[a 1814-(4) Sec. 2.] [b 1820-(4) Sec. 4.] For prosecuting or defending a mixed or real action, where For all sums under two hundred dollars, (in the superior court) court. 20 00 In all cases decided in the supreme court, the successful party shall be entitled to the same fee which is now allowed in chancery causes, [c 1815-(12) in the circuit court: and the party prevailing in any suit which may Sec. 4.] Successful be brought in any of the courts in this territory, shall be considered as entitled to the tax-fee allowed the attorney, and recover the same against the party cast in the suit. party entitled to tax. fee. [1828-(33) Sec. 1.] Fees for pro secuting to conviction slave charg. ed with capi tal offence. Ib. Sec. 11. taxed in the TO THE ATTORNEY GENERAL AND SOLICITORS.1 The attorney general and the several solicitors, shall receive the same fees for prosecuting to conviction, any slaves charged with capital offences, as now allowed by law in other cases, and the same shall be paid out of the fund provided for the payment of slaves punished capitally: Provided, That no fee for any one conviction shall exceed ten dollars; and no fee shall be allowed by the comptroller, unless the same is certified to be correct by the judge who may preside at the trial. § 2. The fees herein allowed, shall be taxed and allowed in the bill of costs in all suits where the services respectively shall have been bill of costs. rendered, but not more than one copy of any matter shall be allowed in the bill of costs, neither shall the clerk tax more than one attorney's fee in the bill of costs, although more attorneys than one may have been employed on the same side in the suit; and if any plaintiff or defendant, his or her attorney, shall take out copies of his or her own declaration or pleadings, or of his or her own papers in any cause, or of any common order made in such cause, the charge of such copies shall not be allowed in the bill of costs, although such party re Ib. Sec. 12. sheriffs to keep fee book. covers. § 3. And to the end that all persons chargeable with any of the fees Clerks and aforesaid, may certainly know what the same was charged, every clerk and sheriff shall keep a fee-book, which in case of the clerk shall be considered, and is hereby declared to be, one of the books belonging to his office, and shall enter therein in a regular account to be opened for that purpose, every fee for each and every district service by him rendered, charging for every particular article in words at full length, in the same manner as the fees aforesaid; and the said fee book shall be free for the inspection of every person wishing to see the account of fees charged against him therein; and there shail be a regular index made to such book, pointing to the folio, in which the respective accounts are contained; and no clerk or sheriff shall be allowed to take or demand any fee for any service by him performed, which shall not be justified by the charge made, and entered in his fee book as aforesaid. Ib. Sec. 13. be produced. § 4. None of the fees hereinbefore mentioned, shall be payable Bill of fees to by any person whatsoever, until there be produced, or ready to be produced unto the person owing or chargeable with the same, a bill, or account in writing, containing the particulars of such fees. signed by the clerk or officer to whom such fee shall be due, or by whom the same is chargeable, respectively; in which bill or account. shall be expressed, in words at length, as the fees aforesaid are allow 1 See "Attorney General and Solicitors." ed by this act, every fee for which money shall be demanded; and in all cases where any person shall be presented or indicted by the grand jury, and shall be discharged from such presentment or indictment, neither the clerks nor sheriffs shall charge fees for the same, but it shall be deemed to be included in the public services; but if the party or parties so presented or indicted, shall be convicted, the clerk and sheriff shall charge him, her, or them, with all fees accruing thereon. b. Sec. 14. ing fees un Officers tak lawfully, to 5. If any officer before named, shall take greater or other fees than are hereinbefore allowed them, for any service to be done in his office, or shall demand and take any of the fees aforesaid for services refund fivenot actually rendered, the officer so offending, shall forfeit and pay to fold. the party injured, five times the sum so unlawfully demanded and taken, to be recovered before any court having cognizance of like sums. Sec. 8. tion for fees, 6. It shall be lawful for the clerks of the several courts within this 1807—(14) territory, when suits are determined and fees not paid by the party Clerks to isfrom whom they are due, to make out executions, directed to the sue execu sheriff of the county where the party resides, and it shall be lawful when not for the registers of the several orphans' courts to make out executions paid. in like manner for the fees that may become due the officers of said courts, by virtue of this act, directed to the sheriff of the proper county; and the said sheriff shall levy the