For entering the return in the rule book of all chancery For all the rules entered on behalf of the same parties, plain- any rule week, except to continue it at the rules, there more. Where any case, either at law or in equity, is on the court docket, and during the term no order of continuance is entered in it, there may be charged at every such term, for docketing it, calling it and continuing it on the court docket, For all judgments and all orders and proceedings in court not otherwise provided for, which are entered in any cause for parties, plaintiffs or defendants, on the same day, the clerk may at his election, charge three cents for every thirty words which shall actually have been entered on the order book, or upon the rule book, if final judgments be entered therein; or he may charge a specific fee for the same of For taxing the damages to which a party may be entitled in consequence of an appeal, writ of error or supersedeas, or upon an injunction, Upon an affirmance by a circuit court of a judgment or decree of a county or corporation court, or upon an affirmance by the court of appeals of a judgment or decree of a circuit court, there shall be allowed for issuing execution, entering case in execution book, and recording return of execution, same, And if the affirmance by the court of appeals be in a case And if the reversal by the court of appeals be in a case $0.35 0 50 0 25 0 36 0 40 0 60 1 20 0 50 075 · 0 50 Where execution is issued upon any decree in chancery, ex- Fees of clerks of county and corpo public services. Which several fees shall be charged by the said clerks re- Wherever any act of assembly shall require particular ser- Public Services. 4. The clerks of county and corporation courts shall receive, for ration courts for attending a court for the examination or trial of offenders, if a court be held for that purpose, three dollars and fifty cents, to be paid by the public; and for all other public services, viz: entering and issuing copies of orders, for appointing surveyors of highways, appointing constables, grand juries, taking a list of tithables, binding out poor orphans, and appointing guardians, entering the levy, and copies thereof; and of the list of tithables, for the collector, and for entering and issuing the orders, except against guardians when they shall stand out in contempt, to be charged to such guardian, and issuing orders for recommending sheriffs, and justices, for qualifying commissioners of the revenue, making entry of their appointment, and taking bond; for taking bond from constables, and qualifying all sheriffs and deputy sheriffs, and for processioning, and all other public services for which no particular fee is allowed, such sum to be levied annually by the justices of the county or corporation, as they may think reasonable, not exceeding one hundred dollars. Fees of clerks of circuit superior courts for public suits. 5. For services rendered the commonwealth in civil suits, the clerks of circuit superior courts shall receive the same fees as are services in civil by law allowed for similar services in controversies between individuals; and their fee bills against the commonwealth for the same, after being first examined and certified by their respective courts, shall be paid out of the treasury, on a warrant from the auditor: In criminal prose- and for services rendered the commonwealth in criminal prosecutions, the said circuit superior courts shall make such allowance to the clerks of their respective courts, as may be deemed reasonable: provided the same shall not exceed thirty dollars for any one year, except where a higher compensation to any clerk is specially authorized by law. cutions. When fees to be charged against commonwealth. Papers in removed causes to be de. without delay. 6. Wherever the commonwealth shall recover costs in any case, and fees of the clerk shall be taxed as a part thereof, there shall be taxed the fees allowed by this act. 7. The clerks of the superior courts of law and chancery of the livered to parties county and corporations of this commonwealth, shall, without unnecessary delay, prepare and deliver to the persons or their agents entitled to receive the same, the papers in the causes which are or may be ordered to be removed under the provisions of the act of the general assembly, passed the sixteenth of April, eighteen hun 72-75; ante. ch. dred and thirty-one, entitled, "an act to establish a court of law and Acts 1830-31, pp. chancery in each of the counties of the commonwealth, and in cer- 109,95 to 99. tain corporations therein mentioned." And if any clerk shall fail Penalty for failure. to do so, he shall forfeit and pay to the party aggrieved, for each offence, the sum of twenty dollars, to be recovered by warrant before any justice of the peace. 8. This act shall commence and be in force from and after the Commencement. first day of April next. CHAP. 131.