Act of 1831-2, ch. 68.

9. Which several fees shall be charged by the said clerks respectively, to the party at whose instance the business shall be performed, except the fees for entering the attendance of witnesses, copying same, and for the proceedings had by attachment to compel the payment of such attendance; which shall be charged to the party for whom the witness attended.

10. Wherever any act of assembly shall require particular services to be performed by any clerk, and fix the fees for such services, the clerk shall receive the fees allowed by such act, unless the services be herein before particularly mentioned and specifically provided for; and no fee whatever shall be charged or allowed by implication.

Public Services.

11. 4. The clerks of county and corporation courts shall receive, for attending a court for the examination or trial of offenders, if a court be held for that purpose, three dollars and fifty cents, to be paid by the public; and for all other public services, viz: entering and issuing copies of orders, for appointing surveyors of highways, appointing constables, grand juries, taking a list of tithables, binding out poor orphans, and appointing guardians, entering the levy, and copies thereof; and of the list of tithables, for the collector, and for entering and issuing the orders, except against guardians when they shall stand out in contempt, to be charged to such guardian, and issuing orders for recommending sheriffs, and justices, for qualifying commissioners of the revenue, making entry of their appointment, and taking bond; for taking bond. from constables, and qualifying all sheriffs and deputy sheriffs, and for processioning, and all other public services for which no particular fee is allowed, such sum to be levied annually by the justices of the county or corporation, as they may think reasonable, not exceeding one hundred dollars.(2)

12. 5. For services rendered the commonwealth in civil suits, the clerks of circuit superior courts shall receive the same fees as are by law allowed for similar services in controversies between individuals; and their fee bills against the commonwealth for the same, after being first examined and certified by their respective courts, shall be paid out of the treasury, on a warrant from the auditor: and for services rendered the commonwealth in criminal prosecutions, the said circuit superior courts shall make such allowance to the clerks of their respective courts, as may be deemed reasonable provided the same shall not exceed thirty dollars for any one year, except where a higher compensation to any clerk is specially authorized by law.

13. § 6. Wherever the commonwealth shall recover costs in any case, and fees of the clerk shall be taxed as a part thereof, there shall be taxed the fees allowed by this act.

fee of one dollar, to be paid to him before such license is delivered."

By act of March 11, 1834, c. 68, § 10, p. 81, clerks of corporation courts are allowed to demand and receive of every free negro or mulatto, registered by order of the corporation court, a fee of fifty cents for the renewal of any such register.

By act of March 22, 1836, Ses. Acts 1835-6, c. 60, p. 41, clerks of the several county and corporation courts of this commonwealth may, and are authorized, to demand and receive (for the services performed by them under the act requiring them to keep process books,) "the same fees that are now allowed to the clerks of the circuit

superior courts of law and chancery for the like services, to be collected in the same manner. See ante, No. 6, also, Sup. R. C. p. 163-164, § 73-74, making provision for payment of postage for process transmitted or received by mail.

By act of Feb. 19, 1840, c. 55, § 2, p. 48, clerks are authorized to record again, records that have been mutilated or destroyed; and the same fee is allowed as was chargeable for making out the first record.

(2) See act of April 6, 1838, c. 89, Ses. Acts, p. 70, as to the clerk of the hustings court of Richmond; "not exceeding three hundred dollars."

Act of April 8, 1831, ch. 23, p. 80.

14. 2. Hereafter it may be lawful for any clerk immediately after the final decision of any cause, to issue his tickets for any fees due him from the parties to said cause, any law to the contrary heretofore, notwithstanding: Provided, That nothing in this section contained, shall be construed to prevent the clerks of the several counties of this commonwealth from delivering their accounts of fees to the proper officer for collection, as now authorized by law. 15. 3. If any clerk shall issue any fee-bill or ticket against any person or persons for any service not rendered to or for him, her or them, or shall, for any services rendered, charge him, her or them with any greater sum than such clerk shall be entitled to charge him, her or them, every clerk shall forfeit and pay to the party aggrieved, at least twenty dollars and the costs, to be recovered by motion on ten days notice in any court of record having jurisdiction thereof. 16. § 4. It shall be lawful for the superior and inferior courts of the county or corporation in which any clerk shall officiate, upon the complaint of any person aggrieved, without notice in the case of a clerk then in office, and upon ten days notice in all other cases, to quash any fee-bill or ticket, issued by such clerk contrary to the provisions of this or any other act of the general assembly.

