Jasper Republican, Volume 1, Number 30, Rensselaer, Jasper County, 9 April 1875 — THE FEE AND SALARY ACT. [ARTICLE]

THE FEE AND SALARY ACT.

Tbc following is an epitome of the Fee and Salary act recently passed by the Legislature: • *••••* CLXBKB’ FXXB. Bsc. 5. That the Clerks of the Circuit, Superior and Criminal Courts of this State shall tax and charge upon the proper books, to be provided and kept ia their offices, for the services by them performed in said county the fees and amounts following, to-wit: For each writ, summons or other process under seal, except fee bills, executions nd subpoenas, 50c; for each subpoena, to include all witnesses of one eountv called for at one time, 25c; for issuing and ilfing each subpoena for the Grand Jury, 10c; for each 100 words of copy of any record or paper when required (four figures counting as one word), H)c; and if the number of words in any copy be less than MO words, for such copy, 90c; for all entries in order hooks or complete records when no specific fee ia allowed, per 100 words (four figures coanting as one word), 10c; and if the number of words in any copy be less than 500 words, for such copy, 40c; for receiving and entering verdict of a jury, 10c; for filing each paper, except in estates and guardianships, sc; for swearing a jury, 10c; for entering satisfaction of record, sc; for administering each oath in court, to include all persons sworn at one time, se; for entering satisfaction of record in Recorder's office, 15c; for making out notice to non-resident defendant, 50c; for marriage license, to include all affidavits, recording certificate, filing papers, registering and indexing, $1.25; for issuing copy of marriage license, to lncinde certificate and seal, 50c; for recording certificate of estray, 90c; for entering defendant's appearance to action, to include all the defendants appearing at one time, 9c; for taking, approving and attesting stay of execution, including all affidavits, 29c; for issuing fee bills for foes not bis own, per 100 word* (tour figures counting as one word), 10c; for issuing execution or decree, sealing, certifying and docketing same, and recording the return, *1: for filing, registering and preserving statement of insurance, 25c; for filing, recording and docketing a transcript of judgment to become a lien on real estate, and entering satisfaction of same, $1; for each affidavit not otherwise provided for. provided no charge shall be made for any affidavit not expressly authorised bylaw, 20c; for each certificate and seal, except to process and affidavits, and except as to soldiers uid seamen, their widows and heirs, in application for pay of bounties and pensions, 90c.; for taking, approving and recording official bonds, including all affidavits, $1; for attending as Clerk of Board of Canvassers, per day, $2.90; for leaning and recording declaration and naturalisation of any person desiring naturalization, $1; for issuing certificates of naturalization and affidavits of obligation of allegiance, $1; far docketing each cause on the judgment and execution docket .or the first term such cause is in court, 10c; for each subsequent term, 6c. Clerks shall tax in each civil cause, to the losing party, as a part of costs of the cause, to be collected as the other costs are and paid into the county treasury as a docket fee, $2. And such Clerks shall fornish at their own expense all stationery and blanks required for use in their offices respectively, excepting bonnd records, fee books, cash books, order books and dockets in criminal proceedings. For taking a recognizance, 85c; for every writ or other process, -60 c; making record, per HO words, 10c; copy of records when reS aired, per sheet of 100 words (four figures count lg as one word),. 10c; for impaneling and swearing jury, Sic; swearing each witness or bailiff, sc; receiving and entering verdict, 10c; entering defendant's plea of gnllty, 10c. All the allowances made by the court at any term shall be included in one certificate br the Clerk and he shall be entitled for said certificate and to be included therein the snm of $1; discharging a recognizance, 10c. Sxc. 0. In estates of SSOO and under taken by the widow, no costs or fees shall be taxed or collected. Sxc. 7. The Clerk shall keep a cash book in which he shall enter consecutively and as received each sum of money by him received, with the date of such receipt, with a brief mention of the cause or matter in . which it was received, which ahall be kept open for inspection daring hia continuance in office and shall be delivered to his successor in office. Snc. 8. Snch Clerk shall also keep a register of witnesses, and other fees not his own, in which he shall enter as soon as received the names of all persons (alphabetically) for whom money has been paid into his hands, stating plainly the name, in what cause, and in which fee book and page taxed, the amount so paid, when paid into his hands and when paid out, which book or register shall be at all times open for inspection in some conspicuous place in his office, and he turn the same over to his successor in office. Bbc. 9. For attending the Criminal or Superior Court, per day, and entering the record of the court, either In person or by deputy, the Clerk shall receive two dollars, ts be allowed by the Judge of said court and paid out of the county treasury. Sue. 10. No fees or charges ahall be made by the Clerk against any estate or the executor or administrator thereof except as the same is in this section provided. For letters of administration and recording the same, including all statements, oaths and affidavits, filing, approving and recording the land, $8; or filing ana entering of record, report of execator or administrator for each WO words (for figures counting as one ward), Bc. Clerks shalllndex in proper indexes, to fee provided and kept for that purpose, all records and dockets pertaining to estates, and for which service they shall receive a fee for each entry on snch index of sc; for recording all inventories, sale bills and otner proceedings required by law to be recorded, per ICO words (four figures counting as one word), 8c; for all copies of same (fonr figures connting as one word), 8c; for taking, attesting and fling each affidavit required by law, 15c; for administering each oath, sc; for each writ required by law, 50c; for proving a will and indorsing the

