3080 SEC. 7. [Admissions.] All imbecile and feeble-minded children and youth, between the ages of five (5) and eighteen (18) years, who have been residents of the state for the one year that preceded an application for admission, and who are incapable of receiving instruction in common schools, shall be entitled to be received into the institution, maintained and educated at the expense of the state, if in the judgment of the superintendent the applicant is a suitable person to receive its benefits. Persons of greater age, and those not residents of the state, may be admitted if the capacity of the institution will permit, but for all non-residents, and those not residents for the required time, a fair rate of compensation shall be paid, to be fixed by the board. No persons, however, shall be received into the institution, or retained, to the exclusion or detriment of those for whom it is especially founded. The board of public lands and buildings is hereby directed and empowered to make such rules and requirements governing the admission and discharge of inmates as they may deem just and expedient. [Amended 1895, chap. 35.]

3081 SEC. 8. [Clothing-Expenses-Poor children.] Parents, guardians, or those having legal control, who now have children or wards in the institution, and those who may hereafter send children or wards to the institution, will be required. to provide suitable clothing and necessary expenses of transportation, and necessary expenses in cases of death, also all other incidental expenses, such as dental work, repairs of clothing, etc., unless financially unable to do so, in which case the parent, guardian or next friend of such children, or any officer of the county or precinct where such children reside may make application to the county court, and upon a decision by such court that such children are unable to procure suitable clothing or furnish transportation and other expenses as herein provided, and that they are proper subjects for admission into the institution, an order shall be passed to that effect. The judge of the county court shall thereupon certify the same to the county supervisors or commissioners, and to the superintendent of the institution, who shall, if the person can be admitted, notify the county board, and they shall at once provide clothing and transportation, and on or before admission, pay to the superintendent, in current funds, the sum of forty dollars ($40) for each person so admitted, which money shall be used only for the expenses mentioned in this section. The superintendent shall report to the county board on the first day of December of each year, giving an itemized statement of the expenditures made and showing the balance on hand. The county board shall at their first meeting thereafter, pay to the superintendent such sum of money as added to the balance in his hand shall equal the sum of forty dollars ($40) for each indigent inmate from such county. If any county board shall fail to comply with the provisions of this section the district court in the county shall, on application, compel the same by mandamus. Persons who are able to pay the expenses mentioned in this section shall give bond to the state of Nebraska in the penal sum of seventy-five dollars (75), payable to the superintendent of the institution, conditioned on providing for the above mentioned expenses, or that they will pay or cause to be paid, to the superintendent on his statement of expenditure, such sum of money as may be necessary for such purposes. Such bond shall be approved by the county judge in the county where such persons reside. In case parents refuse to pay such expenses the county board shall pay the same, and collect from the parents or guardians, the bondsmen being equally holden to the state and county. [Amended 1895, chap. 35.]

SEC. 9. [Appropriation. Obsolete.]

3082 SEC. 10. [Tax.] In order to create a fund for the support of said institution there is hereby authorized and shall be made an annual tax levy on the taxable property of the state, not to exceed one-eighth (1) of one mill on the dollar; said fund shall be known as "The Fund of the Institution for the Feeble Minded."

3083 SEC. 11. [Appropriation.] That the sum of twenty-five thousand ($25,000) dollars be and is hereby appropriated out of any moneys in the general fund of the state for the purpose of erecting and furnishing buildings for the Nebraska institution for feeble minded youth, located near Beatrice, Gage county, Nebraska. The funds shall be expended by and under the direction of the board of public lands and buildings, as follows: Five thousand ($5,000) dollars for the erection of a kitchen and dining room, and furnishing the same; twenty thousand ($20,000) dollars for the erection of one (1) cottage for inmates and furnishing the same. [1891, chap. 25, § 1.]

3084 SEC. 12. [New buildings Plans.] The board shall employ a competent architect to make such general and special plans as may be necessary. The plans to be based upon the future needs of the institution, and to be approved by the board of public lands and buildings and the superintendent of the institution before the contract is let. The expense for making said plans to be paid out of the money appropriated for buildings. [Id., § 2.]

3085 SEC. 13. [How erected.] That the said buildings shall be erected by days works under the direction and supervision of the board of public lands and buildings who are hereby authorized to employ such architects, superintendent, foreman and workmen, as may be necessary. [Id., § 3.]

3086 SEC. 14. [Superintendence.] The superintendent of the institution is hereby qualified to act with said board in all matters pertaining to the location and arrangement of said improvements and to see that the work is faithfully performed during the absence of the board. He shall approve the estimates of the architect before they are submitted to the board. [Id., § 4.]

SECS. 11-14. "An act to construct and furnish additional buildings at the Nebraska institution for feebleminded youth and making appropriation therefor." Laws, 1891, chap. 25. Took effect Aug. 1, 1891.

CHAPTER 28.-FEES.

3087 SECTION 1. The salaries and fees of the several officers hereinafter named shall be as follows. [R. S., 157. G. S., 371.]