Act of March 2, 1819-January 1, 1820. R. C. ch. 85.

17. 2. The commissioner or commissioners of the superior courts of chancery, and of the county and corporation courts, may issue their tickets for the sums allowed by the said courts for services performed by them under the orders of the said courts, and deliver them to the respective sheriffs and serjeants, at the same time the clerks of said courts are directed by law to deliver their tickets; and the several sheriffs and serjeants shall collect and account for them in the same manner, and under the like penalties, and shall have the same allowance for collecting and for insolvencies, as are prescribed in the case of the clerks of the said courts respectively. 1789. c. 35; 1792, c. 115, R. C.; 1806, c. 67, ed. 1808.

18. § 3. Parties not allowed in bill of costs, for copies of their own pleading, papers, &c., and but one copy of the pleadings, &c. of an adversary, allowed in bill of costs, though there be several attorneys; and the costs of entering the appearance of but one attorney shall be allowed. 1745; 1792, c. 115, R. C.

19. § 7. None of the fees herein before mentioned shall be payable by any person whatsoever, until there shall 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 fees shall be due, or by whom the same shall be chargeable respectively, in which said bill or account shall be expressed, in words at length, and in the same manner as the fees aforesaid is allowed by this act, every fee for which any money or tobacco is or shall be demanded. Ibid.

20. § 8. To the sheriff or serjeant, (as the case may be.)(4) For an arrest, bond and return, 80 63; returning a capias non est inventus, 0 21; serving a scire facias, 0 30; serving any person with an order of court, and making return thereof, 0 30; serving a subpoena in chancery, 0 30;† serving a subpæna for a witness in any cause in court, except summoned in court, 0 21;

(4) See act of April 16, 1831, Ses. Acts 1830-31, c. 8, Sup. R. C. c. 109, § 56, p.

156.

By act of March 19, 1839, c. 63, § 3, p. 41, the fee or charge for executing a subpana in chancery, whether an injunction or order to attach the effects of an absent debt

or or not be endorsed thereon, issued from any of the courts of this commonwealth, shall hereafter be fifty cents for each defendant upon whom the same may be executed and no more, any law or usage to the contrary notwithstanding.

Act of March 2, 1819-January 1, 1820. R. C. ch. 85.

summoning an appraiser, auditor, viewer or witness to any deed, will or wri-
ting, if required to be summoned, but not else, 0 21; summoning and impan-
nelling a jury, in every cause wherein a jury shall be sworn, 1 05; for coming
to and attending the superior court of law, with the venire, and return of the
venire facias, (to be paid by the public,) and for attending the superior court
of law with stolen goods, where there is no venire, for each day, 1 00; for
summoning the justices of the county and attending a court for the examina-
tion of a criminal, (to be paid by the public,) 4 20; for removing every cri-
minal from the county or corporation jail, for every mile, 0 10; for removing
a debtor by habeas corpus, from the county jail to a circuit jail, for every mile,
004; for summoning a jury upon an inquisition, survey, writ of dower or
partition, if the jury appear, 3 15; if they do not appear, 1 57; for making
a return of a writ of dower, partition, or in the nature of an ad quod damnum,
1 05; for every day's attendance upon a jury, in the country, after they are
sworn, or attendance upon a surveyor, when ordered by a court, 1 05; for
serving a writ of habere facias seisinam, or habere facias possessionem, 1 05;
for serving an attachment upon the body, 0 63; for serving a writ of distringas,
issuing from a judgment in detinue, when the specific thing shall be taken,
1 05; for serving a declaration in ejectment, if against one tenant, 0 63; if
against more tenants than one, for serving it on every other tenant, 0 30; for
taking bond or bonds to the creditor, under the act, entitled "An act, &c. con-
cerning executions and insolvents," 0 63; for proceeding to sell on any execu-
tion on behalf of the commonwealth, or of any individual(a) if the property
be actually sold, or the debt paid,(b) the commission of five per centum on the
first three hundred dollars, or ten thousand pounds of tobacco, and two per
centum on all sums above that, and no other commission, fee or reward shall
be allowed upon any execution, except for the expense of removing and keep-
ing the property taken. Oct. 1765, c. 22, § 8,
Oct. 1765, c. 22, § 8, 8 Stat. Larg. 122.

