CHAPTER 150. TITLE XXIX. the bills presented to him for taxation, whether such taxation be opposed or not, and shall be satisfied that the items charged in such bill are correct and legal; and shall strike out all charges for services, which, in his judgment, were not necessary to be performed. Certain charges to be proved. Evidence of right certain cases. 6 Wend,, 555. SEC. 40. When there shall be charges in a bill of costs for the attendance of any witness, or for copies or exemplifications of documents or papers, or for any other disbursements, except to officers for services rendered, such charges for witnesses shall not be taxed without an affidavit stating the distance they respectively traveled, and the days they actually attended; and such charges for copies shall not be taxed without an affidavit that such copies were actually and necessarily used, or necessarily obtained for use; nor shall such disbursements be allowed without an affidavit specifying the items thereof particularly, nor unless they appear to have been necessary and reasonable in amount. SEC. 41. If, upon the trial of any cause, the plaintiff's claim shall to costs, &c., in be reduced by set-off, or any other fact shall appear which will entitle either party to costs, or to double costs, the judge holding the court shall, on the application of either party, either before or after verdict rendered, cause an entry to be made in the minutes of the court, specifying that such fact appeared; and no evidence shall be received by any taxing officer of such matter, other than a certified copy of such minutes, or the certificate of the judge who tried the cause. Allowance of fees. 1840, p. 182, &c. Fees of clerks of circuit courts. CHAPTER 150. OF THE FEES OF CERTAIN OFFICERS. SECTION 1. For the services mentioned in this chapter, hereafter done or performed in the several courts in this state, by the officers thereof, or in any proceeding authorized by law, the fees hereinafter prescribed shall be allowed. Fees of Clerks of the Circuit Courts. SEC. 2. The fees of the clerks of the circuit courts, and clerks of counties, for any services herein specified, to be rendered by them respectively, shall be as follows: For issuing and sealing every writ when filled up by the clerk, twenty-five cents; and each exemplification or certificate, when required, twelve cents: Entering the return of every writ, and filing such writ, twelve cents: Entering an appearance, retraxit, discontinuance, non-suit or default, twelve cents: Entering every rule in term, founded on motion, twelve cents for each folio: Entering every other rule, not exceeding two folios, six cents for each folio, and for every additional folio, four cents: For certified copies of rules, the same fees as for entering such rules: Every report upon an assessment of damages, or other matters refer- TITLE XXIX. red to him, twenty-five cents: Every certificate, thirteen cents; but not to be allowed for certifying any paper to be a copy, for the copying of which he shall be paid: Calling and swearing a jury, twenty-five cents: Swearing each witness on trial, six cents; and swearing every constable to take charge of a jury, twelve cents: Entering special bail, thirteen cents: Entering every cause in a calendar for the court, and making a copy thereof for the bar, six cents : Entering every cause or suit without process, twenty-five cents: Certified copy of the minutes of a trial, when requested, twentyfive cents: Entering every final judgment, twenty-five cents: Entering satisfaction of a judgment, twelve cents: Attendance in striking a special jury, certifying the names selected, and delivering such certificate to each party, fifty cents: Reading and filing a habeas corpus, certiorari, or writ of error, twelve cents: For a subpoena, summons, capias or execution, when issued by a clerk on request, and for sealing the same, twenty-five cents: Filing a declaration or other pleading, an affidavit or other paper or proceeding, six cents; all papers annexed together, and filed at the same time, to be considered as one paper; and no allowance to be made for reading any paper or proceeding in any case: Copies and exemplifications of records and of pleadings, to be returned on certiorari or writ of error; copies and exemplifications of all records, pleadings and proceedings, furnished on request, where no special provision is otherwise made, eight cents for each folio: Searching the records or files in his office, if a copy is not required, ten cents for the records or files of each year, except for officers of the court: Receiving and filing the papers of any insolvent, twelve cents in each case: Copies of such papers, eight cents for each folio: To every county clerk for attendance in canvassing the votes given at any election, one dollar for each day, and five cents per mile for travel: For drawing all necessary certificates of the result of such canvass, thirteen cents for each folio: For recording such certificates, eight cents for each folio: Notifying every person appointed or elected to an office, when required by law, twenty-five cents: For administering the oath of office to any officer, and certifying the same, twelve cents : For determining and certifying the sufficiency of the sureties in any bond, required by law to be approved by him, twenty-five cents: For all services required by law to be performed by such clerks respectively, and not specially provided for by law, such fees as the supreme court shall, by general rule or order prescribe, corresponding, as near as may be, with the rates herein prescribed; provided, that CHAPTER 150. CHAPTER 150. TITLE XXIX, the gross amount of the fees of any clerk of the circuit or county court, shall, in no case, exceed the following sums: In case of a judgment by cognovit or confession, two dollars: In any case wherein there is no appearance by the defendant, three dollars; and in any other case, eight dollars. Fees of clerks of supreme court. Fees of masters in chancery. Fees of Clerks in the Supreme Court. SEC. 3. For drawing a writ of error or other process issued under seal of the court, thirty-seven and one-half cents: For affixing the seal to any process of the court, thirteen cents: cents: Reading and filing any petition relating to any proceeding in court, eight cents: Entering the appearance or default of appellant or plaintiff, or of defendant or respondent, thirteen cents: Entering every rule or order, thirteen cents: For a certified copy of every such rule or order, and all papers, pleadings and proceedings filed with him, six cents for each folio: Entering every decree or sentence, six cents for each folio: Entering every judgment or order, fifteen cents, and six cents for each folio more than two: Engrossing every remittiter to be sent to a circuit court, eight cents for each folio: Every certificate given on request, relative to any matter or cause, twelve and one-half cents: For services in suits in equity transferred to the supreme court, where the fees are not specified in this section, the same fees as are allowed registers in chancery for the like services: Taxing costs, eighteen