cate and seaT sfc;Jbr enteriag each estate tote CmLaodtetterelto include all toe services eoXnected therewith, $1; th£«mrt 3 the*c££k shall receive oaTdollra exceed that sum. _ «** InfitS's ms. xseoaasas^ffsj^ orarWno'ehan' beallowed to each AueUtorTrad *IOO tor making aU.teuartareaaixcxl by law to the iadHorT&nSX'WßWtoSFvhen be made oat of any revenue of ««ch eoanty not otherwise appropriated; bat payment shall not be made in advance of services rendered. B*c. IS. In addition to the compensation provided for in the preceding section Auditors may the SKSSSSMSt• f jS’£pte2 of all records, deeds sad other writings not herein provided for, for each 100 wordr (fan* figures counting as one word), to be paldfer pj the person requiring the service, 10c— but in no ease to be charged against the county. For writing, affidavit am! swearing affiant thereto, 26c; for each license, to be paid by the licensee, $1; for each subpoena, including all witnesses of a county, to be paid by the person ordering t»e same, 60c; for every entry and transfer of land for taxation, to be paid by the person requesting such transfer, for each tract or town lot, 10c; for each tax deed, to be paid by the person receiving such deed, including acknowledgment and registry, $1; for taking and approving by» mi Recording the same, to be paid by me party giving the same, $1; making certificates of tax-sale, including registering and recording the same, to be paid by the person receiving the ssme, 506; for acknowledging and recording assignment of the same, <obe paid hr the person receiving the assignment, 50c. For serv£*«f tendered by the Auditor In any matter litigated before the Board of County Commissioners, the same fees shall be taxed and collected by him as are allowed Clerks for similar services, hid no fees or charges for such services shall be charged against thenounty or paid out of the county treasury. Auditors shall receive 1 per cent, for managing the school fund of the county and no other fee or compensation therefor. a , .

treasures's ms. Sac. 13. The Treasurer of each county shall be allowed the sum of SI,OOO annually as such officer and no more, Mid the same shall be allowed by the Board of Commissioners In quarterly install ments, at their regular sessions in March, June, September and December, and paid ont of any moneys in the treasury belonging to the county not otherwise appropriated, ; Sac. 14. County Treasurers shall also charge and receive, as a farther compensation,at the rate of 1 percent, on the first $160,000 of taxes by them collected; and on ml sums collected in excess thereof one-half of 1 per cent., to be paid as provided in Sec. IS. They shall also receive and retain out of all delinquent taxes collected 5 per cent, when paid voluntarily and withoutlevy, and 6 per cent, if paid alter levy, and the Treasurer shall be allowed the same fees and charges for making distress and ShJejbf goods, And chattels for the payment or taxes as maybe allowed by law to Constables for making levy and sale of property en execution. Treasurers shall for their services in going to Indianapolis and returning by the nearest route by railroad to make their semi-annual settlements with the State Treasurer receive from the State Treasurer at the rate of ten cents per mile. . , . > AUDITOR, CLERK, SHERI TT AHD TREASURER. Sec. 15. The Board of County Commissioners shall make no allowance not specially required by this aet to any County Auditor, Clerk, Sheriff or Treasurer, either directly pr indirectly, nor to any clerk, deputy, bailiff or employe of such officer, nor shall they employ or authorize the emplovment of any deputy, bailiff or clerk of such officer, and for a violation of. the provisions of this section each member of such Board favoring the same shall be guilty of a misdemeanor and, on conviction, shall be fined in fay.snm not less than doable, nor more than five times, the amount of such allowance, to which may he added imprisonment in the County Jail for any period not more than sixty days, and the office o such Commissioner shall pe delared forfeited. SHERIWS* RES.

