Legal advertisements to be pub where proceed forty-six, be amended so as to read as follows: "For publishing any other legal notice, or any order, citation, summons, or any other proceeding or advertisement required by law to be published in any newspaper, the costs of publishing such advertisement shall not exceed the rate of fifty cents per folio for the first insertion, and twenty-five cents per folio for each subsequent insertion. (5659.) SEC. 2. All legal advertisements shall be published lished in County in a newspaper printed in the county in which the proceedings ings are carried are carried on, if there be one, and if no newspaper be printed in such county, then such advertisements shall be published in a newspaper published in an adjoining county, or in a paper published nearest to said county in which such proceedings are had. Repeal of certain (5660.) SEC. 3. That sections twenty-seven, twenty-eight and twenty-nine, of chapter one hundred and fifty, of the Revised Statutes, be and the same are hereby repealed, and the foregoing section of this act shall stand as section twenty-seven of said statute. GENERAL PROVISIONS. Special cases. Certain searches, etc., to be gratu160LLS "Folio" defined. (5661.) SEC. 30. The allowance of any fees by this chapter, shall not apply to any case where special provision is otherwise made by law for any particular service, but the fees for such service shall be such as are provided in the statute requiring the service, or providing the compensation therefor. (5662.) SEC. 31. The Secretary of State, Auditor General, Treasurer, Attorney General and Commissioner of the Land Office respectively, shall be authorized to require searches in the respective offices of each other, and in the offices of the Clerks of the Supreme Court, of the several Circuit Courts, of the County Courts, of the Registers in Chancery or Registers of Deeds, for any papers, records or documents necessary to the discharge of the duties of their respective offices, and to require copies thereof, and extracts therefrom, without the payment of any fee or charge whatever. (5663.) SEC. 32. The term "folio," when used as a measure for computing fees or compensation, shall be construed to mean one hundred words, counting every figure necessarily used, as a word; and any portion of a folio, when in the whole draft or paper there shall not be a complete folio, and when there shall be any excess over the last folio, shall be computed as a folio.. hibited. be taken. (5664.) SEC. 33. No Judge, Justice, Sheriff or other officer Extortion prowhatsoever, or other person to whom any fees or compensa- 1844, p. 44. tion shall be allowed by law for any service, shall take or receive any other or greater fee or reward for such service, but such as is or shall be allowed by the laws of this State. (5665.) SEC. 34. No fee or compensation allowed by law, When fees not to shall be demanded or received by any officer or person for any 1844, p. 44. service, unless such service was actually rendered by him, except in the case of prospective costs hereinafter specified; but this section shall not prevent any officer from demanding any fee herein allowed for any service of which he is entitled by law to require the payment, previous to rendering such service. lation of last twe (5666.) SEC. 35. A violation of either of the two last sections Penalty for vioshall be deemed a misdemeanor; and the person guilty thereof Sections. shall be liable to the party aggrieved for treble the damages sustained by him. 1844, p. 44. vices not actually (5667.) SEC. 36. No fee shall be taxed for services as having charges for nerbeen rendered by any Attorney, Solicitor, Clerk, Sheriff or rendered. other officer, in the progress of a cause, unless such service was actually rendered, except when otherwise expressly provided. costs. (5668.) SEC. 37. Prospective costs may be charged and taxed Prospective for filing decree, and for one execution. be charged for (5669.) SEC. 38. Whenever any allowance is made for draft- one draft only to ing any process, pleading or proceeding, it shall be made for only one draft of the same, although several may have been issued and used. into draft not to part of draft. (5670.) SEC. 39. No record, writ, return, pleading, instru- Writings copied ment or other writing, copied into any proceeding, entry, be computed a process or suggestion, shall be computed as any part of the draft of such proceeding, entry, process or suggestion. (5671.) Sec. 40. The legal fees paid for certified of the depositions of witnesses, filed in any clerk's and of any documents or papers, recorded or filed in any public office, necessarily used on the trial of a cause, or on the assessment of damages, shall be allowed in the taxation of costs. copies Fees paid for ceroffice, allowed in taxa tified copies to be tion of costs. not allowed fees (5672.) SEC. 41. No Attorney, Solicitor or counsel in any Attorneys, ate., cause, shall be allowed any fee for attending as a witness in as Witnesses. such