Oct. 11, 1862, § 1036. Oct. 11, 1862, 1037. When party too poor to pay trial fee, without it. court, but shall not be entitled to recover off the adverse party any more of such fees than an amount equal to the fees in the county court in like cases. § 1069. [1037.] If at any time it appear to the satisfaction of the court or judge thereof, from the affidavit of the party or other evidence, that he cannot pay the may proceed trial fee, such court or judge may direct that he be allowed to proceed without the prepayment thereof; but if such party prevail so as to be entitled to collect such fee, as a disbursement, off the adverse party, when collected it shall be retained by the clerk as if paid in advance. Oct. 11, 1862, 1038. Trial fee to be paid clerk. How accounted for. Oct. 11, 1862, 1039. Trial fee Oct. 11, 1862, 1040. Trial fee to § 1070. [1038.] The trial fees shall be paid to the clerk of the court, who shall keep a regular account of them, and by whom paid, in his fee-book, and pay the amount of such fees received to the treasurer of the county, as often as once a month, taking his receipt therefor in duplicate, one of which such clerk shall file in his office, and the other he may retain as his private property. At the annual accounting of the county officers with the county court, the clerk shall exhibit to such court a detailed statement of the trial fees received by him in the course of the year, verified by his own oath. § 1071. [1039.] The trial fees in the supreme court shall be paid, deposited, and accounted for as provided in the last section, except that they shall be paid by the clerk to the treasurer of the state, and that the verified statement of the clerk shall be made to the secretary of state on or before the first Monday in September, for the year preceding. § 1072. [1040.] In justice's court, the trial fee is paid to the justice. He shall keep an account of them, and be paid jury by whom paid, and distribute the amount among the jury in the particular case, in payment of their legal fees. by justice. Oct. 21, 1878, $1. § 1073. [1041.] The district attorney, in addition to Fee of district the salary and per diem allowed him by law, shall receive the following fees: attorney. 1. In a criminal action when the punishment is death Oct. 21, 1878, § 1. or imprisonment for life, if the defendant is convicted, Fee of district twenty-five dollars, or if acquitted, one half thereof; attorney. 2. In a criminal action when the punishment is im- 16 Or. 245. prisonment in the penitentiary for a term of years, if the defendant is convicted, fifteen dollars, or if acquitted, one half thereof; 3. In a criminal action for a misdemeanor, if the defendant is convicted, ten dollars, or if acquitted, one half thereof; 9 Or. £66. 4. In a civil action for the recovery of any fine, pen- 6 Or. 470. alty, or forfeiture, ten per centum on the amount actually collected; 5. For prosecuting or defending any other civil action, 6 Or. 466. suit, or proceeding not herein mentioned, to which the state or any county in his district is a party, twenty-five dollars; 6. For actually defending, on behalf of the state, a suit for the dissolution of the marriage contract, or to declare the same void, ten dollars; 7. For prosecuting or defending any action, suit, or proceeding herein mentioned, or appeal to the supreme court, twenty dollars. Laws of 1878, p. 97. Fees of district attorney: See the note to § 976 [945]. Actions on official undertakings are not actions for fines or penalties so as to entitle whom paid. § 1074. [1042.] The fees provided for in the last sec- Oct. 21, 1878, $2. tion shall be paid to the district attorney by the county How and by where the services are rendered, excepting the fees in the prosecution or defense of a civil action, suit, or proceed- 16 r. 245. ing to which the state is a party, and in divorce suits. At each term of the court, the court shall ascertain the fees to which the district attorney is entitled for the term, and direct an order to be entered upon the journal that the same be paid. Upon presentation of a certified copy of such order to the proper officer of the state or county, it shall be his duty to draw his warrant upon the treasurer of the state or county for amount therein How and by whom paid. Oct. 21, 1878, §2. specified, excepting his fees in divorce suits. It is hereby made the duty of the plaintiff in every divorce suit to deposit with the clerk of the court in which the suit is instituted, before the complaint is filed, the sum of ten dollars, which sum shall be paid to the district attorney by the clerk as his fee in such suit, when his fee therein. is allowed by the court as aforesaid; and if the plaintiff prevail in such suit, he or she shall be allowed such sum of ten dollars as a disbursement against the defendant. The clerk shall not receive or file the complaint in any suit for divorce until such fee be deposited. Oct. 11, 1862, § 1043. In criminal attorney fee to Laws of 1878, p. 98. § 1075. [1043.] In a criminal action, if the defendant is convicted, the clerk shall allow and tax in favor of action district the county the amount of the district attorney fee in the action, which shall be collected off the defendant. Such fees shall be paid by the clerk to the treasurer of the county, and accounted for in the same manner as trial fees. be taxed against defendant. 