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ARTICLE LIX.

Regulations concerning Fees.
8 4292. Fees to be paid into county treasury.
$ 4293. Fee-book.
$ 4294. Statement of fees.
§ 4295. Prepayment of fees for official services.
$ 4296. Account and receipt for fees.
$ 1297.

No fees on habeas corpus. $ 4292. Fees to be paid into county treasury. All salaried officers of the several counties and townships of this state shall charge and collect for the use of their respective counties, and pay into the county treasury, on the first Monday in each month, the fees now or hereafter allowed by law in all cases, except where such fees, or a percentage thereof, is allowed such officers, and excepting also such fees as are a charge against the county

Payment of fees into treasury: See post, $$ 4294, 4300c.

Legislation g 4292. Enacted by Stats. 1907, p. 517; same as former County Gov. Act 1897, p. 573, § 216. Original § 4292 added by Code Amdts. 1880, p. 103; repealed by Stats. 1907, p. 354.

§ 4293. Fee-book. Each of the officers authorized to receive fees under the provisions of this title must keep a fee-book, open to the public inspection during office hours, in which must be entered, at once and in detail, all fees or compensation, of whatever nature, kind, or description, collected or chargeable. On the first Monday of each and every month, the officer must add up each column in his book to the first day of the month, and set down the totals. On the expiration of the term of such officer, he must deliver all fee-books kept by him to the county auditor.

Legislation § 4293. Added by Stats. 1907, p. 5+7; same as former County Gov. Act 1897, p. 573, § 217.

$ 4294. Statement of fees. The fees and compensation collected and chargeable for the county in each month shall be paid to the treasurer on the first Monday in the following month, and must be accompanied by a statement of the aggregate amount thereof, as shown by the feebook, duly verified by the officer making such payment. The affidavit shall be in the following form: "I, A, B., county clerk (or other officer, as the case may be), do swear that the fee-book in my office contains a true statement in detail of all fees and compensation of every kind and nature for official services rendered by me, my deputies and assistants, for the month of - A. D. ---, and that said fee-book shows a full amount received or chargeable in said month, and since my last monthly payment; and neither myself, nor to my knowledge or belief, any of my deputies or assistants have rendered any official service, except for the county, which is not fully set out in said fee-book, and that the foregoing statement thereof is true and correct.”

The treasurer shall file and preserve in his office said statements and affidavit.

Payment of fees into county treasury: See ante, $ 4292; post, $ 4300c.

Legislation § 4294. Added by Stats. 1907, p. 547; same as former County Gov. Act 1897, p. 573, § 218.

§ 4295. Prepayment of fees for official services. State, county, and township officers shall not in any case except in proceedings upon habeas corpus perform any official services unless upon the pre-payment of such fees as are prescribed by law for the performance of such services; provided, however, that the state or any county, eity, or city and county, or any public officer, or board, or body acting in his or its official capacity on behalf of the state, or any county, city or city and county, shall not be required to pay or deposit any fee for the filing of any document or paper or for the performance of any official service. Upon the payment by any person of the fees required by law, the officer must perform the services requireil, and for every failure or refusal so to do such officer shall be liable on his official bond. (Amendment approved 1915; Stats. 1915, p. 694.]

Legislation § 4295. 1. Added by Stats. 1907, p. 547; substantially same as former County Gov. Act 1897, p. 574, § 222. 2. Amended by Stats. 1915, p. 694.

§ 4296. Account and receipt for fees. Every officer, upon receiving any fees for official duty or service, may be required by the person paying the same to 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 when required, he shall be liable to the party paying the same in treble the amount so paid.

Legislation § 4296. Added by Stats. 1907, p. 548; same as County Gov. Act 1897, p. 575, $ 223.

§ 4297. No fees on habeas corpus. No fee or compensation of any kind must be charged or received by any ofli for duties performed or services rendered in proceedings upon habeas corpus, nor for administering or certifying the oath of office, nor fees or other compensation shall be paid for service rendered in an affidavit or application relating to the securing of a pension or the payment of a pension voucher, or any matter relating thereto, nor filing nor swearing to any claim or demand against any county in this state.