Sxc. 18. The Sheriffs of the several counties of the State shall tax and charge the following fees and none other, to-wit: For serving a writ in a criminal cause and taking into custody, 50c; for every mile necessarily traveled in going and returning to serve process, 10c j for taking fail, 25c; for taking recognizance, 95c; returning writ, 10c: for summoning a jury of twelve men, with mileage as above, $1; for a less number, 50c; for executing a writ of possession, and mileage as above, $1; for every person committed to Jail, 26c; for discharging each prisoner from Jail, 25c; for holding" an inquisition and drawing it up In form and rehearing the same, sl.to. For removing persons to the In-, sane Asylum, House of Refuge or Reformatory for Women and Girls the same compensation as allowed for taking convicts to the State Prison, to be paid out of the county treasury. Serving a summons, with mileage aa above, 40e; serving a subpoena, with mileage as above, 40c. Selling property on execution, a commission of 4 'per centum on the first SBOO and 1 per centum on any excess above that amount, but when the money is paid to him without sale one-half of the above commission only shall be allowed and mileage as above; taking a valuation of land, 50c.; taking a replevin bond, 50c.; serving a capiis ad satisfaciendum, 50c; levying on property and advertising the same, with mileage as above, sl. When no money is made no other fee or reward shall be allowed on execution, except for the expenses of keeping property. Making a certificate of sale on execution or decree, $1; for making a deed, $1; calling and impaneling a jury, 10c; serving a writ of attachment when property is taken, with mileages Above, 25c; for each day after the first in making inventory and appraisement of property taken under writ of attachment, $2; returning same, 25c; for the actual nnmber of miles necessarily traveled in going and returning to post up notices for the sale of any real or personal property, to be taxed and collected aa the other costa in the cause are taxed, for each mile so traveled, 10c; for taking each convict to State Prison, per mile going and returning by the newest route by railroad, 15c; and for each additional Convict taken at the same time the actual expenses of each additional convict shall be paid eat of the State Treasury on certificate of the Warden of the prison. Sheriffsshall not be entitled to any feea for services performed by their bailiffs when snch bailiff's are receiving pay by the day from the county-at the time such services are rendered. The Sheriff shall appoint as many bailiffs at each term of the court as the business of the court and Grand Jnry shall require, under the advice and consent or the Judge of the court as to nnmber required: Provided, That if the Sheriff does not attend upon the court in person the court mar appoint one bailiff to attend in the court-room during term time, paying court bailiffs $2, and riding bailiffs SB. The fees taxed on any process served by bailiffs shall be collected and paid into the county treasury and shall belong to the county. For postage paid for lettera received from or directed to tne Clerk of the Supreme Court, inclosing process issued by said eourt, the amount thereof to be returned as an item of charge. For boarding each pi>oner lawfully in his charge, per day, 88c—to be paid out of the county treasury. In criminal cases not provided for the like fees as for services in civil cases shall be allowed. For collecting fee bills, except for his own fees, 6 per cent, on the amount collected. For taking a prisoner to another county the same compensation as allowed for taking a prisoner to the state Prison, to be paid by the county rearsWr ?®tssSsj&i srassß s any city or incorporated' town, to be paid by snch city or town, Sic. In all cases where the Sheriff shall perform any service for the County required by law to be performed by 'him, and there is no provision for its payment, the Board of County Commissioners shall allow and pay snch Sheriff the same compensation as is allowed by law for similar services; but the Sheriff shall make ont an itemized statement of all auch services performed for such county before such allowance is made; bat such allowance shall not be made unless such statement shall be filed with the Board ten (ten) days before the Commissioners’ Court meets, and any citizen may resist the allowance of said account. For attending court in pereon or by deputy, far each actual day’s attendance, $2. LXOAI# ADVZBTTSINO. Sxc. 17. Legal advertising growing ont pf any dnty of the Sheriff, Clerk, Treasure)-, Auditor, executors, administrators, guardians, trustees and assignees (except the printing of the delinquent tax list) shall be by such officer charged up, collected and paid over to the printer. And where snch printing is done for the county tbe Board of County Commissioners shall allow the same and pay It out of the county treasury according to the rate herein fixed. The compensation or such printer for such advertising shall be as herein set forth, to-wit: For each advertisement, per square of 200 ems, first insertion, sl. For each.additional insertion 60c. And iii case such officers shall be unable to procure such advertising for the price fixed herefl) ftsbeH be Sufficient for him to post up written or printed notices, as the law requires, and such advertisement in a newspaper shall be dispensed with. Sxo. 18. The fees ot County Recorders shall be as follows, to-wit: For recording deeds and mortgages and the acknowledgments thereto And indexing the same, sl.2s; for certificates sot under seal and taking acknowledgments of deeds and mortgages, 25c: for each certificate and seal, 50c; for recording all other Instruments and giving oertified copies of any record, per each, 100 words, 10c; for recording town plat, for first 100 Jots or under, $8; for each additional lot, lc; for issuing fee bills for fees not his own, sealing and certifying the same, 50c. Sxo. 197 It ahall be the duty of every Recorder in the several counties of this State at the expiration of his term of office to deliver over to his successor in office all deeds, mortgages and other instruments in his hands feft for record, whether the fees for recording the same have been paid or not, and it ahf.il be

