makes answer to the plaintiff's suit; in which case if the defendant is defaulted after the expiration of three days, no attendance shall be taxed for the plaintiff, after the day when the default shall happen: Provided nevertheless, That when the party recovering costs in any Court shall live more than forty miles from the place of holding such Court, and such party shall not actually travel to attend the same Court, in such cause, there shall not be allowed for travel in taxing the bill of costs, more than forty miles distance, unless such party shall employ some agent or attorney, who shall in fact travel more than forty miles for the special purpose of attending such Court in such cause.

In a criminal cause, where one or more defendants are tried by the Jury at the same time in the Supreme Judicial Court, or where the cause is determined by an issue in law, for the Attorney General, or person attending for the State, two dollars and fifty cents; and if there be no trial by the Jury, and the cause be not determined by an issue in law-one dollar and twenty-five cents; and in all causes in the Circuit Court of Common Pleas-one dollar and twenty five cents. Drawing an indictment in the Supreme Judicial Court-one dollar and twenty five cents; and in the Circuit Court of Common Pleas-sixty-five cents. But no fees for travel shall be allowed and taxed in any bill of costs in any suit in which the State shall be party.

Witnesses in civil or criminal causes, whether in the Supreme Judicial Court, Circuit Court of Common Pleas, or Court of Sessions, one dollar for each day's attendance, and four cents for each mile's travel going out and returning home: and before a Justice of the Peace, referees or arbitrators, thirty three cents per day, and for their travel the same as at other Courts: Provided, Such witnesses do personally attend said Courts respectively and certify in writing their attendance and travel.

stables' and

SHERIFFS', CONSTABLES', AND CRIERS' FEES. For the service of an original summons or scire facias, eith- Sheriffs, Coner by reading the same, or by copy on one defendant, thirty Criers' fees. cents; if on more than one defendant, then for each other defendant so served-thirty cents.

For the service of a capias or attachment on one defendant with summons, thirty cents; if served on more than one defendant then thirty cents for each defendant so served. And if the officer, by the written direction of the plaintiff or plaintiffs, his or their agent or attorney, shall make a special service of any such writ, either by attaching property, or taking the body therefor, for such special service on each defendant on whom such writ shall be so served, the Sheriff shall be allowed fifty cents. And where the officer is by law directed to leave a copy in order to complete the service, or shall give a copy of any precept upon demand thereof, he may charge at the rate of twelve cents a page.

For a bail bond, and writing the same, including principal and sureties, to be paid by the person admitted to bail, and taxed for him if he shall prevail-twenty cents.

Serving a writ of possession, exclusive of fees for collecting on the costs, one dollar and ten cents; if on more than one piece of land, seventy-five cents for each piece of land after the first.

The fees for collecting the costs on a writ of possession the same as on executions in personal actions.

Serving a warrant-thirty cents.

Sheriff's aid in criminal cases to each person for every twelve hours' attendance including expenses, one dollar, and so in proportion for a greater or less time; and four cents for each mile's travel going out and returning home.

Summoning witnesses in criminal cases, ten cents for each witness, and travel as in civil causes, unless in special cases, when the Court may increase the fees to what they may judge reasonable.

For the Sheriff's or Constable's attending the Court, and keeping the prisoner in criminal cases, seventy-five cents for every twelve hours; and so in proportion for a greater or less time.

Levying executions in personal actions for the first one hundred dollars, four cents; for every dollar above that, and not exceeding two hundred dollars, two cents for every dollar; and for all above two hundred dollars, one cent for every dollar; travel for the services of such execution, and also of mesne process or warrant to him directed, four cents a mile, the travel to be computed from the place of service to the Court or place of return by the usual way; only one travel shall be allowed for one writ, execution or warrant, and if the same be served on more than one person, then the travel shall be computed from that place of service which may be most remote from the place of return, with all further necessary travel in serving such execution, writ or warrant: but if the travel from the place of service to the place of return be more than fifty miles, then only one cent a mile shall be allowed for all travel exceeding that distance. The travelling fees and fees of service shall be endorsed by the officer serving the same, otherwise they shall not be allowed.