21. 9. Sheriffs, serjeants and coroners may include the like commissions(c)
in any forthcoming bond taken on a writ of execution, but shall not demand
or receive the same, unless such bond be forfeited; (d) for serving an attach-
ment, or for making distress upon the goods exceeding ten dollars, if sold, the
same fee as for serving an execution, where the goods do not exceed that value,
or are not sold, $0 63; for every garnishee summoned on such attachment,
0 21; for executing any writ of distringas or attachment on a decree in chan-
cery, the same fee or commission upon the amount of the value of the goods
and chattels recovered, or money mentioned in such decree, as is by law al-
lowed for serving any other execution; for serving and returning a general or
superior court of law writ, summons or order, where the same is not compre-
hended in any of the foregoing articles, 0 63; for making a proclamation as
the law directs, in proving of wills or proceeding to outlawry, 0 42; for sell-
ing a servant at public outcry by order of court, and all fees incident, 0 42;
for keeping and providing for a debtor in jail, each day, not exceeding [0 33
(19 Feb. 1822, c. 8;)] for pillorying any person, 0 42; putting into the stocks,
0 21; ducking any person, 0 42; for putting in prison and releasement, 0 42;
for executing every condemned person, and all fees incident, 5 25; for each
notice on a replevy bond, and on all legal occasions wherein no fee is provided
by law, 0 50; for all public services of the sheriff, to be levied annually, by
the justices of the county, such sum as they may think reasonable, not ex-
ceeding seventy-five dollars.'*

6

(a) (b) See Bullitt's ex'r v. Winstons, 1 Munf. 282; Milne v. Davis, 2 Binney, 137. (c) (d) See tit. EXECUTIONS, notes (s) (w).

*See act of April 6, 1838, c. 89, Ses. Acts p. 70, as to the serjeant of the city of Richmond, "not exceeding two hundred dollars."

Commons commissions accessed to sam with Sch. twat Lalith

Act of March 2, 1819-January 1, 1820. R. C. ch. 85.

22. To the coroner.

For serving any original or mesne process issu

any court, $1 00; for summoning a witness in any cause, 0 30; for taki inquisition on a dead body,(5) (to be paid out of the estate of the deceased,,(a) if the same be sufficient, if not, by the county, 5 00; for all other business, the same fees as are allowed the sheriff for the same services.

10, 2 Stat. Larg. 419; Feb. 3, 1810, c. 15.

Act of March 2-April 1, 1821, ch. 32.

Oct. 1677, act

23. To constables. For serving a warrant, $0 30; for summoning a witness, 0 21;(1) for summoning a coroner's jury and witnesses, 3 15; for putting in stocks, 0 42; for whipping a slave, (to be paid by the owner,) 0 50; for serving an attachment, returnable before a justice, 0 63; for serving a warrant of distress, 0 63; for serving an attachment for rent, 0 63; for every bond taken from the purchaser on a sale for a distress for rent, 0 63; for removing every person suspected of being chargeable to the county, to be paid by the overseers of the poor, for every mile, 004; the same for returning; for carrying any person to jail on a warrant from a justice, for every mile, 0 10; for arrests in criminal cases and summoning witnesses, the same fees as are allowed sheriffs in civil cases for like services, to be paid out of the public treasury; for constables and guards employed in conveying prisoners to the county jail, the same allowances as are made to sheriffs and guards removing prisoners to the penitentiary, to be paid out of the public treasury; for taking a replevy bond on levying a distress for rent, to be included in such bond, 0 63; for selling property taken by execution or attachment, when the amount does not exceed five dollars, 0 25; when the amount exceeds that sum, five per centum on the balance; and when the property is not sold, but the money paid to him, the same fees as if sold. See tit. CONSTABLE, No. 7.

Act of March 22, 1836, Ses. Acts 1835-6, ch. 70, p. 47.

24. § 1. In all cases of arrest for crime and misdemeanour, if it shall be proved to the satisfaction of the court of the county or corporation, that the officer and guards employed in such arrest were necessarily engaged for a longer period than one day before the examination and commitment of the offender, it shall be lawful for the said court to make a reasonable allowance for the expenses of said officer and guards, not exceeding to each fifty cents per diem; which said allowance shall be certified and paid as other criminal charges are now certified and paid.

