Rensselaer Union, Volume 7, Number 29, Rensselaer, Jasper County, 8 April 1875 — THE FEE AND SALARY ACT. [ARTICLE]

THE FEE AND SALARY ACT.

The following is an epitome of the Fee and Salary act recently passed by the Legislature: **.* # * * * CLERKS’ FEES. Sbc. 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 In 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 county called for at one time, 25c; for issuing and filing each subpoena for the Grand J ury, 10c; for each 100 words of copy of any record or paper when required (four figures counting as one word), 10c; and if the number of words in any copy be less than 500 words, for such copy, 50c; for all entries in order books or complete records when no specific fee is allowed, per 100 words (four figures counting as one word), 10c; and if the number of words in any copy be less than 500 words, for such copy, 50c; 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, sc; 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 include certificate and seal, 50c; for recording certificate of estray, 50c; for entering defendant’s appearance to action, to include all the defendants appearing at one time, sc; for taking, approving and attesting stay of execution, including all affidavits, 25c; for issuing fee bills for fees not his own, per 100 words (four 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.Jje made tor any affidavit not expressly authorized by law, 20c; for each certificate and seal, except to'process and affidavits, and except as to soldiers and seamen, their widows and heirs, in application for pay of bounties and pensions, 50c.; for taking, approving and recording official bonds, including all affidavits, $1; for attending as Clerk of Board of Canvassers, per day, $2.50; for issuing and recording declaration and naturalization of any person desiring naturalization, $1; for issuing certificates of naturalization and affidavits of obligation of ailegianqe, si; for docketing each cause on the judgment and execution docket for the first term such cause is in court, 10c; for each subsequent term, sc. 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 furnish at their own expense all. stationery and blanks required for use in their offices respectively, excepting bound records, fee books, cash books, order books and dockets in criminal proceedings. For taking a recognizance, 25c; for every writ or other process, 50c; making record, per 100 words, 10c; copy of records when required, per sheet of 100 words (four figures count ing as one word), 10c; for impaneling and swearing jury, 25c; swearing each witness or bailiff, sc; receiving and entering verdict, 10c; entering defendant’s plea of guilty, 10c. All the allowances made by the court at any term shall be included in one certificate bv the Clerk and he shall be entitled for said certificate and to be included therein the sum of $1; discharging a recognizance, 10c. Sec. 6. In estates of SSOO and under taken by the widow, no costs or fees shall be taxed or collected. Sec. 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 shall be kept open for inspection during his continuance in office and shall be delivered to his successor in office.

Sec. 8. Such 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) efor whom money has been paid into his harms, 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 shall turn the same over to his successor in office. Sec. 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, to be allowed by the Judge of said court and paid out of the county treasury. Sec. 10. No fees or charges shall be made by the Clerk against any estate or the executor or administrator thereof except as the same is in this section provided. For liters of administration and recording the same, including all statements, oatha and affidavits, filing, approving and recording the land, $2; or filing and entering of record, report of executor or administrator for each 100 words (for figures countingas one word), Bc. Clerks shall index in proper indexes, to be provided and kept for that purpdse, all records and dockets pertaining to estates, and for which service they shall receive a fee for each entry on *uch index of sc; for recording all inventories, safe bills and otner proceedings required by law to be recorded, per 100 words (four figures counting as one word), 8c; for all copies of same (four figures counting as one word), 8c; for taking, attesting and tiling 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 certificate thereon, $1; for proving a codicil and indorsing the certificate thereon, 50c; forgiving each notice required by law, 5Jc; tor each certificate and seal, 50c; for eptering each estate in the several dockets in Jhe court, 25c; fop entering the continuance off an estate,to be charged only when specially ’ordered by the court. 10c; for filing each paper, 3c; for every trial, 25c. No fees or charges shall be made by Clerks against the estates of minors except as below provided. For application of letters and statement, including all affidavits, and for filing and recording the same, and for the taking, approving, acknowledging, filing and recording bond, and issuing, filing and recording letters, to include all the services connected therewith, $1; for each two years such guardianship is pending in the court the Clerk shall receive one dollar when the assets in the hands of the guardian do not exceed SI,OOO, and two dollars when the assets exceed that sum. AUDITOR'S FEES. Sec. 11. The Auditor of each county shall be allowed the sum of $1,500 per year for hie services, and no more, except as provided for in this act. When the population of the county exceeds 15,'00. as shown by the last preceding census taken by the United States, the additional sum of sl2 ’for each 1,000 inhabitants of such county over 15,000 shall be allowed to such Auditor, and SIOO for making all reports required by law to the Auditor of State. Such allowance shall be made in quarterly installments by the Board of County Commissioners during their regular sessions in March, June, September, and December, and paid out of any revenue of such county not otherwise appropriated; but payment shall not be made in advance of services rendered.