Serving an execution upon a judgment of Court for partition of real estate, or assigning of dower, one dollar a day, and four cents a mile, out from the place of his abode, And no Sheriff shall demand or receive from any of his deputies more than at the rate of twenty-five per cent, on the amount of fees for travel and service.

For returning the certificates of votes of the several towns for a Governor and Senators to the Secretary's office, eight cents a mile, computing from the place of his abode to the Secretary's office, to be paid out of the Treasury of the State; and but one travel shall be allowed for the whole.

To the officer attending the Grand Jury, for each day's attendance-seventy-five cents.

The officer attending the Traverse Jury, for every cause to be paid with the Jury fees-twenty-five cents.

For dispersing venires for Jurymen, Treasurer's warrants and proclamations of all kinds-eight cents each.

To each appraiser of real estate for extending execution or assigning dower, one dollar a day, and travel at the rate of four cents a mile going out and returning home.

For every deputy Sheriff or Constable who shall attend the Supreme Judicial Court or Court of Sessions, or Circuit Court of Common Pleas, by their order, one dollar and fifty cents a day, to be paid out of the county Treasury.

To the Sheriff for each day's attendance in the Supreme Judicial Court or Circuit Court of Common Pleas, five dollars; and two dollars per day for attending the Court of Sessions, and at the rate of two dollars for every ten miles' travel from his place of residence to the Court.

TO THE CRIER.

Three dollars per day, to be paid out of the county Treas- Crier. ury: Provided, The Crier shall not have any allowance for attending the Court of Sessions.

TO CONSTABLES.

For the service of venires, twenty-five cents, and four cents Constable. a mile for travel to the Clerk's office, to be paid out of the county Treasury.

GAOLER'S FEES.

Turning the key for each prisoner, committed or discharged-twenty cents.

Dieting each prisoner, such sum weekly, as the Court of Sessions shall, from time to time, judge reasonable.

FOR MARRIAGES.

To the Town Clerk for publishing the banns of Matrimony, recording the same, giving a certificate of the publishment, and recording the marriage upon receiving the Justice's or Minister's certificate thereof-fifty cents; to be paid by the man published, on receiving a certificate of the publishment.

To every Minister or Justice of the Peace who shall lawfully solemnize a marriage and certify the same-one dollar and twenty-five cents.

To the Town Clerk for recording births and deaths-eight cents each. For a certificate of a birth or death--ten cents.

FEES IN THE SECRETARY'S OFfice.

Gaoler's fees.

Town Clerk.

Secretary of

For a certificate under the seal of the State, for the benc- State. fit of particular persons-one dollar.

For all copies for the benefit of particular persons, at the rate of twelve cents a page.

And it is to be understood that a page, as mentioned in this Act should contain two hundred and twenty-four words.

Register of
Deeds' fees.

Allowance to
Jurors.

Clerks of Court to have list of

fees hung up in their offices.

COUNTY REGISTER'S FEES.

For entering and recording a deed or other paper of the length of one page or under, twelve cents.

And for certifying on the original the time when, and the book and page where the same may be recorded--five cents. If the instrument recorded exceed the length of a page, at the rate of fourteen cents a page.

The fees to be paid at the offering of the instrument.

For all copies at the rate of fourteen cents a page. For entering in the margin a discharge of a mortgage, to be signed by the person discharging the same-twelve cents.

ALLOWANCE TO JURORS.

SEC. 2. Be it further en ted, That the Grand Jurors attending at the Supreme Jcial Court and Circuit Court of Common Pleas, and th urors for trials attending either of said Courts, shall eac e allowed, one dollar and twenty-five cents a day for their endance, and six cents a mile for their travel out and home, to be paid out of the county Treasury; and there shall be paid to the clerk of the Supreme Judicial Court, and to the Clerk of the Circuit Court of Common Pleas, respectively, by the Plaintiff, or appellant, the sum of seven dollars for the trial of each civil action, for the use of the county; and the said Clerks respectively shall forthwith pay over the same to the county Treasurer.