cents: Entering every satisfaction on the record, twelve cents: Taking security in cases authorized by law, twenty-five cents: six cents: For searching records and files in his office, except for suitors and their attorneys, thirteen cents: For services required by law, or the rules of the court, not herein provided for, such fees as the court shall direct. Masters' Fees in Courts of Chancery. SEC. 4. For signing every summons for a party or witness to attend him, twelve cents: For attending at the time and place assigned for hearing, and adjourning the same on request, or upon reasonable cause, fifty cents: Attendance and hearing every argument upon any matter referred to him, one dollar and fifty cents: Attendance and settling his report, one dollar: Taking an account of what is due on every mortgage, and the security accompanying the same, if any, one dollar : Drawing every report in pursuance of an order of reference to him, thirteen cents for each folio: Drawing all schedules to be annexed to his report, ten cents for each folio: Copies of reports and schedules to be filed, six cents for each TITLE XXIX. folio: Copies of reports and schedules and all other proceedings furnished by the master to the parties upon request, six cents for each folio: Examining into the circumstances of sureties required in any case, and certifying his opinion to the chancellor, fifty cents: Appointing any person to appear as next friend for any infant, twenty-five cents: Inspecting and examining an infant or infants who want guardians appointed; inquiring who are willing to become guardians, and into their competency; the proposed security, and the competency thereof; and certifying the facts to the court, two dollars; but when application is made by one petition in behalf of several infants, no additional charge to be made : For taking the deposition of every witness, twenty cents for each folio: Engrossing a fair copy for witness to sign, six cents for each folio: Certifying each exhibit shown to a witness on his examination, twenty cents: Attending court with the original depositions or exhibits, by its order, or on the request of either party, one dollar for each day: Drawing every advertisement or public notice of the sale of property to be sold by him, fifty cents: and for every copy of such advertisement to be printed or posted up, twenty-five cents: Attending at the time and place appointed for the sale of property by him, and adjourning the sale at the request of the parties, for good cause, or by order of the court, seventy-five cents: Every deed of real estate sold by him under a decree or order, when prepared by him at the request of the parties, two dollars and fifty cents: Signing and acknowledging a deed for property sold by him, when prepared by another person, fifty cents: Settling the form of a deed to be executed under his directions by a third person, under a decree or order, one dollar : Settling the form of an assignment of bonds, mortgages or other securities to be made under a decree or order, one dollar : Perusing a bill or petition for an injunction or ne-exeat, and allowing or refusing the writ, one dollar : Superintending and certifying the payment of money when paid under his direction by a decree or order, one dollar; but no fee to be allowed for the payment of money arising from sales, or to a party in the suit, or into court: Taking and reducing to form in writing, every recognizance entered into before him, by order of the court, fifty cents: Taxing every bill of costs, including the bill of the different officers of the court, and reporting the amount taxed, fifty cents: When a master is authorized to advertise in newspapers, property for sale, or for parties to come before him to prove debts or exhibit claims, he shall be allowed for printer's bills according to the legal rate of advertising in such papers, what he shall actually pay; and where moneys are ordered to be put out by a master, and when an estate is sold by a master, under an order or decree, the master shall be allowed all necessary disbursements actually paid by him, and such allowance by way of commissions as the court shall judge reasonable CHAPTER 150. TITLE XXIX. after notice given to the party to be charged therewith, but not to exceed the sum of ten dollars : CHAPTER 150. Commissioners When a master shall take an account of an estate, or of an administration thereof, or an account between parties in trade, or shall take any other account, under a decree or order, not included in the foregoing provisions; or when extra services shall be rendered by a master in taking or stating an account; the court may make a further allowance beyond the fees herein specified, as under the circumstances may be just and reasonable, upon notice to the party to be charged therewith. Fees of Commissioners. SEC. 5. The persons to whom any commission shall be issued, to to take testimo- take testimony in any cause or matter pending in chancery, shall be entitled to receive the same fees as herein allowed to masters, and no other. ny. Fees of registers in chancery. Fees of Registers in Chancery. SEC. 6. For drawing any common order, order by consent, special order or decree, when requested, thirteen cents for each folio: Entering any order, decree or proceeding in the minutes, ten cents for each folio: Engrossing every decree to be signed by the court, ten cents for each folio: Exemplifying, upon request, under seal of the court, any paper or proceedings, six cents for each folio: Examining and signing every final decree, and attending the court with the same, and obtaining the judge's signature thereto, fifty cents: Filing any paper, six cents; and no additional charge shall be made for reading or marking any paper filed by him : For reading and marking any paper not filed by him, six cents: Certified copies of papers or proceedings, for every folio, six cents: Every other certificate, fifteen cents; but no certificate to be allowed that a paper is a copy, for the copying of which he shall be paid : on Filing note of the issue in each cause, and entering the cause the calendar for hearing, for the court and the parties, fifteen cents: Entering any attachment or other process awarded by the court, or any amercement, twelve cents: Entering, by order of the court, every appearance on process for contempt, ten cents : Searching the minutes, files, dockets or decrees, or accounts of the court, for each year, six cents; but no search to be allowed for, when the pleading, entry, or proceeding searched for, is to be engrossed or filed, or copied at the request of a party, and paid for, or to perfect the proceedings of the court: Entering the receipt of moneys deposited in court, putting the same in a bank when required by the court, and entering the same in his bank book, and in his account with the court, fifty cents : Purchasing stock, procuring a transfer thereof, and entering the same to the credit of the cause or of the party, for a sum not exceeding two hundred dollars, one per cent, and for any excess, one quarter of one per cent : Making a transfer of stock by order of the court, one dollar : |