proceeding, three dollars. For serving each subpoena, in criminal proceedings, fifty cents. For executing every sentence of death, twenty-five dollars. For summoning a grand-jury of twenty-four persons, fifteen dollars. For summoning each trial-jury of twelve persons, six dollars; for each additional juror, fifty cents. For service of any process in criminal cases, for each mile necessarily traveled, twenty-five cents; and the same mileage for taking prisoners before a magistrate, or to prison. In serving subpoenas, or venire, in criminal cases, he shall receive mileage for the most distant, only, when witnesses and jurors live in the same direction. For all services in Justices' Courts, the same fees as are allowed to Constables in like cases. FEES OF CORONER. SEC. 9. All services in summoning jury of inquest, three dol- Coroner. lars. For swearing jury, one dollar. For issuing warrant of arrest, fifty cents. For issuing subpoena for each witness, twenty-five cents. For each mile necessarily traveled, in going to the place of the dead body, fifty cents; which fees, in all inquests, shall be paid out of the County treasury, as other demands. For all services rendered by them while acting as Sheriff, the same fees as are allowed Sheriffs for similar services. For swearing each witness, twenty-five cents. For taking down testimony, per folio, twenty-five cents. FEES OF CONSTABLES. SEC. 10. For serving summons in a civil suit, for each defend- Constables. ant, seventy-five cents. |