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persons than one are named therein, the travel shall be computed from the place where the same is returnable to the place of service, which shall be nearest, adding thereto the extra travel which

shall be necessary to serve it on the others. For the copy of a writ or warrant, not to be taxed unless actually given,

0 10 For a bail bond in civil actions,

0 12 And where bail is taken by indorsement on the writ,

the same fee. For committing a prisoner on mesne process,

0 20 For attending a justice's court by the day,

0 25 For serving all executions where the party is committed to jail,

070 For serving all executions where the money due

thereon is collected, not exceeding four dollars 0 30 If above four dollars and not exceeding seven dollars, 0 40 If above seven dollars and not exceeding twenty dollars,

06 If above twenty dollars and not exceeding thirty

dollars, If above thirty dollars and not exceeding sixty

dollars, If above sixty dollars and not exceeding one hundred dollars,

090 And for all executions above one hundred dollars,

one per cent. None of the lesser to be included in the greater. For serving a summons, if not more than a mile from the court-house or place of appearance,

0 12 If more than a mile, the same travelling fees as for

serving writs. For delivering possession of lands and tenements, while actually employed by the day,

1 0 For advertising real or personal estate to be sold at public auction,

034 For selling at public auction real or personal estate, if under one hundred and fifty dollars, two per cent.; if over one hundred and fifty dollars and under three hundred dollars, one and a half per cent.; and for all sums over three hundred dollars, one per cent. to be computed on the amount of the sales, and none of the lesser sums to be included in the greater.

075 For serving warrants and other criminal processes,

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the same as for serving writs, unless the court to which such warrant or process shall be returnable shall deem it reasonable to make a further allow

rther allow ance for extra services. For the personal attendance of the sheriff on the general assembly, supreme judicial court, and courts of common pleas, by the day,

1 0 Town-sergeants and constables shall be allowed,

Sergeants For serving a writ, if not more than a mile from the

and con

stables. place of appearance,

0 20 If more than a mile,

0 16 For every mile's travel, the same as is allowed to

sheriffs. For a bail bond in civil actions,

0 12 And where bail is taken by endorsement on the

writ, the same fee.
For a copy of a writ or warrant,

0 10
For serving executions, the same as the sheriff.
For committing a prisoner on mesne process, 0 20
For serving a summons and travel, the same as the

sheriff.
For attending the general assembly, supreme judi-

cial court, and courts of common pleas, by the day, 1 0
For actually attending a justice's court, by the day, 0 25
The serving a warrant or other criminal process,
the same as for serving a writ, unless the court to
which the same shall be returnable shall deem it
reasonable to make a further allowance for extra
services.

Jailers shall be allowed,
For taking custody of each prisoner committed, 0 25
For every prisoner discharged, and entering the
same on the jail books,

0 25
For each bond for liberty of prison-yard, drawn
and furnished by the jailer,

0 25 For board of State prisoners, by the week, 10 The coroner shall be allowed,

Coroner, For taking every inquisition, Besides the above fee, for every day employed

Jailers:

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Other fees.

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400

then

In the supreme judicial court, one only to be taxed
in the bill of cost,

2 0 For the attendance of every witness, by the day, 0 40 For his travel coming, per mile,

04 For the attendance of the party recovering judgment, by the day,

0 12 And but two days to be allowed in a nihil dicit case. For the travel of every plaintiff or defendant recovering cost, per mile,

04 For the entry of every action in the supreme judi

cial court,
For the entry of every petition in ditto,

2 0
For the entry of every motion for a new trial in dit-
to,

20 Officers to Sec. 2. And be it further enacted, That every officer in

es, this State, who shall serve any process, civil or criminal,

shall endorse thereon the several items which constitute the amount of his fees; and that on failure thereof, the same shall not be taxed in any bill of cost, nor be recov

erable by law. Witnesses Sec. 3. And be it further enacted, That every witness, préto certify their at vious to his obtaining the fees allowed for witnesses in this tendance, act, shall give a certificate to the clerk of the court where&c.

in his attendance is given, certifying the number of days he shall have attended, and the number of miles he shall have travelled, in pursuance of a summons issued for that purpose, which certificate shall be subject to the examination of such court; and such allowance shall be made

therecn as shall be lawfully due, Unlawful Sec. 4. And be it further enacted, That it shall be the lowed.

