Disallowing application for letters of administration or probate of will, to be taxed against the party failing to sustain the application, Every continuance, For the bonds upon letters of administration, or the appointment of a guardian, 50 25 50 Probate of will and letters testamentary Drawing a decree respecting the probate of a will or codicil, Bond for the execution, A warrant to divide an intestate estate among the heirs, a warrant to set off the widow's dower, or a warrant to receive and examine the claims on an insolvent estate, Drawing a decree on the settlement or partition of an estate, A citation or summons for the first person named therein, Each other person named therein, Drawing an order of distribution, Drawing a quietus, Entering and filing a caveat, Proportioning an insolvent estate among the creditors, 50 37+ 50 25 12 374 50 121 75 123 121 Entering an oath of an executor or administrator, 121 12 25 Filing an inventory, Entering the account of an executor, administrator, or guardian, for every hundred words, Copies of papers when required, for every one hundred words, Seal to an exemplification, Recording wills, codicils, and the proof thereof, letters of administration, of guardianship, deeds, and other matters, for every one hundred words, And where any will, deed, or other matter, is in any other than the English language, then for every sheet containing 100 words, in addition, And when a translation of any such will, deed, or other writing, is required, he shall be entitled to receive, for every one hundred words, 121 64 25 Appeal bond, $ 50 But no fee shall be demanded for taking from the files in his office, or transferring to the place of the sitting of the probate court such papers as are necessary in the settlement of any estate or account in said court. And no fee shall be taken by the judge of probate in any case where it shall appear, by the oath or affirmation of any person applying for letters testamentary or of administration, that the goods, chattels, and credits of the testator or intestate do not exceed the value of forty dollars. County Surveyors' Fees. For surveying each forty acres, For surveying all over two hundred, Mileage, going and returning, per mile Certified copy of survey, Certified plat of survey, court, per day, For going to, returning from, and attending SEC. 4. All fees shall be paid by the party requir- Fees, when to ing the services, on the same being rendered, and be paid and by the bill of particulars presented, if required. whom. Bill of particulars. SEC. 5. In all cases where an officer in the execution written adverof his office shall be required to write or set up an tisements. advertisement, such officer shall be allowed therefor (if not otherwise provided for) twenty-five cents each; and if any advertisement is required to be Advertisepublished in a newspaper, the money therefor shall ments in newsbe paid by the party, and taxed in the bill of costs. papers. act. SEC. 6. For all services required to be performed Fees not enuby law, and not herein enumerated, the officer per- merated in this forming the same shall be allowed such reasonable fees as the supreme or district courts may tax therefor. SEC. 7. When any prosecution, instituted in the What fees are name of the United States for breaking any law of to be paid out this Territory, shall fail, or where the defendant shall al treasury. of the territori Fair tables of offices. prove insolvent, or escape, or be unable to pay the fees when convicted, the fees shall be paid out of the territorial treasury. SEC. 8. Every officer, whose fees are hereinbefore fees to be set ascertained, limited, and appointed, shall publish and up in public set up in his office fair tables of his fees, according to this act, within six months after the passage thereof, in some conspicuous part, for the inspection of all persons who have business in such office, upon pain of forfeiting, for each day the same shall be missing through such officer's neglect, a sum not Form of action, exceeding two dollars, which may be recovered by action of debt in the name of any person, before any justice of the peace of the proper county. Penalty. and before whom recoverable. Taking more than lawful fees. Penalty. Bill of particulars and receipt, to be given, if required. When, and to whom, fees to be paid in ad vance. Limitation of SEC. 9. If any officer shall wilfully or corruptly take greater fees than are hereinbefore expressed and limited for any service to be done by him in his office, or if any person shall charge or demand and take any of the fees hereinbefore ascertained, where the business for which such fees are chargeable shall not have been actually done and performed, such officer, for every such offence, shall, on conviction thereof before any justice of the peace of the proper county, forfeit and pay a sum not exceeding fifty dollars: Provided, that nothing herein contained shall be so construed as to prevent clerks from taxing in the bill of costs, to be recovered by the successful party, the fee for making up records. SEC. 10. It shall be lawful for any person to refuse payment of fees to any officer who shall not have made out and presented a bill of the particulars signed by him, and on payment such officer shall, if required, give a receipt therefor. SEC. 11. The travelling fee to a witness, together with the fee for one day's attendance, shall, in all civil cases, be paid to him, if required, before he shall be liable to any penalty for non-attendance; and after he