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hundred items, one dollar and fifty cents; for each additional item, two cents; for recording all papers, per folio, fifteen cents; for copies of all papers not otherwise specified, per folio, twelve cents; for every certificate under seal, not otherwise specified, fifty cents: Provided, That in all cases where the estate does not exceed two hundred dollars in value the register of wills shall receive no fees, and where the estate does not exceed five hundred dollars in value the fees shall not exceed ten dollars: Provided further, that the court may allow to the register reasonable fees for any service he may render not specified in the preceding section.--Act of June 30, 1902 (32 Stat., Part I, p. 541).

(Repealed.) (Sec. 1111. FEES APPERTAINING TO THE PROBATE COURT.-The fees shall be those now prescribed by section nine hundred and thirty-one of the Revised Statutes of the United States, relating to the District of Columbia, and by orders of the said probate term under section nine hundred and thirty-two of the said Revised Statutes, except that in all cases when the estate does not exceed two hundred dollars in value the register of wills shall not receive any fees; and when the estate does not exceed five hundred dollars the fees of the register of wills shall not exceed ten dollars: Provided, That for any services required of the register of wills, as clerk of the probate court, for which no fees are specified by statute, he may be allowed to collect the fees prescribed by this code to be collected by the clerk of the supreme court of the District

of Columbia for similar services. ] R. 8. U. 8., 828. Sec. 1112. MARSHAL'S FEES.–For the service of any

warrant, attachment, summons, capias, or other writ (except execution, venire, or a summons or subpæna for a witness), one dollar for each person on whom service may be made: Provided, however, That for the service of any citation, summons, notice, or rule issued by the probate court the fee shall be fifty cents for each person on whom service may be made.

For the keeping of personal property attached on mesne process, such compensation as the court, on petition setting forth the facts under oath, may allow.

For serving venires and summoning every twelve men as grand or petit jurors, four dollars, or thirty-three and one-third cents each.

For holding an inquisition or other proceeding before a jury, including the summoning of a jury, five dollars.

For serving a writ of subpæna on a witness, fifty cents; and no further compensation for 9 copy, summons, or notice for a witness.

For summoning appraisers, fifty cents.

For executing a deed prepared by a party or his attorney, one dollar.

For drawing and executing a deed, five dollars.

For copies of writs or papers furnished at request of any party, ten cents a folio.

For every proclamation in admiralty, thirty cents.

For serving an attachment in rem or libel in admiralty, two dollars.

1

excess

of

For the necessary expenses of keeping boats, vessels, or other property attached or libeled in admiralty, not exceeding two dollars and fifty cents a day.

When the debt or claim in admiralty is settled by the parties without a sale of the property, a commission of one per centum on the first five hundred dollars of the claim or decree, and one-half of one per centum on the

any sum thereof over five hundred dollars: Provided, That when the value of the property is less than the claim such commission shall be allowed only on the appraised value thereof.

For sale of vessels or other property under process in admiralty and for receiving and paying over the money, two and one-half per centum on any sum under five hundred dollars, and one and one-half per centum on the excess of any sum over five hundred dollars.

For disbursing money to jurors and witnesses and for other expenses, two per centum.

For expenses while employed in endeavoring to arrest under process any person charged with or convicted of crime, the sum actually expended, not to exceed two dollars a day.

For every commitment or discharge of a prisoner, fifty cents.

For transporting criminals convicted of a crime in the District to a prison in a State or Territory designated by the Attorney-General, the reasonable actual expense of transportation of the criminals, the marshal, and the guards, and the necessary subsistence and hire.

For attending court and bringing in and committing prisoners and witnesses during the term, five dollars å day.

For attending examinations before a commissioner and bringing in, guarding, and returning prisoners charged with crime, and witnesses, two dollars a day, and for each deputy, not exceeding two, necessarily attending, two dollars a day.

For fuel, lights, and other contingencies that may accrue in holding the courts, the amount of his expenses necessarily incurred.

For levying upon leasehold or freehold property in land and selling the same, a commission of one and one-half per centum on the proceeds to the amount of the debt.

For levying upon leasehold or freehold property in land where no sale thereof is made, one dollar.

For levying upon personal property and selling the same, a commission of three per centum on the proceeds to the amount of the debt and the reasonable cost for storage, keeper, insurance, advertising, and auctioneer.

For levying upon personal property where no sale thereof is made, two dollars and fifty cents and the reasonable cost for storage, keeper, and insurance incurred for the preservation of the same: Provided, That the court on notice to all parties in interest, may allow additional compensation.

Ib.

Sec. 1113. COMMISSIONERS' FEES.-Drawing a complaint, with oath and jurat to same, fifty cents; copy of complaint, with certificate to same, thirty cents.

Issuing a warrant of arrest, seventy-five cents.

Issuing a commitment and making copy of same, one dollar.

Entering a return, fifteen cents.

Issuing a subpæna or subpenas in any one case, with five cents for each necessary witness in addition to the first, twenty-five cents.

Drawing a bond of defendant and sureties, taking acknowledgment of same, and justification of sureties, seventy-five cents.

Administering an oath (except to witness as to attendance and travel), ten cents.

Recognizance of all witnesses in a case when the defendant or defendants are held for court, fifty cents.

Transcripts of proceedings when required by order of court and transmission of original papers to court, sixty cents.

Copy of warrant of arrest, with certificate to same when defendant is held for court and the original papers are not sent to court, forty cents.

Order in duplicate to pay all witnesses in a case-for first witness, thirty cents, and for each additional witness, five cents, and for oath to each witness as to attendance and travel, five cents.