Sec. 12. In addition to the compensation provided for in the preceding section Auditors may charge to the person for whffin snch services are rendered the following fees, to-wit.: For copies of all records, deeds and other writings not herein provided for. for each 100 words (four figures counting as one word), to be paid for by the piyson requiring the service, 10c—but in no case to be charged again«t the county. For writing affidavit and swearing affiant thereto, 25c; 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 the same, -Oc; for every entry and transfer of land for taxation, to be paid by the person requesting such transfer, for each tract or town lot, iOc; for each tax deed, to be paid by the person receiving such deed, including acknowledgment and registry. sl.; for taking and approving bond and recording the same, to be paid by the party giving the same. $1; making certificates of Jax-sale, including registering and recording the same, to be paid by the person receiving rhe same, 50c: for acknowledging and recording assignment of the same, to oe paid by-the person receiving the assignment, 80c. For services rendered by the Auditor in any matter litigated before the Board of County, Commissioners, the same fees shall be taxed and coilected bv him as are allowed Clerks for similar Services, but no fees or charges for such services shall be charged against the county or paid out of the county treasury. Auditor® shall receive 1 per cent, for managing' the school fnn.d of the county and no other fee or compensation therefor.

ms. Sec 13 The Trex ' BUrer of e *ch county shall be al& tie sum Sf>. officer and no more, and the i 8^ a be allowed by the Board of Commi.sk ’“ e ™ “ I qn t rter ‘i ,nßtall rnents, at their regular as 8 „“? *? March, June, September and December, ?- pa . of ai ? y moneys in the treasury in lou S ln ß the county not otherwise apDropriated. . u „ , Sbc. 14. County Treasurer. . s hall also charge and receive, as a further the rate of 1 per cent, on the fir»t ot taxes by them collected; and on all stubs co L lected in excess thereof one-half of 1 per cent., k” 1 paid as provided in Sec. 13. They shall aMo r. ecelv e and retain out of all delinquent taxes co+lecti' d 5 P er cent, when paid voluntarily and without le V. and 6 per cent, if paid after levy, and the Treasurer shall be allowed the same fees and charges for making distress and sale of goods and chattels for the payment of taxes as may be allowed law to Constables for making levy and sale of property on execution. Treasurers shall for their sen ices 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, BBERIFF AND TREASURER. Sec. 15. The Board of County Commissioners shall make no allowance not specially required by this act to any County Auditor. Clerk, Sheriff or Treasurer, either directly or indirectly, nor to any- clerk, deputy, bailiff or employe of such officer, nor shall they employ or authorize the employment 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 any sum not less than double, nor more than five times, the amount of such allowance, to w'hich may be added imprisonment in the County Jail for any period not more than sixty days, and the office o such CommissioEer shall be delared forfeited.