Act of March 16, 1840, ch. 51.

25. § 1. To notaries. For each act of protestation, including attestation, under the seal of his office, and publication, 50 cents; and for recording the same, 50 cents, and no more.

Act of March 2, 1819-January 1, 1820. R. C. ch. 85.

26. 14. To commissioners in chancery. For copies of reports, or such other papers, as the parties in the suit referred to them may require, the same fees as the clerks of the respective courts, from which they receive their appointments, are authorized by law to charge for similar services; to be in

(5) See ante, tit. CORONER, No. 7, note (b). (a) Suppose the deceased be a slave? (1) All charges for summoning and attendance of witnesses on behalf of free persons

shall be charged to and paid by them, and not by the commonwealth. Act February 12, 1829, c. 16, § 2, Ses. Acts, p. 22, Sup. R. C. p. 264.

Act of March 2, 1819-January 1, 1820. R. C. ch. 85.

like manner collected and accounted for: Provided, That such charges shall be confined to the services for which no allowance is or shall be made by the rules of their respective courts; and such fees, being certified to the respective clerks, shall be taxed in the bill of costs, if the same would have been so chargeable in case the same services had been performed by such clerks.(3)

27. 15. The clerks of the general court, court of appeals, superior courts of chancery, and superior courts of law, shall cause to be set up in some public place in their offices, and there constantly keep, a fair table of their fees herein before mentioned, on pain of forfeiting forty dollars for every court day the same shall be missing through their neglect; and the clerk of every county [Sept. 1696, act 12, 3 Stat. Larg. 153] and corporation court shall in like manner set up a fair table of all other fees herein before mentioned, in the courthouse of his county or corporation, to be there constantly kept, on pain of forfeiting twenty dollars for every court day the same shall be missing through his neglect; and the surveyor of every county shall also cause to be set up, in some public place in his office, and there constantly kept, a fair table of his fees herein before mentioned, on pain of forfeiting three hundred dollars. All which penalties shall be to the person or persons who shall inform or sue for the same, and shall and may be recovered in any court of record within this commonwealth, by action of debt or information, or by warrant before a justice of the peace as the case may be. 1745; 1792, c. 115, R. C.

28. § 16. It shall not be lawful for any clerk to place any fee bill in the hands of any sheriff, or demand or receive any fee for a copy of any writ, declaration, bill or other pleading or proceeding, or for a copy of any judgment or decree, or of costs in any cause, unless such copy hath actually been made out at the request of the party, or of his agent or attorney. Nor shall any clerk place any fee bill in the hands of any sheriff, or demand or receive any fee for making up a complete record in any cause, wherein it shall be necessary, until he shall actually have made up such record: Provided, That nothing herein contained shall be so construed as to prevent witnesses from obtaining copies of orders for their attendance, or to prevent clerks from taxing in the bill of costs, or executions, to be recovered by the successful party, the fee for making up records, as heretofore, nor shall this act extend to copies of records necessary in cases of appeal, writ of error, or supersedeas. 1805, c. 61, ed. 1803.

29. § 17. If any officer shall hereafter claim, charge, demand, exact, or take any more or greater fees for any writing, or other business by him done, within the purview of this act, than herein before set down and ascertained; or if any officer whatever shall charge or demand, and take any of the fees herein before mentioned, where the business for which such fees are chargeable shall not have been actually done and performed, (to be proved by the fee book of such officer, upon his corporal oath,) such officer, for every such offence, shall forfeit and pay to the party injured, besides such fee or

(3) See act of March 7, 1826, c. 15, Sup. R. C. c. 103, § 3, p. 131, prescribing the compensation to commissioners for stating and settling accounts.

See also act of April 16, 1831, Ses. Acts 1830-31, c. 8, Sup. R. C. c. 109, § 76, p. 164, declaring that the fees of commissioners in chancery shall be regulated by the laws then in force regulating the fees of commissioners of the old chancery courts.

See act of February 7, 1827, Ses. Acts

1826-7, c. 20, p. 19, Sup. R. C. c. 116, p. 176, ascertaining the fees of commissioners in chancery for the county courts, allowing not exceeding fifty cents per hour for time necessarily occupied, to be fixed by the county courts at their annual levy court; the said fees to be taxed in the bill of costs, and collected as prescribed by law for the collection of the fees of commissioners appointed by the superior courts of chancery.