For hearing and deciding on criminal charges and reducing the testimony to writing, when required by law or order of court, five dollars a day for the time necessarily employed: Provided, That not more than one per diem shall be allowed in a case, unless the account shall show that the hearing could not be completed in one day, when one additional per diem may be specially approved and allowed by the court: Provided further, That not more than one per diem shall be allowed for any one day: And provided further, That no per diem shall be allowed for taking a bond or recognizance and passing on the sufficiency of the bond or recognizance and the sureties thereon when the bond or recognizance was taken after the defendant had been committed to prison upon a final commitment, or has given bond or been recognized for his appearance at court, or when the defendant has been arrested on a capias or bench warrant or was in custody under any process or order of a court of record.

For the examination and certificate in cases of the application for discharge of poor convicts, imprisoned for non-payment of fine, or fine and costs, and all services connected therewith, three dollars.

For attending to a reference in a litigated matter in a civil cause at law, in equity, or in admiralty, in pursuance of an order of the court, three dollars a day.

For taking and certifying depositions to file in civil cases, ten cents for each folio.

For each copy of the same furnished to a party on request, ten cents for each folio.

For issuing any warrant under the tenth article of the treaty of August ninth, eighteen hundred and forty-two, between the United States and the Queen of the United Kingdom of Great Britain and Ireland, against any parties charged with any crime or offense set forth in said articles, two dollars.

For issuing any warrant under the provision of the convention for the surrender of criminals between the United States and the King of the French, concluded at Washington November ninth, eighteen hundred and forty-three, two dollars.

For hearing and deciding upon the case of any person charged with any crime or offense and arrested under the provisions of said treaty or of said convention, five dollars a day for the time necessarily employed.

Such commissioners shall keep a complete record of all proceedings before them in criminal cases in a well bound book, which record book shall be delivered to and be preserved by the clerk of the supreme court of the District of Columbia on the death, resignation, removal, or expiration of the term of the commissioner, for which record the commissioner shall receive no compensation.

Sec. 1114. WITNESS FEES.-For each day's attendance in court or before any officer pursuant to law, one dollar 483; 5 D. C. App.; and twenty-five cents; and when a witness is subpænaed 530 Rstat. De in more than one cause between the same parties at the same term only one per diem compensation shall be allowed for attendance; and for traveling, at the rate of five cents per mile, coming and returning to and from the witness's place of abode, when summoned from without the District to testify in the courts of the District.

No officer of the United States courts shall be entitled to witness fees for attending before a court or commissioner where he is officiating.

Sec. 1115. JUROR'S FEES. That on and after the passage of this Act the per diem pay of each juror, grand or petit, in any court of the United States, shall be three dollars a day instead of two dollars a day as now provided by law.Act of June 21, 1902 (32 Stat., 269).

See also sec. 1609, jurors' fees, condemnations, &c.) N. B. The Comptroller of the Treasury decided June 28, 1904, that this provision applies to coroners' juries, District of Columbia.

(Repealed.) For actual attendance at court, two dollars a day during such attendance.

81254-11-19

In re will of

,

CHAPTER XXIX.

FRAUDS, STATUTE OF.

Sec. 492.

Johnson v. Trib

sec. 1.

25 D. C. App., 456; 11 D.C. APP.,

Sec. 1116. ESTATES CREATED BY PAROL.—Every estate in lands, tenements, or hereditaments for a greater term than one year attempted to be created by parol, or otherwise than by deed as provided in subchapter one of chapter sixteen, shall be an estate by sufferance.

Sec. 1117. ACTIONS TO CHARGE EXECUTORS, AND SO by, 27 D. C. App-, FORTH. No action shall be brought whereby to charge 1. ... App20095 any executor or administrator upon any special promise to 8 D. C. App:, 230; answer damages out of his own estate, or whereby to 10. C. App.3391; charge the defendant upon any special promise to answer 11 D. C. App., 1 for the debt, default, or miscarriage of another person, or 10 D. C. App., 379 to charge any person upon any agreement made upon con181 v. 9.9,972; 25 sideration of marriage, or upon any contract or sale of DLC. App:: 532; lands, tenements, or hereditaments, or any interest in or of 29 Car. 2, ch. 3, concerning them, or upon any agreement that is not to be

performed within the space of one year from the making thereof, unless the agreement upon which such action shall be brought, or some memorandum or note thereof, shall be in writing, which need not state the consideration, and signed by the party to be charged therewith or some other person thereunto by him lawfully authorized.

Sec. 1118. DECLARATIONS OF TRUST.-All declarations 1; 169 U.S.,398; 18 or creations of trust or confidence of any lands, tenements, b. Co. Kepp39032 or hereditaments shall be manifested and proved by some 165 8.9.,342 7 S writing signed by the party who is by law enabled to deD. C. App., 1; i clare such trust or by his last will in writing, or else they DS : DOCARP: 391

; shall be utterly void and of none effect. 16 D. C. App., 595; All grants and assignments of any trust or confidence of 29 Car:2, ch. 3, shall likewise be in writing, signed by the party granting

or assigning the same or by such last will or devise, or else shall likewise be utterly void and of none effect.

Where any conveyance shall be made of any lands or tenements by which a trust or confidence shall or may arise or result by the implication or construction of law, or be transferred or extinguished by an act or operation of law, then and in every such case such trust or confidence shall be of the like force and effect as the same would have been if this statute had not been made.

Sec. 1119. SALE OF GOODS.-No contract for the sale of App., 434.

any goods, wares, and merchandise for the price of fifty dollars or upward shall be allowed to be good except the buyer shall accept part of the goods so sold and actually receive the same or give something in earnest to bind the bargain or in part payment, or that some note or memorandum in writing of the said bargain be made and signed by the parties to be charged by such a contract or their agent thereunto lawfully authorized.

sec. 7.

Metzler v. Kaufman Co., 32 D, C.

Ib.

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