cause. Officer receiving fees to give receipt. Fees for administering oath of office. (5673.) SEC. 42. Every officer, upon receiving any fees for any official duty or service, shall, if required by the person paying the same, make out in writing and deliver to such person, a particular account of such fees, specifying for what they respectively accrued, and shall receipt the same; and if he refuse or neglect to do so, he shall be liable to the party paying the same for three times the amount so paid. (5674.) SEC. 43. No fee shall be charged by any officer, for administering the oath of office to any member of the Legislature, to any military officer, or to any township officer, and no more than twelve cents shall be charged for administering such oath to any other officer. SEC. 44, 45, 46. (i) Fees of Attorney for defending appointed by Court. 1 Mich. Rep., 461. An Act to Provide for Feeing an Attorney when appointed by the Court. [Approved February 14, 1857. Took effect May 18, 1857. Laws of 1857, p. 239] (5675.) SECTION 1. The People of the State of Michigan enact, criminals when That an Attorney appointed by a Court to defend a person indicted for any offence, on account of such person being unable to procure counsel, shall be entitled to receive from the County Treasury, on the certificate of the presiding Judge that such services have been duly rendered, one of the following fees: For defending in a case of murder, twenty-five dollars; in case of other felonies, ten dollars; in case of misdemeanors, five dollars. not follow case County, or into Attorney need (5676.) SEC. 2. An Attorney shall not, in such case, be into another compelled to follow a case into another county or into the Supreme Court. Supreme Court, and if he does so, may recover an enlarged compensation, to be graduated on a scale corresponding to the prices above allowed. Only one Attor ney to receive any one case. (5677.) SEC. 3. Only one Attorney in any one case shall compensation in receive the compensation above contemplated, nor shall he be entitled to this compensation until he files his affidavit in the office of the County Clerk, in which such trial or proceedings may be had, that he has not, directly or indirectly, received any compensation for such services from any other source. (i) Repealed by Act 206, o 1848. Laws of 1848, p. 313, Sec. 9. Chapter One Hundred and Sixty-Nine of Revised Statutes of 1846. (5678.) SECTION 1. For the following services hereafter per Fees in criminal formed, in the cases authorized by law, the officers hereinafter cases. named shall be allowed, respectively, the fees in this chapter directed. JUSTICES OF THE PEACE. Peace. (5679.) SEC. 2. For administering every oath, six cents of Justices of the a warrant, nineteen cents; a bond or recognizance, twenty-five cents; a subpoena, six cents for each witness, not exceeding four in any one case; certifying the cause of commitment to other magistrates, or to any Court, thirteen cents; a commitment for want of bail, nineteen cents; for any other services rendered by a Justice in criminal proceedings, the same fees as for similar services rendered in civil proceedings. Of Constables. Further compensation may be allowed. CONSTABLES. (5680.) SEC. 3. Serving a warrant or other process for the arrest of any person, issued by any magistrate or Court, fifty cents; and the same fees for traveling to make such service as are allowed in civil cases; taking a defendant into custody on a mittimus, thirteen cents; conveying a person to the magistrate or Court before whom he is to be brought, thirteen cents, if within one mile, and for every mile more, going only, six cents; serving a subpoena, thirteen cents for each witness, and the like mileage as above provided; but mileage shall be allowed only on the distance actually and necessarily traveled. The Board of Supervisors of each county may allow such further compensation for the service of process, and the expenses and trouble attending the same, as they shall deem reasonable; for other services in criminal cases, for which no compensation is specially provided by law, such sum as the Board of Supervisors shall allow. Of Clerks. CLERKS. (5681.) SEC. 4. Swearing a witness, six cents; entering a recognizance, thirteen cents; calling and swearing a jury, nineteen cents; for other services, the same as provided in civil cases. Of Sheriffs. SHERIFFS. (5682.) SEC. 5. For every person committed to prison, thirtyeight cents; for every person discharged from prison, thirtyeight cents; for serving a warrant or performing any other duty which may be performed by a constable, the same fees as are allowed by law to a constable for such service; for other services not herein specially provided for, such sums as may be allowed by the Board of Supervisors. Fees to be County charges. GENERAL PROVISIONS. (5683.) SEC. 6. The fees hereinbefore in this chapter allowed for services, except those which are otherwise provided for by law, shall be county charges, and shall be audited by the |