Legislation § 4297. Added by Stats. 1907, p. 548; except that provision as to naturalization is omitted, same as former County Gov. Act 1897, p. 5755, $ 227.

ARTICLE LX.

Fees of Officers. § 4300. Fees of county, township and other officers. 8 1300a. County clerk's fees. $ 1300h. Sheriff's tees. $ 43000. Fees of recorders. Payment of fees into treasury by county

ollicers. $ 1300d. Constables and marshals' fees. § 4300e. Fees of justices of the peace. $ 1300f. Jurors' fees. $ 4300g. Witness' fees. § 4300h. Coroner's fees. $ 4300i. Public a ministrator's fees. $ 1300;. Surveyor's fees. $ 1300k. Fees in civil cases, in advance.

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§ 4301. Fees not to be charged, when. $ 4302. Same. § 4303. Duties of public administrator. [Repealed.] § 4304. Duties of commissioner of highways and road-overseers. [Re

pealed.] § 4300. Fecs of county, township and other officers. The following county, township, and other officers shall charge and collect the following fees:

Legislation § 4300. Enacted by Stats. 1907, p. 548; based on Fee Bill 1895, p. 267. Original $ 1300 enacted March 12, 1872; repealed by Stats. 1907, p. 354.

§ 4300a. County clerk's fees. The county clerk, in addition to the charges provided for in section 4190 of this code on the commencement of any action or proceeding in the superior court, except probate proceedings, or on an appeal thereto, to be paid by the party commencing such action or proceeding, or taking such appeal, five dollars.

On the filing of a petition for letters of administration, testamentary, or guardianship, five dollars, to be paid by the petitioner; provided, that when the public administrator, in his official capacity is the petitioner, he shall be required to pay said fee only out of the assets of the estate coming into his possession.

On filing the petition to contest any will or codicil, three dollars.

On the appearance of any defendant, or any number of defendants answering jointly, to be paid upon filing the first paper in the action by him or them, two dollars.

On placing any action, except a probate proceeding or default case, on the calendar for trial or hearing, to be paid by the party at whose request such action or proceeding is so placed, two dollars.

For every additional defendant appearing separately, one dollar.

The foregoing fees shall be paid in full for all services rendered by such clerk in the cause, to and including the making up of the judgmentroll.

On the filing of any notice of motion to move for a new trial of any. civil action or proceeding, the party tiling the same shall pay to the clerk, in full for all services to be rendered in connection with said motion, except as hereinafter in this section provided, two dollars.

For issuing an execution or order of sale in any action, one dollar.

In all proceedings begun or aets performed prior to this section becoming a law, such fees and charges as were provided by law at the time such proceedings were begun or acts performed.

The clerk shall also charge and collect the following fees and conpensation not above provided for:

For any copy of any record, proceeding, or paper on file in the office of the clerk relating to any civil action pending in said court, when such copy is made by him, per folio, ten cents.

For each certificate of the clerk, under the seal of the court, twentyfive cents.

No fees shall be allowed or charged by the clerk for services rendered in any criminal case.

For services rendered by the clerk, not in connection with civil actions or proceedings in court, he shall charge and collect, for the benefit of the county, the following fees:

For issuing marriage license, one half to be paid to the county recorder, two dollars.

For filing and indexing articles of incorporation, one dollar.
For filing and indexing certificates of copartnership, one dollar.

For filing and indexing all papers to be kept by him, other than papers filed in actions or proceedings in court, and official bonds and certificates of appointment, each twenty-five cents.

For issuing any license required by law, other than marriage license, one dollar,

For examining and certifying to a copy of any paper, record or proceeding prepared by another, and presented for his certificate, fifty cents, and one cent per folio for comparing the said copy with the original.

For making satisfaction of or credit on judgment, twenty-five cents. For receiving and filing remittitur from supreme court, fifty cents.

For administering each oath, without certificate, except in pending action or proceeding, ten cents.

For taking any affidavit, except in criminal cases, twenty-five cents.

For taking and approving each undertaking, and the justification thereof, except in criminal cases, fifty cents.

For searching records or files, for each year, fifty cents.

