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An Act to authorize suit to be brought upon Constables' bonds without order of Court*.

on.

1. Section I. Be it enacted, That from and after the passage of this Act, it shall, and may be lawful for any person, who may have Constable's been, or may hereafter be injured by the misconduct or neglect of bond, suit duty of any Constable of any county of this State, to bring suit. upon such Constable's bond in any Court having jurisdiction there- order needof, for the use of such person so injured, without first obtaining an order of Court, as now required by law.

Assented to, December 22d, 1857.

By Act of 1816, (Cobb's Dig. 204.) Constable's bond might be sued on only by order of the Inferior Court. An Act similar to the above, was passed in 1551, relating to Sheriffs' bond, Acts of 1853 and '54, p. 57⋅

SUP. CT. DECIS.-Constable is entitled to fee for return of no property, but he cannot keep it out of money collected on other fi. fas.-20 Ga. Rep. 572.

(No. 29.)

An Act to define and establish the fees of Ordinaries, Clerks of the
Superior and Inferior Courts, Sheriffs, Jailors, Justices of the
Peace and Constables of this State, and for other purposes.

No previous

ed.

county of

2. Section I. Be it enacted, That from and after the first day of Fees of March next, the Ordinaries of this State shall be, and they are here- ficers. by entitled to demand and receive the fees hereinafter stated: For receiving application, and granting citation,

Taking and recording administrator's or guardian's

bond,

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"Issuing letters of administration, or letters testamentary, "Recording same,

• Copy,

6.

Signing warrant of appraisment,

$1.25

1 00

1 50

50

50

50

Fees of Or dinaries.

Fees of Ordinaries, Clerks of the Superior Courts

For receiving an appraisment or sale bill, and recording
the same, if under five hundred dollars, -

$1 00

1 25

1 50

"If above five hundred dollars, and under two thousand,
66 If above two thousand, and under ten thousand dollars,
"If above ten thousand and under twenty thousand dollars, 1 75
If above twenty thousand and under fifty thousand
dollars,

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If above fifty thousand dollars,

For receiving application and granting letters dismissory,
whole service, -

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"Granting citation to show cause why administration
should not be set aside or repealed,

"Entering a caveat against administration being granted

or will proven,

Caveat.

"Each copy of caveat,

"Every marriage license,

"Every order for sale of land, negroes or other property,

"Each copy of the same,

"Issuing letters of guardianship,

"Recording the same,

Rule Nisi.

66 Rule nisi in each case,

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" Copy,

"Issuing process against a person for not making returns,

66

Each additional copy,

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Each subpoena,

Certify and seal.

Appeal.

Clerks.

"Examining and recording returns on all estates not
worth more than two thousand dollars,

66 All estates worth more than two and not more than
five thousand dollars,

66

66

All estates worth more than five, and not over ten
thousand dollars,

All estates worth more than ten thousand dollars,
"Recording all vouchers accompanying returus of ad-
ministrators, executors and guardians, per 100
words,

"Recording any instrument of writing not mentioned,
per 100 words, -

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Copy of any instrument of writing not mentioned, per
100 words,
"Proceedings to authorize titles to be made to lands of
deceased persons, to be paid out of the estate of the
deceased,

"Commission to free holders to divide estate,

"Each certificate and seal,

"Entering an appeal and transmitting the proceedings

to the Superior Court,

12

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3. Sec. II. And be it further enacted, That the Clerks of the Superior and Inferior Courts of this State be, and they are hereby entitled to demand and receive the fees hereinafter stated:

Fees of Clerks Superior Courts, Clerks Inferior Courts.

Fees of the Clerk of the Superior Courts in civil cases: For every suit commenced therein, if settled by the parties in vacation,

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If settled at Court, and recording same on minutes,
For every writ, where there is more than one defendant

after the first copy,

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"Every suit commenced and prosecuted to judgment. including service for recording petition, process, and judgment,

"Every subpoena ticket

"Writ of partition of land,

"Recording proceedings in civil cases, per 100 words, "Every exemplification, per 100 words,

"Reading articles of partnership, under the law regu

lat limited partnerships,

"Recording proceedings in change of rame,

"Furnishing and certifying any bill, process, order &c.,

in equity, for publication,

"Recording notice of Carpenters' and Masons' lien, In trials of nuisance,

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"Issuing commission to examine witnesses, "Recording deeds,

"Recording any instrument of writing, not specified, per 100 words,

$1

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"Every foreclosure of any mortgage, and recording proceeding,

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Every enquiry of titles respecting property levied on by
the Sheriff, and claimed by a third person,

"Every affidavit to hold to bail,

66

Recording and copying proceedings in Chancery, and

bills of exceptions and transcript, to the Supreme
Court, per 100 words,

"Recording remittitur, order and judgment of the Su

preme Court on minutes, each,

"Issuing fi fa. or ca sa, each,

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Clerk's fees in criminal cases :

For all bills of indictment, if settled by the parties or nol. pros'd, including service for docketing and recording on the minutes, and all other service,

"Every bill of indictment, when the defendant is arraigned, tried and found guilty, including all services,

"Transcribing record and evidence in State cases per 100 words,

Fees of the Clerk of the Inferior Court: For each appeal to the Superior Court,

"Every estray horse, mule or ass, for every legal ser

vice required,

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100 sions to ex

amine wit

60 ness.