same, by virtue of said execution as in other cases, and to the said execution shall be annexed a copy of the bill of costs, of the fees on which such execution Bill of fees to shall issue, written in words at length, without any abbreviation what- to execution. ever; and all executions issuing without the copy of such bill of costs, shall be deemed illegal, and no sheriff shall serve or execute the same. be annexed Sec. 1. No commis. §7. It shall not be lawful for any constable, sheriff, or coroner, 1823—(30) in this state, to calculate, exact and collect, commissions on the costs taxed on any execution or executions put in their hands; but shall sions allowonly demand and collect the commissions allowed by law on the prin- lecting costs. cipal, damages, and interest. ed for col Law of costs, penal. Clerks to post 8. The law of costs shall be deemed and held as a penal law, Ib. Sec. 3. and no fees shall be taken, but in cases expressly provided for by law. 9. It shall be the duty of the several clerks of the circuit and county courts of this state, to have and keep posted up in a conspi- 1829—(9) cuous place in their respective offices, a complete list of all the fees Sec. 1. allowed by law to the clerks of the circuit and county courts of this up in their state, and to the sheriffs; and shall also keep a copy ready to be pro- of clerks' and duced on the application of any person who may wish to see the same; sheriffs' fees. and on failing to comply with the provisions of this act, such clerk or clerks, so failing, shall not be authorised to receive or collect any fees for any services rendered during the time of such failure. TO JUSTICES OF THE PEACE. offices a list 10. Justices of the peace shall be entitled to demand the follow- 1829—(2) ing fees for their services, and not other or more, to wit: For celebrating the rights of matrimony, For warrant to apprehend a person or persons charged with an offence against the state, For a search or peace warrant, For a warrant in civil cases, and proceedings thereon to judg ment, For a warrant in qui tam cases, and proceedings thereon to judgment, 25 374 50 For every subpoena for witness or witnesses, For each appeal, including bond and certifying proceedings, For administering an oath, and certifying the same, For taking depositions by virtue of a dedimus potestatem, for For every necessary certificate, not otherwise provided for by law, For docketing each cause, For each judgment on a forthcoming bond, or summary pro- For a transcript of proceedings when required, other than For issuing a venire facias, to try the right of property, For summons and certificate of appraisement of estray or 12 37 1.00 371 25 25 75 25 121 10 For each notice or scire facias, or summons in the nature For making a return to a certiorari (other than in cases of 50 Ib. Sec. 2. § 11. Justices of the peace shall be entitled to demand and receive the following fees, in cases of forcible entry and detainer, forcible detainer, and unlawful detainer, viz: For every summons, Justices' fees For every venire facias, in forcible entry and de For entering copies of complaint, summons, venire facias, and evidence offered and rejected, and received when objected to, Ib. Sec. 3. For return to every certiorari, TO CONSTABLES. § 12. It shall not be lawful for constables to demand or receive Constables' any other fees, for their services, than such as are hereinafter men For summoning each witness, For serving search, peace, or other state warrant,, For whipping a slave (to be paid by the owner) by order of justice of the peace, 50 25 50 10 75 50 50 50 1 00 For summoning a coroner's inquest, (to be paid by the county,) $2 00 paid by the county) per day, For serving each notice, on each person therein named, For taking bail bond, bond for the forthcoming of property, or For keeping property levied on, such sum as the justice believes just and reasonable, out of the money in the hands of said constable, arising from a sale of said property, or received by reason of said levy. 1 50 25 50 50 § 13. Any other service performed by any justice or constable, for Ib. Sec. 4. which no fee is allowed in this act, shall be considered ex officio, and no fee allowed, had, demanded, or received for the same. Other servi ces, ex officio. Sec. 1. lawfully lia § 14. If any sheriff, coroner, clerk, constable, justice of the peace, 1829—(14) or other officer, shall wilfully and knowingly take, accept, or receive, officers tak any other or greater fees than are or may be allowed by law, for any- ing fees unthing done by virtue of his office, or shall take, accept, or receive the ble to indictfees allowed by law before they are due, or for services not rendered, ment. every officer so offending shall be subject to indictment in the circuit court of the proper county, and on conviction, be fined in such sum as may be assessed by the jury trying the same, which fine shall not be less than five times the amount so wilfully, knowingly, and wrongfully taken. FENCES AND ENCLOSURES. Cattle, &c., sures. 