SEC. 3. Be it further enacted, That the Clerks of the several Courts and other persons keeping public offices shall constantly have a list of the fees by this Act prescribed so far as it relates to them respectively, printed or wrote out in legible characters and hung in some convenient and conspicuous place in their respective offices. And the Register of Probate Probate to keep shall put and keep up in some conspicuous part of the room, a in his office. list of fees for Judge and Register, in every other place besides his office as aforesaid where a Probate Court may be holden, during the holding of the said Court in such place.

Register of

list of his fecs

Officers, if required, must give an account

in writing of fees by them

received.

Penalty for wilfully and

Corruptly de

manding and receiving un

lawful fees, or

for witnesses

falsely certify

ing, &c.

SEC. 4. Be it further enacted, That every officer or other person upon receiving any such fees as are stated in this Act shall, if required by the person paying the same, make out a particular account of such fees, in writing, specifying for what they accrued upon pain of forfeiting to the party paying such fees, treble the sum by him or them so paid, to be recovered with costs by an action of debt, in any Court proper to try

the same.

SEC. 5. Be it further enacted, That if any person shall wilfully and corruptly demand and receive any greater fee or fees for any of the services aforesaid, than are by this Act allowed and provided, or if any witness shall falsely, wilfully and corruptly certify that he has travelled a greater number of miles, or attended a greater number of days than he has actually travelled or attended, he shall forfeit and pay, not less than five dollars, nor more than thirty dollars for every

ery.

terly account

surer.

officer not to

offence, to be recovered with costs, either by presentment in Mode of recov the Supreme Judicial Court or Circuit Court of Common Pleas, in which case the forfeiture shall accrue to the State; or by action of debt in any Court of competent jurisdiction; in which case the forfeiture shall be for the use of any person who may sue for the same: But no such presentment or ac- Limitation. tion shall be sustained, unless made or commenced within one year next after the time when the offence may be committed, and all persons who are or shall be entitled by any law or certain officers resolve, to an annual salary, and who also receive fees of of- to render quar fice, for which they are required to be accountable, shall ren- of fees to Treader to the Treasurer a quarterly account under oath of all fees of office by them received, which oath the Treasurer is hereby authorized to administer. And no person shall be Salary of such permitted to receive his quarterly salary from the Treasury, be paid till until such account of the fees of office has been rendered: such account Provided however, That this Act shall not be considered as extending to the Justices of the Supreme Judical Court. SEC. 6. Be it further enacted, That all officers and Former com. sons, entitled to fees under any Act in force in this State, who certain cases are not particularly provided for in this Act, shall be entitled continued. to, and receive for their services the same compensation, which they have heretofore received for like services, under the laws which were in force prior to the first day of March instant: Provided, That the Inspector General of butter and of lard Inspector Genshall not demand or receive from any of his or their deputies and lard's fees, more than at the rate of twenty five per cent. on the amount of fees prescribed for the several services and duties, by them respectively performed; And further provided, That this Act shall not take effect, till after the last day of May next. [Approved March 20, 1821.]

:00:

CHAPTER CVI.

An Act establishing the salary of certain Officers.

per

SEC. 1. BE it enacted by the Senate and House of Representatives in Legislature assembled, That the sum of fifteen hundred dollars shall be allowed and paid to the Governor annually out of the Treasury of this State; that the sum of eighteen hundred dollars shall be allowed and paid to the Chief Justice of the Supreme Judicial Court, and the sum of fifteen hundred dollars to each of the other Justices of said Court; that the sum of eight hundred dollars shall be allowed and paid to the Attorney General; and to the Treasurer,the sum of nine hundred dollars; to the Secretary of State and the Adjutant General, each, the sum of seven hundred dollars; which said sums shall be paid to said officers respectively, in quarterly payments.

SEC. 2. Be it further enacted, That the Attorney Gene

is rendered.

pensation, in

eral of butter