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1 25

1 25

60

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1 00

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60

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Record deed.

Clerk's fees in criminal cases.

Cik. of Infr 2 00 Ct., fees of.

2 00

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66

Copying and administering oath to retailer,
"Registration of free persons of color, every legal require-

66

ment included,

Each peddler's license,

Sare fees in And for any other service performed, the same fees as

certain cases as Clerk of Sup'r Court.

Sheriffs fees

in civil cases.

Titles to land.

allowed to the Clerk of the Superior Court.

$1 25

30

60

60

30

1.00

1 25

4. Sec. III. And be it further enacted, That the Sheriffs of the several counties of this State be and they are hereby entitled to demand and receive the fees hereinafter stated:

For serving a copy of a process and returning the original, 2.00
If suit from another county,

If more than one defendant, for each additional copy served,
For summoning each witness,

"Summoning Jury and attending trial to assess damages

for right of way,

"Service in every case on special Jury,

66

Return of nulla bona,

"Conducting a debtor under confinement before a Judge
or Court,

"Serving rule vs. garnishee,

If more than one, for each additional copy,
For summoning Jury to try case of nuisance,
"Removing nuisance, such fees as the Court may deem
reasonable; on all sums when the execution does not
exceed 50 dollars and under, 5 per cent. on the
amount of fi. fa.; on all sums above 50 dollars, and
execution does not exceed five hundred dollars, two
and a half per cent.; all sums where the execution
exceeds five hundred dollars, one and a quarter per
cent.; and that no commission shall be charged
where the property is not actually sold.

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For making out and executing titles to land,
If wrote by the purchaser,
For making out and signing bill of sale of other property,
provided that no fee shall be allowed only for one
bill of sale, when the same will be sufficient to con-
vey the property to one person or joint purchasers,
unless the purchaser or purchasers shall choose
more than one.

For taking bail bonds,
"Forthcoming bonds,

In issues on application of insolvent debtors, per service
not in term time,

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"Executing process, dispossessing tenant, holding under
plea of rent,

"Settling execution, if property be levied on, and money
paid before sale,

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Sheriff's fees

in criminal cases.

For re-committing any prisoner, when a habeas Corpus is brought to his relief,

On every copy of a mittimus

For every mile a prisoner may be removed under a habeas

corpus,

"Removing a prisoner by habeas corpus, when no mileage

is paid, per day,

"Attending a person, taken by warrant to the Judge's

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"Conducting a prisoner before a Judge or Court, to and

from Jail,

Executing warrant of escape,

"Executing and returning a bench warrant,

"Apprehending a person suspected, if committed or held

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1 50

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5 00

"Each person, not exceeding two, who may be employed to guard a prisoner to Jail, per day,

"Executing a criminal,

66

Whipping, cropping or branding a criminal,

5. Sec. IV. And be it further enacted, That the Jailors of the Jailor's fees. several counties of this State, be and they are hereby entitled to demand and receive the fees hereinafter stated:

For receiving prisoner or debtor,

"Turning the key or discharging the prisoner by virtue
of habeas corpus, by order of the Court, Judge or
Justice,
"Dieting a white person, per day, allowing 2 lbs of
bread, 1 lbs. of beef, 1 lb. pork, or 1 lb. bacon, with
sufficiency of coffee, water.

60

60

50

"Dieting negro criminal per day, allowing 1 quart cooked rice or 1lbs. bread, and lb. bacon or 1 lbs. beef, with sufficiency of water, &c.,

30

66

Dieting runaway negro per day, allowing 1 lb. corn bread, 1 lb. pork or lb. bacon, with sufficiency of water,

30

66

66

Dieting person confined for debt, per day, allowing a sufficiency of wholesome provision, coffee, water &c., "Turning key on commitment of any prisoner, Whipping runaway negro,

50

60

1 00

(but not allowed to give runaway negro more than
thirty-nine lashes at any one whipping, and not al-
lowed to whip more than twice without the consent
of the owner.)

tices of the

6. Sec. V. And be it further enacted, That the Justices of the Fees of Jus Peace of this State be and they are hereby entitled to demand and Peace in receive the fees hereinafter stated:

criminal cases.

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