Sec. 16. The Sheriffs of the several counties of the State shall tax and charge the following fees and none other, to-wit.: For serving a wrtt in a criminal cause and taking into custody, 50c; for every mile necessarily traveled in going and returning to serve process, 10c; for taking bail, 25c; for taking recognizance, 25c; 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. 25c; for discharging each prisoner from jail, 25c; for holding an inquisition and drawing it up in form and rehearing the same, $1.50. For removing persons to the Insane 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 as above, 40c; serving a subprena, with mileage as above, 40c. Selling property on execution, a commission of 4 per centum on the first S3OO 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 bona, 50c.; serving a capias 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 mileage as 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 number 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 as the other costs in the cause are taxed, for each mile so traveled, 10c; for taking each convict to State Prison, per mile going ana returning by the nearest route by railroad, 15c; -and for each additional convict taken at the same time the actual expenses of each additional convict shall be paid out of the State Treasury on certificate of the Warden of the prison. Sheriffs shall not be entitled to any fees for services performed by their bailiffs when such bailiffs 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 Jury shall require, under the advice and consent of the Judge of the court as to number required: Provided, That if the Sneriff does not attend upon the court in person the court may appoint one bailiff to attend in the court-room during term time, paying court bailiffs $2, and riding bailiffs $3. 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 letters received from or directed to the Clerk of the Supreme Court, inclosing process issued by said court, the amount thereof to be returned as an item of charge. For boarding each prisoner lawfully in his charge, per day, 60c—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 requiring the service. For each commitment or discharge of a prisoner under the authority of any city or incorporated town, to be paid by such city or town; 25c. In all cases where the Sheriff shall perform any service for the county required by law to be performed t>y him, and there is no provision for its payment, the Board of County Commissioners shall allow and pay such Sheriff the same compensation as is allowed by law for similar services; but the Sheriff shall make out an itemized statement of all such services performed for such county before such allowance is made; but 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 person or by deputy, for each actual day’s attendance, $2. LEGAL ADVERTISING. Sec. 17. Legal advertising growing out of any duty of the Sheriff, Clerk, Treasurer, 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 such printing is done for the county the Board of County Commissioners shall allow the same and pay it out of the county treasury according to the rate herein fixed. The compensation of such printer for such advertising shall be as herein set forth, to-wit: For each advertisement. per square of 200 eras, first insertion, sl. For each additional insertion 50c. And in case such officers shall be unable to procure such advertising for the price fixed herein it shall 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.

RECORDERS' FEES. Sec. 18. The fees oi County Recorders shall be as follows, to-wit: For recording deeds and mortgages and the acknowledgments thereto and indexing the same, *1.25; for certificates not under seal and taking acknowledgments of deeds and mortgages, 25c: for each certificate and seal, 50c; for recording all other instruments and giving certified copies of any record, per each 100 words, 10c; for recording town plat, for first 100 lots or under. $3; for each additional lots 1c; for issuing fee bills for fees not his own, sealing and certifying the same, 50c. Sec. 19. It shall 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 left for record, whether the fees for recording the same have been paid or not, and it shall be the duty of all ex-Recorders who have withdrawn such deeds, mortgages or other instruments from the Recorder’s office to deliver the same to his successor in office, or to the Recorder of said county, where such deeds, mortgages or other instruments shall be at all times kept until paid for and withdrawn by. the parties entitled thereto: but such retiring Recorder may have the fee bills delivered to him for any such deeds, mortgages or other instruments on which he has fees for recording the same remaining unpaid and the acting Recorder may demanahis fees in advance, and before entering and recording any such deeds, mortgages or other instruments. Sec, 20. In cases where Recorders. Clerks, Auditors or other public officers have recorded any deed, mortgage or other instrument in a printed record or book, the same in all such cases are hereby legalized, and County Recorders are prohibited from using such printed forms for record books in which to record any instrument after such printed records as may now be on hand adin use belonging to the county are filed. Sec. 33; No allowance shall be made or paid out of the county treasury by any Judge of Court or Board of County Commissioners for any services rendered by any county officer in a criminal cause nor for any services rendered in a civil cause, nor for any extra service as such officer, nor for deputy hire. Sec. 35. If any of the officers named in this act shall tax any fee or make any charge for services not by hiffi performed, or shall charge for sucn service atiy other fee or any higher rate than is allowed by this act. atiy such officer shall be deemed guilty of a misdemeanor, and upon conviction thereofshall be fined in any sum not less than five dollars, to which pi ay be added imprisonment in the County Jail for any period not exceeding one year, and any such officer offending a Second or subsequent time, upon conviction of any such offense, shall forfeit 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 jn some conspicuous place in their offices, ant) there keep, a table of their fees, and on failure so to do shall have no right to demand or receive any fees for services rendered by them as such Clerks during the time such tables are not so posted up.

Sec. 38. Witnesses shall claim their fees at such J^ 1 rn '. ,a attend, and not afterward; and h.TJSA* 11 . nol r BBCh u ft j; B at th « time the y •«* claimed, but 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 while he is in office to issue fee bills from the books aforesaid, and the records and papers on file in his office, for services rendered by himaelf or for services rendered by any other person in said court, at any time after such services are rendered.