5 Or. 333. Oct. 11, 1862, 1044. In actions not criminal fee not taxed, but county entitled to costs. § 1076. [1044.] In an action, suit, or proceeding, other than a criminal action, the fee of the district attorney is not taxed as a disbursement, but the county that is liable to pay such fee is entitled to costs off the adverse party, as in ordinary cases. Such costs, when collected, shall be paid by the clerk to the treasurer of the county, and accounted for in the same manner as trial fees. Fees earned in the supreme court are to be paid by the county from whence the appeal was taken, upon the order of the court, as in the courts below, and when collected are disposed of in the same manner. CHAPTER XV. OF PROCEEDINGS IN THE ADMINISTRATION OF TITLE I.-OF GENERAL PROVISIONS. II. III. V. OF THE PROOF OF WILLS AND THE APPOINT- - OF THE INVENTORY OF THE ESTATE. OF THE SUPPORT OF THE WIDOW AND MINOR OF CLAIMS AGAINST THE ESTATE. VI. OF THE SALE OF PROPERTY BY EXECUTORS VII. OF THE ACCOUNTS OF EXECUTORS AND AD MINISTRATORS. VIII. — OF THE PAYMENT OF CLAIMS AND CHARGES. TITLE I. OF GENERAL PROVISIONS.. § 1077. Forms of pleadings. § 1078. Nature of procedure. How court exercises its powers. § 1079. Books and records relating to probate matters. § 1080. Index to such books. § 1081. Costs and disbursements. § 1082. Orders or decrees for the payment of money, how enforced. $ 1045. Forms of in probate proceedings. § 1077. [1045.] There are no particular pleadings or Oct. 11, 1862, forms thereof in the county court, when exercising the jurisdiction of probate matters, as specified in section pleadings 895 [869], other than as provided in this chapter. Jurisdiction of county court as court of probate: See ante, § 895 [869]. § 1078. [1046.] The mode of proceeding is in the na- Oct. 11, 1862, ture of that in a suit in equity as distinguished from an action at law. The proceedings are in writing, and are procedure. had upon the application of a party or the order of the court. The court exercises its powers by means of, 1. A citation to the party; Oct. 11, 1862, 1046. Oct. 11, 1862, 1047. Books and records relating to probate matters. 2. An affidavit or the verified petition or statement of a party; 3. A subpœna to a witness; 4. Orders and decrees; 5. An execution or warrant to enforce them. Power of court is wholly statu- the means provided in this section: tory, and is brought into action only by See Wright v. Edwards, 10 Or. 301. § 1079. [1047.] The proceedings in probate matters shall be entered and recorded in the following books:1. A register, in which shall be entered a memorandum of all official business transacted by the court or judge thereof, appertaining to the estate of each person deceased under the name of such person; that pertaining to the guardianship of an infant under the name of such infant; that pertaining to an insane person or a drunkard under his name; 2. A record of wills, in which shall be recorded all wills proven before the court or judge thereof, with the order of probate thereof, and of all wills proved elsewhere upon which letters of administration are issued by the direction of such court or judge; 3. A record of the appointment of administrators, whether general or special, or of a partnership and of executors; 4. A record of the appointment of guardians of infants, insane persons, and drunkards; 5. A record of accounting and distribution, in which shall be entered a summary balance sheet of the accounts of administrators, executors, and guardians, with the orders and decrees relating to the same; a memorandum of executions issued thereon, with a note of satisfaction when satisfied; also orders and decrees relating to the sale of real property and to the distribution of the proceeds thereof; and notices of all money or securities paid or deposited in court as proceeds of such sales or otherwise; and a statement showing the names of creditors, and the debts established and entitled to distribution, the amount to which each person is entitled out of such |