shall have attended two days, the fees for one day's attendance shall be paid to him, if required, on or before the succeeding day, and so from day to day for as many days as he may be required to attend. SEC. 12. In cases where there is a confession of fees to clerk & judgment at the first term, or where the cause is sheriff, in cer- settled by the parties before or during the first term, the whole fees to the clerk, after the return of the writ, shall not exceed one dollar and fifty cents, and tain cases. the whole fees to the sheriff, after the return of the writ, shall not exceed fifty cents. SEC. 13. Every citizen of this Territory shall have Citizens to free access to all public records, without being taxed have free acany fee therefor. cess to public records. whom approv SEC. 14. The judges of probate and county clerks Who shall proshall procure good and well bound books, to be ap- cure record proved of by the judges of the supreme court, the books; by judges of probate, and the judges of district courts, ed. respectively, which books shall be the property of whose properthe Territory in the case of the books of the supreme ty they shall court, the expence of which to be paid out of the be and how territorial treasury; and of the county in the case of paid for. the books of the probate and district courts, the cords. expence of which to be paid out of the county. treasury. County re fees out of the SEC. 15. No officer, witness, or other person shall Who shall rehereafter have any claim upon the territorial treasury ceive costs and for services rendered in any other court than the territorial treasupreme and district courts of the Territory of Iowa, sury. which officer and persons are designated in the succeeding section. preme court. SEC. 16. The sheriff shall be allowed two dollars Sheriff's per and fifty cents per diem for every day he shall actu- diem in sually attend upon the supreme court, and one deputy Deputy sheriff. sheriff, in the absence of the sheriff, shall be allowed where paid. two dollars per day, which compensation shall be paid from the territorial treasury. district courts.. SEC. 17. The sheriffs in the several counties in this Sheriff's per Territory shall be allowed, for every day such sheriff diem in the shall attend the district court, one dollar and fifty cents per day; and in the absence of the sheriff, one deputy sheriff shall be allowed one dollar and Deputy Sheriff. fifty cents per day, for the days which such officers shall actually attend, to be paid out of the county Where paid. treasury of the proper county: Provided, always, Proviso. that, if the district court shall deem it expedient, such court may make an order to command any number of constables to attend said court, not ex- Constables. in ceeding three, to be entitled to a per diem allowance district courts. of one dollar and fifty cents per day each, for every day such constables shall actually attend, if the court shall think that number necessary, as shall appear by their records. SEC. 18. Hereafter the fees for recording any deed, Fees for remortgage, or other instrument required to be re- cording deeds, corded, shall be paid at the time of presentment for mortgages, record, if required by the recorder. When paid. &c. Discretion of judge, concerning costs, in certain cases. SEC. 19. When any prosecution, instituted in the name of the United States or of individuals, for breaking any laws of this Territory, shall fail, the judge shall determine from the circumstances of the case whether the prosecutor, the county, or the Territory, shall pay the costs. APPROVED, January 23, 1839. Boundaries. Seat of justice to be permanently fixed by a vote of the citizens. Persons entitled to vote. COUNTIES AND COUNTY SEATS. AN ACT to establish the boundaries of Louisa county, and to locate the seat of Justice of the said county, and for other purposes. SEC. 1. Be it enacted by the Council and House of Representatives of the Territory of Iowa, That the boundaries of Louisa county shall be as follows, to wit: beginning at the main channel of the Mississippi river on the line dividing township seventy-two and seventy three north, thence west on said township line to the line dividing Des Moines and Henry counties, thence north on said line to the line dividing township seventy-three and seventy-four north, thence west on said township line to the range line between five and six west, thence north with said line to the township line dividing townships seventysix and seventy-seven north, thence east with said line to the line of Muscatine county, thence south with said county line to the line dividing townships seventy-five and seventy-six north, thence east on said township line to the Mississippi river, thence down the main channel of said river to the place of beginning. SEC. 2. That for the purpose of permanently establishing the seat of justice for said county of Louisa, a poll shall be opened at the usual places of election in said county, on the first Monday of March next, for the purpose of receiving ballots for such places as may be voted for as the seat of justice of said county, and said ballots shall be deposited in a separate box from the other ballots which may be received at said election, and separate poll books kept. SEC. 3. Any person shall be entitled to vote for the seat of justice of said county, at said election, who is a free white male citizen above the age of twenty one years, and who has resided in the county at least thirty days next preceding the election. |