1. Ir any horses, mares, mules, cattle, hogs, sheep, or goats, 1907-(2) shall break into any grounds, enclosed with a strong and sound fence, breaking infive feet high, well staked and ridered, or sufficiently locked, and so to enclo gclose that the beasts breaking into the same could not creep through, which shall be deemed a lawful fence; the owner of such horses, What a law. mares, mules, cattle, hogs, sheep, or goats, or any of them, shall for the first trespass so committed, make reparation to the party injured, for the true value of the damage he shall sustain; and for every trespass afterwards, double damages; to be recovered with costs, in any court of record. ful fence. the fence, §2. The condition of the fence, at the time the trespass was com-Condition of mitted, may be proved to a jury upon trial; and upon complaint made how proved. by the party injured, before any justice of the peace of that county wherein such trespass shall be, such justice is hereby empowered and required to issue his order, without delay, to three honest and respectable house-holders of the neighborhood, no ways related to the partes injured, nor interested concerning the trespass, reciting the complaint, and requiring them to view the fence, where the trespass is complained of, and to take memorandums of the same. And their testimony in such case, shall be good evidence to the jury, touching the lawfulness of the fence. tle that tres sufficient §3. If any person injured for want of such sufficient fence, shall Penalty for hurt, wound, lame, kill, or destroy, or shall cause to be hurt, wound-injuring cated, lamed, killed, or destroyed, by shooting, hunting with dogs, or pass on inotherwise, any of the kind or breed of horses, mules, cattle, sheep, fence. hogs, &c.; he or she so offending, shall satisfy and pay the owner of the beasts so hurt, wounded, lamed, killed, or destroyed, double damages, with costs, recoverable as aforesaid: Provided nevertheless, That Partition fences. if the party liable to damages, as aforesaid, in either case, will abide by and pay what shall be deemed reasonable by three neighbors, indifferently chosen to assess the same, it shall be a bar against such suit. § 4. For the better ascertaining and regulating of partition fences, it is hereby directed, that where any neighbors shall improve lands adjacent to each other; or where any person shall enclose any land, adjoining to another's land already fenced in, so that any part of the first person's fence becomes the partition fence between them; in both these cases, the charge of such division fence, so far as enclosed on both sides, shall be equally borne and maintained by both parties. To which, and other ends, in this law mentioned, each county court shall nominate and appoint, so many honest and able men, as they shall think fit, for each county respectively, to view all such fences, about which any difference may happen or arise. And the aforesaid persons, in each county respectively, shall be the sole judges of the charge to be borne by the delinquent, or by both, or either party; and of the sufficiency of all fences, whether partition fences, or others. And where they judge any fence to be insufficient, they shall give notice thereof to the owners or possessors; and if any one of the said owners or possessors, upon the request of the other, and due notice given by the said reviewers, shall refuse to make or repair the said fence or fences, or to pay the moiety of the charge of any fence before made, being a division fence, within ten days after notice given; then, upon proof thereof before two justices of the peace of the respective counties, it shall be lawful for the said justices to order the person aggrieved and suffering thereby, to repair the said fence or fences, who shall be reimbursed his costs and charges, from the per son so refusing to make good the said partition fence or fences, and the said costs and charges shall be levied upon the offender's goods and chattels, under warrant from the said justice, by distress and sale thereof; the overplus, if any, to be returned to the party offending. Enclosure by § 5. Nothing herein contained shall be intended to prevent or deber any person or persons, from enclosing his or their grounds, with suf hedges, &c. ficient walls or pallisadoes, or by dikes, hedges, and ditches:-all such walls, and pallisadoes to be in height, at least five feet from the ground; and all such dikes to be at least three feet in height from the bottom of the ditch, and planted or set with thorn or quickset; so that such enclosures shall fully answer and secure the several purposes meant to be answered and secured by this law: Provided also, That such walls and pallisadoes, and dikes, hedges, and ditches, shall be subject to all provisions, inspection, and restrictions respectively, to which, by this law, any other enclosure or fence is made liable, ac cording to the true intent and meaning thereof. pallisadoes, dikes, Con. Ala. FINANCIAL DEPARTMENT. 1. Accounts and disbursements. 1. ACCOUNTS AND DISBURSements. § 1. No money shall be drawn from the treasury, but in conse Art. 6, Sec. 7. quence of an appropriation made by law; and a regular statement and |