3088 SEC. 2. Clerk of the Supreme court. Docketing each cause, civil or criminal, to be charged in each case but once, seventy-five cents. Issuing summons in error, writ of error, certiorari, writ of injunction or mandate, one dollar. Dismissal, discontinuance, or continuance, twenty-five cents. Entering each cause on the bar and court calendar, fifteen cents. Issuing and docketing execution or order of sale, one dollar. Taking affidavit, twenty-five cents. Filing motion, rule, affidavit, or other paper, ten cents. Issuing attachment and filing motion therefor, seventy-five cents. Indexing each cause, direct and reverse, each docket, ten cents. Entering judgment, decree, or order on the journal, twenty-five cents. For each ten words after the first one hundred words, one cent. Entering minute of judgment, decree, or order on the appearance docket, fifteen cents. Making copy of process, pleadings, record, or other paper, or any part thereof, for each ten words, one cent. Entering satisfaction, twenty-five cents. Certificate and seal, fifty cents. Every search where no other services are rendered to which any fee or fees are attached, fifteen cents.

Issu

3089 SEC. 3. Clerk of the district court. Docketing each cause, seventyfive cents. Issuing summons, order of arrest, order of attachment, order of replevin, citation, or any mesne process, and filing return, fifty cents. Entering voluntary appearance of defendant, twenty-five cents. Taking bail-bond, twenty-five cents. Filing petition, pleading, indictment, or any other paper, ten cents. ing attachment and filing motion therefor, seventy-five cents. Entering return of any writ or order, other than of execution, order of sale, or of attachment, twenty cents. Entering each cause on the bar and court calendar of each term of the court, fifteen cents. Indexing each cause, direct and reverse, each docket, ten cents. Drawing petit jurors, and issuing venire therefor, fifty cents. Attending to the striking of special jury and issuing venire, one dollar. Impaneling jury and administering oath, twenty-five cents. Certifying to the county commissioners, at the end of each term, the names of grand and petit jurors, and their terms of service and mileage, to be paid by the county, one dollar and fifty cents. Issuing subpoena and seal, twenty-five cents. Swearing and entering appearance of each witness, fifteen cents. Entering judgment on the journal, twenty-five cents. For each ten words after the first one hundred words, one cent. Entering verdict on the journal, twenty-five cents. Transcribing judgment or order on appearance docket, twenty cents. Drawing and issuing venire for grand jury, and impaneling the same, to be paid by the county, one dollar and twenty-five cents. Dismissal, discontinuance, or continuance, twenty-five cents. Taxing costs, each cause, thirty-three cents. Making complete record, for each ten words, one cent. Copy of process, pleadings, record, or paper filed, or any part thereof, for every ten words, one cent. Certificate and seal, twentyfive cents. Filing and entering petition for habeas corpus, twenty-five cents. Issuing writ of habeas corpus, one dollar. Issuing and docketing execution or order of sale, seventy-five cents. Entering return of execution, order of sale, or order of attachment, for each ten words, one cent. Indexing execution or order of sale, direct and reverse, each docket, ten cents. Taking acknowledgment of deed or other instrument, fifty cents. Taking affidavit, except those required to pleading, forty-five cents. Each certificate or seal not herein provided for, twenty-five cents.

CHAP. 28. Chap. 19, R. S., 157. G. S., 371.

Entering satisfaction of judgment, twenty-five cents. Every search made by the clerk, where no other service is rendered to which any fee or fees are attached, fifteen cents. Entering mandate and proceedings of supreme court, twenty-five cents. Entering transcript of judgment of justice of the peace, forty cents. Entering and docketing appeal from judgment of justice of the peace, forty cents. Suggesting death of party or diminution of record, fifteen cents. Substituting party on the record, fifteen cents. Commission to examine witnesses, fifty cents. Entering confirmation of sale, twenty-five cents, Recording declaration of intention to become a citizen of the United States, and certified copy thereof under seal, fifty cents. Re cording final admission of alien to the right of citizenship, and certified copy thereof under seal, fifty cents. Filing and entering motion, rule or default, ten cents. Taking recognizance or entering forfeiture of recognizance, twenty-five cents. Arraignment of defendant, twenty-five cents. Entering retraction of plea or nolle prosequi, twenty cents. Issuing capias, warrants, or other process under seal in criminal cause, fifty cents. Entering remittitur, fifteen cents. The clerk of the district and supreme court shall keep a docket in which he shall enter the costs chargeable and taxable against each party in any suit pending in said courts respectively; and he is hereby empowered at any time to make out a statement of such fees, specifying each item of the fees so charged and taxed, under the seal of the court, which fee-bill, so made under the seal of said court, shall have the same force and effect as an execution; and the sheriff to whom said fee-bill shall be issued shall execute the same as an execution, and shall have the same fees therefor; and the clerk shall have the same fees for issuing such bill that he is entitled to for the issuance of an execution; Provided, That the clerk shall not enter in such docket any fees of any officer claiming the same, unless such officer shall duly return an itemized bill of the

same.'