* duty of every officer appointed and empowered to tax and allow costs, to conform strictly to this act; and to disallow and reject all such unlawful fees as may be charg

ed by any officer or other person. Costs in Sec. 5. And be it further enacted, That in all civil actions flowage.

or complaints for flowage, brought by or against any firm, company or copartnership, costs for travel and attendance of one only of the parties recovering judgment shall be

ta red. Insolvent Sec. 6. And be it further enacted, That whenever hereaf

hens ter any petitioner for the benefit of the act, entitled “an er's fees. 'act for the relief of insolvent đebtors,” shall, upon the re

ception of his petition, be liberated from jail, on condition that he give bond to return again, in case the prayer thereof should not be granted, or be discharged by the court

fees

upon making an assignment of his property, he shall, before his liberation as aforesaid, pay to the jailer in whose custody he may be, the sums which may be due to said jailer, on account of his prison fees, and other incidental charges, which may have accrued on such commitment. Sec. 7. And be it further enacted, That in criminal cases, Fees in.

criminal the fees of justices of the peace shall in all instances be cases, the same as in civil cases, except for a warrant, which shall be twenty-five cents: and that the attendance and fees of sheriffs, deputy-sheriffs, town-sergeants and constables in a criminal process, shall be no more than double the fees for serving civil process, to be allowed at the discretion of the court before whom such process shall be returned.

1727, 28, '41 '47 50 '51 '55 65 *67 974 '84

'98, 1803, An act relating to bail on mosne process, in civil actions.

22. SECTION 1. Be it enacted by the General Assembly, and by Sheriffs, the authority thereof it is enacted, That all sheriffs, deputy- &c. to let

persons arsheriffs, town-sergeants and constables, who shall arrest rested to any person by virtue of any original writ or mesne pro- b cess, in a civil action, shall let the person so arrested to bail, upon his giving sufficient surety, in manner by this act prescribed, for his appearancc at the court to which such writ or process shall be returnable, and to abide the final judgment which shall be rendered thereon.

Sec. 2. And be it further enacted, That the person be- Bail, how coming bail for any person or persons, shall give bond to the sheriff, if the writ or process shall be served by the sheriff or his deputy; and if the writ or process shall be served by a town-sergeant or constable, the bail bond in . such case shall be given to the person serving the same; or the person becoming bail as aforesaid, may endorse his christian and surname on the back of the writ or process, which shall hold him as bail for all the purposes mentioned in this act: and any person committed to jail by Defendvirtue of an arrest on any original writ or mesne process *

mitted in any civil action, may be let to bail at any time before may be the rendering of judgment in chief in the case of such bailed. writ, in manner as above prescribed.

Sec. 3. And be it further enacted, That the person or How bail persons who shall become bail as aforesaid, shall have a may be

discharge right at any time before final judgment shall be rendered ed. on the original writ or process, to bring the principal in

taken.

ant com.

pal into

By bring. to court, in which the same shall be pending, and to de ing princi- liver him into the custody thereof, and be thereby discourt.

charged: and it shall also be lawful for the bail afore

said, at any time before final judgment upon scire facias Or com

against him, to commit to the jail in the county where mitting such arrest was made, or in that in which the writ is rehim to jail.

turnable, the principal for whom he has become bound, leaving with the jailer of such county, at the time of such commitment, an attested copy of the writ or process whereby the arrest was made, and of the return endorsed thereon; and such jailer is hereby authorized and required to receive the person so committed into custody, in the same manner as if he had been committed by the officer making the arrest; and the bail so committing the principal shall notify the plaintiff in the original suit, or his attorney, in writing, of the time when, and the place where, the principal has been committed, within ten days of the time of such commitment; and the bail so com

mitting the principal as aforesaid, shall ever after be disOtherwise charged from all responsibility as bail, as aforesaid ; but liable to if the bail shall not bring the principal into court as aforesatisfy the judgment. said, or commit him or her to jail as aforesaid, such bail

shall be obliged to satisfy the judgment which may be or hath been rendered on such writ or process, out of his, her or their own estate, in case of the principal's avoidance, and a return of non est inventus on the execution that shall be issued thereon.

Sec. 4. And be it further enacted, That when the prinBy writ of scire fa- cipal shall avoid, so that his, her or their goods and chat

im. tels cannot be found to satisfy the execution, nor the gainst him.

body or bodies found, to be taken thereby, the plaintiff in the original suit shall be entitled to his writ of scire facias .against the bail, from the same court wherein judgment was rendered against the principal; and in case no legal cause is shewn to the contrary, judgment shall be given against the bail for the damages and costs recovered against the principal, with interest and costs,

and execution shall be awarded accordingly: Provided Bail may surrender, however, If the bail shall bring the principal into court, or &c.

commit him, her or them to jail, as aforesaid, before final judgment is given on the writ of scire facias, and pay all the costs that may have accrued thereon, then the bail shall be discharged and the principal be committed to jail (or if already committed as aforesaid) there to remain for the space of thirty days after the rising of such court.

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