-An ACT regulating the fees of clerks of certain courts." (Passed April 8th, 1831.) fees. 2. Be it further enacted, That hereafter it may be lawful for any When lawful to clerk immediately after the final decision of any cause, to issue his issue tickets for tickets for any fees due him from the parties to said cause, any law to the contrary heretofore, notwithstanding: Provided, That no- Who to collect thing in this section contained, shall be construed to prevent the clerks of the several counties of this commonwealth from delivering their accounts of fees to the proper officer for collection, as now authorized by law. (a) clerks' fees. manding fees for fees. 3. And be it further enacted, That if any clerk shall issue any Penalty for defee-bill or ticket, against any person or persons for any service not services not renrendered to or for him, her or them, or shall, for any services ren- dered, or illegal dered, charge him, her or them, with any greater sum than such clerk shall be entitled to charge him, her or them, every clerk shall forfeit and pay to the party aggrieved, at least twenty dollars and the costs, to be recovered by motion on ten days notice in any court of record having jurisdiction thereof.(b) rior courts em 4. And be it further enacted, That it shall be lawful for the su- Superior and infeperior and inferior courts of the county or corporation in which any powered to quash clerk shall officiate, upon the complaint of any person aggrieved, fee-bills improperly issued. without notice in the case of a clerk then in office, and upon ten days notice in all other cases, to quash any fee-bill or ticket, issued by such clerk contrary to the provisions of this, or any other act of the general assembly. 5. And be it further enacted, That so much of any act as limits Limitation of prosecutions against the period for commencing any prosecution, civil or criminal, clerks." against a clerk for any misconduct in office, to one year, shall be and the same is hereby repealed; and any such prosecution may be commenced, or any indictment or information for any such of fence may be exhibited within five years from the commission of such offence, and not after.(c) 7. All acts and parts of acts contrary to the provisions of this Repealing clause. act, are hereby repealed. 8. This act shall commence and be in force from and after the Commencement. first day of July next. *Acts 1830-31, ch. 23, p. 80. The first and sixth sections of this act having been repealed by the preceding chapter, § 1, are omitted. See ante. ch. 130. (a) Former provision, 1 Rev. Code 1819, ch. 85, § 21, p. 319. (b) Ibid. § 16, 17, p. 318. (c) Ibid. § 17. Duty of successor of deceased clerk, dent. CHAP. 132.-An ACT concerning the uncollected fees of deceased clerks.* (Passed December 30th, 1822.) 1. Be it enacted by the general assembly, That when the clerk of as to accounts of any court within this commonwealth shall die, it shall be the duty fees of such dece- of his successor to make out the accounts of fees appearing due to such deceased clerk on the fee books of his office, which accounts shall be signed by him for the benefit of said decedent's estate, and delivered to the executor or administrator, or other personal representative of the deceased clerk. Also, as to fees books. 2. Be it further enacted, That where the clerk of any court shall not charged in fee hereafter die, without having charged the fees in the fee books of his office, which may have accrued for services performed by him, his successor shall proceed to charge the same, and shall in like manner deliver the accounts of such fees to the executor or administrator or other personal representative of the deceased clerk. Fee bills to whom, and when to be delivered. Provision where be fore passage this act. of 3. Be it further enacted, That the fee bills of the deceased clerk, shall be delivered by his successor to the executor or administrator, or other personal representative of the said deceased clerk, on or before the first day of May next after the death of such clerk: Provided, That event takes place on or before the first day of January · in any year; and if such clerk die after the first day of January, then within nine months after his death. 4. And be it further enacted, That where the clerk of any court clerks have died shall have died before the passage of this act, it shall be the duty of his successor now in office, to make out the accounts of fees appearing due to the said deceased clerk, in the same manner as is herein before prescribed, and deliver the same to the executor or administrator, or other personal representative of the deceased clerk, on or before the first day of May next. Compensation for required. 5. Be it further enacted, That for the services to be performed services hereby by such clerk, he shall receive such compensation as the court whereof he is clerk shall adjudge reasonable, to be paid by the executor or administrator, or other personal representative of the deceased clerk, or deducted and paid by the officer who shall collect the said fees, out of the first proceeds of such collection. Successor of deceased clerk to correct erroneous charges of fees. Such fee bills to whom to be delivered, and how collectable. Commencement. 