i__ itr-cordcr nsy dßßMiwliifl foefl fit rad before entering any such sssK-sssyi after such printed record* ae maynow bean hand SiSKfeKSIV cease, nor for any extra service as such officer, nor for denuty hire. .. ... Sec. S. If any of the officers named to this set shall tax any fee or mate any charge for a misdemeanor, and upon conviction thereof shall be fined in ray sum pot aK*?£«£j Sf exceeding one year, rad any snch officer offending a second or subsequent time, upon conviction of any snch offense, shall farfolt the office by him held and exercised, and be rendered incapable of holding any office of trust or profit for such determinate period as the court or jury trying the case may fix. CLERKS. Sec. 37. The Clerks of the Supreme, Circuit, Superior and Criminal Courts shall , post up in gome conspicuous place in their offices, and there keep, a fable of their fees, and On failure so to do shall have no right to demand or receive any fees for services rendered by them aa snch Clerks during the time such tables are not so posted up. Sec. 38. Witnesses shall ehtim their fees at such term as they attend, and not afterward; and Clerks shall note such fees at the time they are claimed, bat no fees shall be allowed the Clerk for any affidavit or any other proof of such attendance. And Sheriffs and Coroners are hereby required to indorse upon all processes directed to them their fees at full length, and all Clerks shall, in a book kept for that purpose, enter all the fees as the services are rendered, and the Clerk of the Supreme Court or of any inferior court of record shall have power whUe he is In office to issue fee bills from toe hooks aforesaid, rad the records and papers on file in his office, for services rendered by himself or for services rendered by any s c rvtccsareren dered CO * r *’ *“ y *** oUct Sec. 39. No action shall be maintained on any MSUCT.sr.a&N&M&siv the court issuing the same. Sso. 40. Bach Circuit Court, Superior and Criminal Court, or a Judge thereof in vacation, or a Justice of the Peace, as the care may be, If a question arise concerning any bill of costs, or if Uie person charged therewith shall allege payment thereof, shall, upon motion of ray party Interested therein, and reasonable notice thereof, determine, according to the rights of the parties thereto, and make orders accordingly. Sso, 41. After five years from the termination of any snit In which services hsve been rendered no fee-bill shall issue for such servioe until the party claiming the same shall give five days’ notice, in writing, to the party charged to appear before the court in which the fees accrued, or the Judge thereof in vacation, or a Master in Chancery, or a Justice of the Peace, as the oase may be, and show cause against the issuing thereof, and then if no sufficient cause be shown the court, Judge, Master in Chancery, or Justice of the Peace, as the case may be, shall order the said fee bill to be issued. Sec. 42. Every fee bill shall be made out In worda and figures at foil length, with a statement of each item in plain phraseology, and each officer may at the foot of any of hiafee bills make out his mandate to the proper officer, commanding him to collect the same as required by law and make due return thereof, and shall sign the same; and from the time such fee bill shall come into the hands of such collecting officer it shall have the force and effect of an execution from the Circuit Court, and shall be treated as such and shall operate ae a lien upon the real and personal estate of the debtor, except as to the fee hills of Justices of the Peace, Constables and township officers, which shall be treated as, and have the forc< anil effect of. an execution issued by a Justice of the Peace: Provided , No fee bill shall be so collected unless issued in the manner Above provided within six years after the services

are rendered. Sxc. 43. Any successor of such Officer may Issue fee bills for the fees of his predecessors in office in the manner proviced for in the foregoing section: Provided, such fee bills areissueawitmnsix years after the services are rendered. Any Clerk oi a Circuit Court, Superior or Criminal Court, may issue the fee bills of the or former Sheriffs of his county; any Justice of the Peace may issue the fee bills of a Constable, or former Constable of his towuship: Provided, The same is done in the manner and within the time specified in the preceding section. Sxo. 44. Iu all criminal cases where the person accused shall be acquitted no costs shall be taxed against such person nor against , the State o county for any services rendered in such prose" cations by any Prosecuting or Dlstriet Attorney Clerk. Sheriff, Coroner, Justice of the Peace, Constable or witness; but in all cases of conviction such fees and costs shall be taxed and collected from the person convicted.