3090 SEC. 4. Register in chancery. Docketing each cause, seventy-five cents. Taking affidavit, except those required to pleading, twenty-five cents. Issuing subpoena in chancery, order of injunction, citation, or any mesne process under seal, fifty cents. Filing bill, pleading, or other paper, ten cents. Approving bail bond, twenty-five cents. Entering return on subpoena, injunction, citation, or any mesne process, twenty-five cents. Entering each cause on the bar and court calendar, each term, ten cents. Indexing each cause, direct and reverse, each docket, ten cents. Entering decree, fifty cents, and order on the journal, twenty-five cents. And for each ten words after the first one hundred words, one cent. Transcribing decree or order on appearance docket, ten cents. Dismissal, discontinuance, or continuance, twenty-five cents. Taxing costs, each cause forty cents. For making complete record, transcript, or copy of process, pleadings, record, or other paper filed, or any part thereof, for each ten words, one cent. Certificate and seal, twentyfive cents. Entering allowance of injunction, fifty cents. Issuing execution or order of sale, seventy-five cents. Entering return of execution or order of sale, for each ten words, one cent. Entering satisfaction of decree, twenty-five cents. Filing and entering notice of appeal, fifteen cents. Filing and entering motion or rule, fifteen cents. Every search, where no other service is rendered to which any fee or fees are attached, fifteen cents.

3091 SEC. 5. [Sheriff.] Serving capias with commitment or bail-bond and return, one dollar. For serving search warrant, one dollar. For arresting under search warrant, one dollar for each person so arrested. Serving summons, subpœna in chancery, order of attachment, order of replevin, writ of injunction, scire facias, citation, or other writ of mesne process, and return thereof, fifty cents. For each

SEC. 5. Compensation for keeping prisoners. 5 Neb., 39. 8 Neb., 38. City prisoners. 34 Id., 351. Attachments. See sec. 26, post. One mileage, although different services. 34 Id., 104. Sheriff paid by check. 42 Id., 274.

defendant after the first in the same case, twenty five cents. Copy of summons, subpoena in chancery, order of attachment, twenty-five cents. Serving subpoena for witnesses, each person served, twenty-five cents. Taking and filing replevin, bond, or other indemnification, to be furnished and approved by the sheriff, fifty cents. Making copy of any process, or bond, or paper, other than herein provided for, twenty-five cents. Traveling expenses for each mile actually and necessarily traveled, five cents. Levying writ of execution, and return thereof, one dollar. Levying writ of possession, with the aid of the county, two dollars. Levying writ of possession, without the aid of the county, one dollar. Summoning grand jury, not including mileage, to be paid by the county, five dollars. Summoning petit jury, not including mileage, to be paid by the county, six dollars. Summoning special jury, for each person impaneled, twenty-five cents. Calling jury for trial of cause, twenty-five cents. Serving notice of motion, or other notice, or order of court, fifty cents. Executing writ of habeas corpus, and return, one dollar. Serving writ of restitution, and return, one dollar. Calling inquest, to appraise lands and tenements levied on by execution, fifty cents. Calling inquest, to appraise goods and chattels taken by order of attachment, or replevin, fifty cents. Advertisement of sale in a newspaper, in addition to the price of printing, fifty cents. Advertising in writing for sale of real or personal property, one dollar. Executing writ, or order of partition, two dollars. Making deeds for lands sold on execution or order of sale, one dollar. Committing prisoner to prison, fifty cents. Attending before judge, or court, in criminal cases, one dollar. Opening district court and attending thereon, per day, to be paid by the county, two dollars. Commission on all money received and disbursed by him on execution, or order of sale, order of attachment, decree, or on sale of real or personal property, shall be for each dollar not exceeding four hundred dollars, three cents; for every dollar above four hundred dollars and not exceeding one thousand dollars, two cents; for every dollar above one thousand dollars, one cent; Provided, That in all cases where no money is received or disbursed by him, no percentage shall be allowed. For executing death warrant, such fee as the county commissioners shall deem reasonable and just, to be paid by the county. For guarding prisoners, when it is actually necessary, two dollars per day, to be paid by the county. Where there are prisoners confined in the county jail, one dollar and fifty cents per day shall be allowed the sheriff as jailer. For boarding prisoners per day, not exceeding seventy-five cents per day, nor more than three and one-half dollars per week, when the prisoners are confined more than six days. [Amended 1877, 40.]

3092 SEC. 6. [Services in county court.] For performing the duties required by law to be performed by them in the county court, sheriffs shall receive the same fees as are allowed for similar service in the district court, except for attendance on the county court, to be taxed against the proper party or parties by the county judge. [Id.]

3093 SEC. 7. [Coroner.] For viewing a dead body, ten dollars. Summoning and qualifying an inquest, fifty cents. Drawing and returning inquisition, for each ten words, one cent. For physician making post mortem examination of dead body, not less than ten dollars each, and in cases requiring careful and difficult dissection, or an analysis of poisons, not to exceed in any case fifty dollars, to be paid out of any goods, chattels, lands, and tenements of the slayer (in case of murder. or manslaughter), if he hath any, otherwise by the county, with mileage or distance actually traveled to and from the place of viewing the dead body. For all other

SEC. 6. Not a separate section in act of 1877, which had no repealing clause. The former act applied also to justice's court. SEC. 7. "Viewing" defined. To earn fee coroner must hold inquest with a jury. 37 Neb., 328.