6. Be it further enacted, That where any deceased clerk shall have charged in the fee books of his office, any more or greater fees than are allowed by law, his successor shall correct the same so far as he is able, and such successor shall be in no wise liable for any false charge or overcharge, unless he shall have wilfully omitted to correct the same as herein provided. 7. And be it further enacted, That the fee bills issued according to the provisions of this act, may be delivered by the executor or administrator, or other personal representative of any deceased clerk, to the sheriff of any county or sergeant of any corporation in this state, or to such other officer as by law the said clerk might himself have delivered them to for collection, and demand receipts from such officer for the same, and the said accounts of fees, shall have the same force, and be collectable in the same manner, as other clerks' fees; and the officer collecting the same, shall be entitled to the same compensation, and liable to the same penalties, and to be proceeded against in the same manner as for other clerks' fees. 8. This act shall commence and be in force from and after the passing thereof. Acts 1822-3, ch. 13, p. 16. CHAP. 133.-An ACT to amend the several acts relating to the appointment and duties of sheriffs.* tinued in office, commissioned and time. 1. Be it enacted by the general assembly, That if at any time af- Sheriff to be conter the qualification of the sheriff of any county, a successor to the where successor is office shall not be duly appointed, commissioned and qualified at or not appointed, before the next court of the county after that at which the office of qualified in duo said sheriff would have expired if a successor had been regularly appointed, commissioned and qualified, as early as the law would allow, then the sheriff in office shall be considered as duly appointed to continue in the said office for the space of one year from the How long. time when his former office would have expired as aforesaid; but if Provision in case he fails to qualify the said sheriff, at or before the next court of his county after that by giving bonds, at which his successor might have been qualified as above men- &c. tioned, shall fail to enter into all the bonds required by law of other sheriffs, and take the proper oaths of office, his office shall from thenceforward be deemed vacant; and the duties thereof shall be performed as in all other cases of vacancy, until the office shall be regularly filled. The condition of the bonds taken from sheriffs so Condition of such continuing in office shall differ from the condition prescribed for bonds taken of other sheriffs, only in this, that next after these words prescribed in said conditions, to wit: "by a commission from the governor under the seal of the commonwealth, dated the day of ," there shall be inserted the following, viz: " and continued in office by the failure of the qualification of a successor pursuant to law;" and that the words "last past," in said conditions prescribed, shall be omitted. The sheriff may be thus continued Sheriff may be so in office from year to year, as long as a successor shall fail to be year to year. duly qualified as above prescribed; and the former official bonds Effect of his pregiven by such sheriff shall always continue in force, until the new bonds. bonds shall be given by him as herein required, or until he shall have vacated his office by his failure to give them. (a) bonds. continued from vious official for collection of 2. Be it further enacted, That the condition of every bond here- Sheriffs' bonds, after taken from a sheriff or public collector for the collection of taxes, to include taxes, and arrears of taxes, shall be so framed as to secure also the militia fines. true and faithful collecting, accounting for and paying the militia fines imposed by law, and arrears of militia fines due in his county: and the condition of every sheriff's bond hereafter taken for the For collection of collection of levies, fines, forfeitures and amercements, shall be to include poor made to embrace the collection of all poor rates assessed in his rates. county, by inserting in the form of the condition prescribed by law, the words "and poor rates," next after the word "levies."(b) levies, fines, &c. collectors of coun rates. 3. Be it further enacted, That it shall be the official duty of Sheriffs to be sole every sheriff hereafter qualified, to collect the county levies and ty levies and poor poor rates, and to account therefor in the manner prescribed by law; and no other collector thereof shall be appointed, either by the county court or the overseers of the poor, unless when the office of sheriff shall be vacant. If any sheriff shall fail to account for Remedy against sheriff failing to and pay to the overseers of the poor, or to their order, the poor rates account for and placed in his hands for collection, or any part thereof, at the times pay poor rates plaand in the manner prescribed by law, it shall be lawful for the said for collection. Acts 1820-21, ch. 29, p. 28. (a) 1 Rev. Code 1819, ch. 78, § 6, p. 277; § 11, 12, 13, pp. 278, 279. See post. ch. 134, § 2. (b) Ibid. § 12, p. 278. ced in his hands |