ALL officers. Sxo. 45. It shall be the duty of each Clerk, Sheriff and Treasurer of the several counties In this State, and all other officers receiving money in their official capacity, at the expiration of his term of office to pay over to his successor in office all moneys of every description, to whomsoever dne, remaining In his hands at the expiration of such term, taking the receipt of such successor therefor, and such successor and his sureties shall be liable therefor on his official bond as if the same had been originally collected by him, and any Clerk, Treasurer or Sheriff so failing to pay over such moneys, or any successor or Clerk, Treasurer or Sheriff who shall fail to pay over any moneys to parties entitled to receive the same when called oh to do so, shall be deemed guilty of embezzlement and on conviction thereof shall be fined in any sum not exceeding SI,OOO and be imprisoned at hard labor in the S tate Prison not less than one nor more than five years. Sxc. 48. Any county, State or township officer who shall tax or charge and attempt to collect any fee or costs or claim foi official services to any person, or to the State, or county or township, other than the fee or costs provided by law, shall forfeit all the fees and costs to which he may he entitled in each cause or matter where he shall make such overcharge. # Sxc. 50. In no case shall any money he paid ont of any connty treasury for any printed blanks for the use of any county officer, except printed heads and rulings in record hooks and receipts given by Treasurers, quietus and other receipts given by Auditors, for which no fee is allowed by law, nor shall any Board of Connty Commissioners make any allowance to any countv officer tor any printed blanks ÜBed by snch officers, except for the use of the eoanty, nor shall any Board of County Commissioners make any order for the payment of ray money out of the county treasury for Stationery for the use of any county officer except for the use of the county.

Sec. 51. An act entitled “An act regulating the fees of officers, and repealing former acts in relation thereto,” approred March 8, 1856; also an act entitled " An act to amend the ninth section of an act regulating the fees of officers and repealing former acts in relation thereto," approved Jane 4, 1861; also an act entitled “An act to : amend Sec. 5 of an act entitled ‘An act regnlat ing the fees of officers, and repealing former acts in relation thereto,’ approved March 2,1855," approved March 3, 1865; also an act entitled “An act to amend Sec. 16 of an act regulating the fees of officers, and repealing former acts in relation thereto, approved March 2, IMS," approved April 30, 1869; also an act entitled "An act to amend Sec. 90 of an act entitled ‘An act regulating the fees of officers and repealing: former acts In relation there to,’approved March 20,185% ” approved March 9.1867; also an act entitled “ An aot regulating the-fees, salaries and duties of certain officers therein named, and prescribing penalties for tiie'violation of its provisions, approred Feb. 21,1871, be and the same are hereby repealed: Provided , That nothing in this act shall be so construed as to repeal an act regulating the fees of Clerks of Courts, Justices of the Peace, and Notaries-Pnblic in certain cases, approved March 9, 1867: And provided further , That this act shall not be so construed as to repeal an act entitled ‘An ait to prevent the defalcation of certain officers therein named, and to provide penalties therefor, approved March 1, 1856: And provided further. That in all eases where Clerks and Sheriffs have nqt made settlement with their Successors in office as required by the forty-ninth (49th) section of an act entitled "An act regulating the fees, salaries and duties of certain officers therein named, and prescribing penalties for the violation of its provisions," approved Feb. 81, 1871, and are liable to indictment and conviction under said Sec. fortynine (49) and Sec. thirty-eight (98) of said act, snch Clerks and Sheriffs snail continue and remain liable to indictment, prosecution and conviction under said Motions as though said act had not been repealed: And provided further , That an aot entitled "Anact to increase the salaries of the Prosecuting Attorneys of the Criminal Circnit Courts, and providing for the payment of the increase out or the proper connty treasuries,” approved March 4, 1867, be and the same is hereby repealed: And provided further, That all laws and parts of laws coming in conflict with the provisions of this act are hereby repealed, bat no act or part of act repealed by an act entitled "Ah act regulating the fees of officers and providing penalties for its violation; repealing certain acts therein named, and grescribing certain duties to be performed by tate, connty and township officers, and matters properly connected therewith, and declaring an emergency," approved March 8,1873, shall be revived: by the repeal of said act, and said act is hereby repealed: And provided further, That an act entitled ‘An act to regulate -the mileage of Sheriffs in conveying convicts to the SUte Prison, and of County Treasurers in making depos its, and in their settlement with the Treasurer and Auditor of State, and mileage of members of the General Assembly,” approved June IT,1 T , 1858, be aßd the earn* is hereby repealed: Provided further, That Sec. 107 of an act entitled “An act to-proriiJe for 5 general system of com*