gureties. (5627.) SEC. 32. Within twenty days after the service of Exception to such notice, the defendant may except to the sufficiency of the sureties, by giving notice of such exception to the plaintiff's Attorney. sureties, etc. (5628.) SEC. 33. Within twenty days after such notice of Justifying by. exception, the sureties shall justify, by an affidavit, that they are worth double the penalty of such bond, over and above all debts; of which affidavit a copy shall be served on the defendant or his Attorney; and such justification shall operate to discharge the order to stay proceedings. TAXATION OF COSTS. taxed in Supreme (5629.) SEC. 34. Costs in the Supreme Court shall be taxed By whom costa by one of the Justices or a Clerk thereof, and by such other Court. officers as the Supreme Court shall, by general or special order, designate for that purpose; and upon such notice to the opposite party, as shall be prescribed by the general rules of the Court. in Circuit Courts. (5630.) SEC. 35. Costs in the several Circuit Courts may be By whom taxed taxed by any officer authorized to tax costs in the Supreme Court, by Circuit Court Commissioners or the Clerks of the said Circuit Courts respectively, and upon the like notice as shall be required in the Supreme Court. taxed. (5631.) SEC. 36. Upon the settlement of an execution by a When fees to be defendant, or upon settling any suit or demand, the Sheriff or Attorney claiming any fees which shall not have been taxed, shall, upon being required by the defendant, and on his paying the expenses thereof, have his fees taxed by some proper officer authorized to tax costs in the Court in which the suit may be pending; or from which the execution shall have been issued. ed until taxed. (5632.) SEC. 37. No Sheriff or Attorney shall collect any Not to be collectfees, after having been required as aforesaid to have the same taxed, without such taxation having been made. foreclosure of (5633.) SEC. 38. The costs and expenses of foreclosing any Taxing costs of mortgage by advertisement, shall be taxed by some officer Mortgage. authorized to tax costs in a Circuit Court, upon the requisition of any party liable to pay the same, and upon such party paying the expense thereof. officers. (5634) SEC. 39. Every officer authorized to tax costs in any Duties of taxing Court for services rendered in any proceeding authorized by law, shall examine the bills presented to him for taxation, Certain charges to be proved. Evidence of right whether such taxation be opposed or not, and shall be satisfied that the items charged in such bill are correct and legal; and shall strike out all charges for services, which, in his judgment, were not necessary to be performed. (5635.) SEC. 40. When there shall be charges in a bill of costs for the attendance of any witness, or for copies or exemplifications of documents or papers, or for any other disbursements, except to officers for services rendered, such charges for witnesses shall not be taxed without an affidavit stating the distance they respectively traveled, and the days they actually attended; and such charges for copies shall not be taxed without an affidavit that such copies were actually and necessarily used, or necessarily obtained for use; nor shall such disbursements be allowed without an affidavit specifying the items thereof particularly, nor unless they appear to have been necessary and reasonable in amount. (5636.) SEC. 41. If, upon the trial of any cause, the plaintiff's claim shall be reduced by set-off, or any other fact shall appear which will entitle either party to costs, or to double costs, the Judge holding the Court shall, on the application of either party, either before or after verdict rendered, cause an entry to be made in the minutes of the Court, specifying that such fact appeared; and no evidence shall be received by any taxing officer of such matter, other than a certified copy of such minutes, or the certificate of the Judge who tried the cause. CHAPTER CLXXV. OF THE FEES OF CERTAIN OFFICERS IN CIVIL CASES. SECTION 5636. Allowance of Fees. 5637. Fees of Clerks of the Circuit Courts. 5638. Of Clerks of the Supreme Court. 5640. Of Commissioners to take Testimony. SECTION 5642. Of Circuit Court Commissioners and other officers authorized to perform certain duties. 6643. Of Judges of Probate. 6544. Of Executors and Administrators. SECTION 5646. Of Sheriffs. 5647. Of Coroners and on Inquests. 5648. Of Constables. 5649. Of Notaries Public. 5650. Of Justices of the Peace. 5651. Of Registers of Deeds. 5652. Of Appraisers, Commissioners, etc. 5653. Of Jurors. 5654. Fees in the office of the Secretary of State. FRES FOR PUBLISHING IN NEWSPAPERS, LEGAL NOTICES 5655. Fees for Publishing insolvent notices. 5657. Fees for Publishing legal notices generally. 5658. Legal advertisements to be Published in County where proceedings are carried on. 5659. Repeal of certain Sections. GENERAL PROVISIONS. 6660. Special cases. 5661. Certain searches, etc., to be gratuitous. SECTION 5662. "Folio" defined. 5663. Extortion prohibited. 5664. When fees not to be taken. 5665. Penalty for violation of last two Sections. 5668. One draft only to be charged for. 5670. Fees paid for certified copies to be allowed 5671. Attorneys, etc., not allowed fees as Wit- 5672. Officer receiving fees to give receipt. 