Bec. 39. No action shall be maintained on any fee bill due any person so long as the party owing the same shall reside within the jurisdiction of the coart issuing the same. „ ? KC ' Circuit Coart, Superior and v-riminal Court, or a Judge thereof in vacation, or a Justfee of the Peace, as the case may be, if a question arise concerning any bill of costs, or if the person charged therewith shall allege payment thereof, shall, upon metion of any party interested therein, and reasonable notice thereof, determine, accostfing to the rights of the parties thereto, and make orders accordingly. Sec. 41. After five years from the termination of any suit in which services have been rendered no fee bill shall issue for such service 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 sees accrued, or the Judge thereof in vacation, or a Master in Chancery, or a Justice of the Peace, as the case 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.

See. 42. Every fee bill shall be made out in words and figures at full length, with a statement of each item in plain phraseology, and each officer may at the foot of any of his fee bills make out his mandate to the proper officer, commanding him to collect the same as reaulred 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 as a lien upon the real and personal estate of the debtor, except as to the fee bills of Justices of the Peace, Constables, and township officers, which shall be treated as, and have the force and 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.

Sec. 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 are issued within six years after the services are rendered. Any Clerk of a Circuit Court, Superior or Criminal Court, may issue the fee bills of the Sheriff, or former Sheriffs of his county; any Justice of the Peace may issue the fee bills of a Constable, or former Constable of his township: Provided, The same is done in the manner and within the time specified in the preceding section. Sec. 44. In 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 prosecutions by any Prosecuting or District 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. Sec. 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 hi* term of office to pay over to his successor in office all, moneys of every description, to whomsoever due, remaining*in his hands at the expiration of such term, taking the receipt of such successor therefor, and such successor and his sureties shall he 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 on 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 State Prison not less than one nor more than five years. Sec. 48. Any county, State or township officer who shall tax or charge and attempt to collect any fee or costs or claim for 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. Sec. 50. In no case shall any money be paid out of any county treasury "for any printed blanks for the use of any county officer, except printed heads and rulings in record books 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 County Commissioners make any allowance to any county officer lor any printed blanks used by such officers, except for the use of the county, nor shall any Board of County Commissioners make any order for the payment of any money out of the county treashTy 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,” approved March 2, 1855; 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 June 4, 1861; also an act entitled “An act to amend Sec. sos an act entitled ‘An act regulatj 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, 1855,” approved April 20, 1869; also an act entitled “An act to amend Sec. 20 of an act entitled ‘An act regulating the fees of officers and repealing former acts in relation thereto,'approved March 20,1855,” approved March 9,1867; also 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. 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-Public 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 act to prevent the defalcation of certain officers therein named, and to provide penalties therefor, approved March 1, 1855: And provided further. That in all cases where Clerks and Sheriffs have not 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. 21, 1871, and are liable to indictment and conviction under said Sec. forty" nine (49) and Sec. thirty-eight (38) of said act, such Clerks end Sheriffs shall continue and remain liable to indictment, prosecution and conviction under said sections as though said act had not been repealed: And provided further, That an act entitled “An act to’ increase the salaries of the Prosecuting Attorneys of the Criminal Circuit Courts, and providing for the payment of the increase out of the proper county 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, but no act or part of act repealed by an act entitled “An act regulating the fees of officers and providing penalties for its violation; repealing certain acts therein named, and prescribing certain duties to be performed by State, county and township officers, and matter’s properly connected therewith, and declaring an emergency," approved March 3. 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 State 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 Junel , 1852, be and the same is hereby repealed: Provided further. That Sec. 107 of an act entitled "An act to provide for a general system of common schools, the officers thereof, and their respective powers and duties, and matters properly connected therewith, and prescribing the fees for certain officers therein named, and for the.establishment and regulation of township libraries, and the repeal of all Jaws inconsistent.therewith, providing penalties therein prescribed,” ap proved March 6,1855, be and the same is hereby repealed.

—Mica was first introduced into Europe from Russia, and was then known as Muscovy glass. The name is derived from the Latin miro, to shine. The most extenaive mica mines now worked are situated in Dhoba and Dunwee, in India, one in Canada, one. in New Jersey, and a very ancient one in North Carolina There have been small beds of mica found in other sections of the United States, but they have not been worked to any great extent. —The total cost of the proposed British Arctic expedition for research is now estimated at £150,600.