For taking acknowledgment of any deed or other instrument, including the certificate, fifty cents.

For filing notices of appeal and appeal bonds, each, twenty-five cents. [Amendment approved 1911; Stats. 1911, p. 414.]

Legislation § 4300a. 1. Added by Stats. 1907, p. 548; based on Fee Bill 1895, p. 267. 2. Amended by Stats. 1911, p. 144.

§ 4300b. Sheriff's fees. For serving any process, writ, order, or paper, except as in this section provided, required by law to be served by the sheriff, fifty cents.

For serving a writ of attachment, execution, or order for the delivery of personal property, one dollar.

For taking any bond or undertaking, fifty cents.

For serving an attachment or execution on any ship, boat, or vessel, three dollars.

For keeping and caring for property under attachment or execution, such sum as the court may fix; provided, that no greater sum than three dollars per day shall be allowed to a keeper when necessarily employed.

For a copy of any writ, process, or paper actually made by him, when required or demanded according to law, per folio, ten cents; provided, that when correct copies are furnished to him for use, no charge shall be made for such copies.

For advertising sale of property and posting notice, exclusive of cost of publication, or furnishing notice for publication, each, fifty cents.

For publication of notice in newspaper, the reasonable cost of publication, subject to the approval of the court.

For serving writ of possession or restitution, putting a person in possession of the premises, and removing the occupant, one dollar and fifty cents.

For subpoenaing witness, including copy of subpoena, each twenty-five cents.

For summoning trial jury of twelve or less, two dollars; for each additional juror, ten cents.

For traveling in the service of any paper required by law to be served, for each mile actually and necessarily traveled, one way only, fifteen cents, when such travel can be made by rail; in other cases, twenty-five cents. No constructive mileage to be allowed.

For collecting money on execution, with or without levy, one per cent on the first thousand dollars or less, and one half of one per cent on all sums over one thousand dollars.

For executing and delivering sheriff's deed, one dollar and fifty cents. For executing and delivering certificate of sale, fifty cents.

For transporting prisoners to the county jail, the actual cost of such transportation. For executing and delivering any other instrument, ten cents per folio.

Legislation § 4300b. Added by Stats. 1907, p. 550; based on Fee Bill 1895, p. 269.

§ 4300c. Fees of recorders. Payment of fees into treasury by county officers. For recording every instrument, paper, or notice required by law to be recorded, per folio, ten cents. For indexing every instrument, paper, or notice, for each name ten cents. For filing every instrument for record, and making the necessary entries thereon, twenty cents. For each certificate under seal, twenty-five cents. For every entry of discharge, credit, or release on the margin of record, and indexing same, twenty-five cents. For searching the records of his office, for each year, fifty cents. For abstract of title, for each conveyance or encumbrance, twenty-five cents. For recording each map or plat where the same is copied in a book of record, for each course, ten cents. For recording each map or plat where the same is not copied in a book of record five dollars. For filing building contracts, plans and specifications, one dollar. For figures or letters on maps or plats, per folio, ten cents; provided, that the fees for recording any map shall not exceed fifty dollars. For taking acknowledgment of any instrument, fifty cents. For recording marriage license, and certificate, to be paid by the county clerk, one dollar. For recording transcript and all services in estray cases, one dollar. For recording each mark or brand, fifty cents. For administering each oath or affirmation, and certifying the same, twenty-five cents. For filing, indexing, and keeping each paper not required by law to be recorded twenty-five cents. The clerk, sheriff and recorder shall account for all fees in this and the two preceding sections provided for, and the clerk, sheriff, and recorder, unless otherwise provided by law, shall pay the same to the treasurer on the first Monday of the month following their collection, as provided in this article 59 of this chapter. [Amendment approved 1913; Stats. 1913 p. 678.]

Payment of fees into treasury: See ante, $ $ 4292, 4294.

Legislation § 4300c. Added by Stats. 1907, p. 550; based on Fee Bill 1895, p. 270. 2. Amended by Stats. 1913, p. 678.

§ 4300d. Constables' and marshals' fees. Constables and marshals, except as in this title otherwise provided:

For serving summons and complaint, for each defendant served, fifty cents.

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