5675. Attorney need not follow case into another Chapter One Hundred and Fifty of Revised Statutes of 1846. fees. (5637.) SECTION 1. For the services mentioned in this chap- Allowance ● ter, hereafter done or performed in the several Courts in this 1840, p. 182, eta State, by the officers thereof, or in any proceeding authorized by law, the fees hereinafter prescribed shall be allowed. FEES OF CLERKS OF THE CIRCUIT COURTS. Circuit Courts. (5638.) SEC. 2. The fees of the Clerks of the Circuit Courts, Fees of Clerks of and Clerks of Counties, for any services herein specified, to be rendered by them respectively, shall be as follows: For issuing and sealing every writ when filled up by the Clerk, twenty-five cents; and each exemplification or certificate, when required, twelve cents; Entering the return of every writ, and filing such writ, twelve cents; Entering an appearance, retraxit, discontinuance, non-suit or default, twelve cents; Entering every rule in term, founded on motion, twelve cents for each folio; Entering every other rule, not exceeding two folios, six cents for each folio, and for every additional folio, four cents; For certified copies of rules, the same fees as for entering such rules; Fees of Clerks of Every report upon an assessment of damages, or other matters referred to him, twenty-five cents; Every certificate, thirteen cents; but not to be allowed for certifying any paper to be a copy, for the copying of which he shall be paid; Calling and swearing a jury, twenty-five cents; Swearing each witness on trial, six cents; and swearing every constable to take charge of a jury, twelve cents; Entering special bail, thirteen cents; Entering every cause in a calendar for the Court, and making a copy thereof for the bar, six cents; Entering every cause or suit without process, twenty-five cents; Receiving and entering a verdict, twelve cents; Certified copy of the minutes of a trial, when requested, twenty-five cents;, Entering every final judgment, twenty-five cents; Entering satisfaction of a judgment, twelve cents; Drawing a special jury in any cause, thirty-eight cents; Attendance in striking a special jury, certifying the names selected, and delivering such certificate to each party, fifty cents; Reading and filing a habeas corpus, certiorari, or writ of error, twelve cents; For a subpoena, summons, capias or execution, when issued by a clerk on request, and for sealing the same, twenty-five cents; Filing a declaration or other pleading, an affidavit or other paper or proceeding, six cents; all papers annexed together, and filed at the same time, to be considered as one paper; and no allowance to be made for reading any paper or proceeding in any case; Copies and exemplifications of records and of pleadings, to be returned on certiorari or writ of error; copies and exemplifications of all records, pleadings and proceedings, furnished on request, where no special provision is otherwise made, eight cents for each folio; Searching the records or files in his office, if a copy is not required, ten cents for the records or files of each year, except for officers of the Court; Receiving and filing the papers of any insolvent, twelve cents in each case; Copies of such papers, eight cents for each folio; Circuit Courts. To every County Clerk for attendance in canvassing the Fees of Clerks of votes given at any election, one dollar for each day, and five cents per mile for travel; For drawing all necessary certificates of the result of such canvass, thirteen cents for each folio; For recording such certificates, eight cents for each folio; Notifying every person appointed or elected to an office, when required by law, twenty-five cents; For administering the oath of office to any officer, and certifying the same, twelve cents; For determining and certifying the sufficiency of the sureties in any bond, required by law to be approved by him, twenty-five cents; For all services required by law to be performed by such clerks respectively, and not specially provided for by law, such fees as the Supreme Court shall, by general rule or order prescribe, corresponding, as near as may be, with the rates herein prescribed: Provided, That the gross amount of the fees of any Clerk of the Circuit or County Court, shall, in no case, exceed the following sums: In case of a judgment by cognovit or confession, two dollars: In any case wherein there is no appearance by the defendant, three dollars; and in any other case, eight dollars. FEES OF CLERKS IN THE SUPREME COURT. Supreme Court (5639.) SEC. 3. For drawing a writ of error or other Fees of Clerks of process issued under seal of the Court, thirty-seven and one half cents; For affixing the seal to any process of the Court, thirteen cents; For filing the papers sent at one time from a Circuit Court, thirteen cents; Reading and filing any petition relating to any proceeding in Court, eight cents; Entering the appearance or default of appellant or plaintiff, or of defendant or respondent, thirteen cents; Entering every rule or order, thirteen cents; For a certified copy of every such rule or order, and all papers, pleadings and proceedings filed with him, six cents for each folio; Entering every decree or sentence, six cents for each folio; |