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their knowledge extends, and verified by the affidavit of the sheriff, the fees allowed by law in such cases shall be audited by the county auditor, and paid out of the county treasury.

visors.

24.

COUNTY SUPERVISORS.

SEC. 3791. The members of the board of supervisors shall each Members of receive four dollars for each day actually in session, and two dolboard of super- lars and fifty cents per day, exclusive of mileage, when not in 12 G. A. ch. 105. session but employed on committee service, and six cents per 3G. A. ch. 148, mile for every mile traveled in going to and from said session of the board; provided, that in counties having a population as shown by the last preceding census of less than ten thousand, they shall not receive compensation for more than twenty days in one year; and in counties having a population of more than ten thousand, but less than thirty thousand, for more than thirty days in the year; and in counties having a population of thirty thousand or over, not more than forty days in one year.

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RECORDER-TREASURER.

SEC. 3792. The recorder shall be entitled to charge and receive the following fees:

For recording each instrument containing four hundred words, fifty cents;

For every additional hundred words, or fraction thereof, ten

cents.

SEC. 3793. Each county treasurer shall receive for his services the following compensation: Three-fourths of one per cent. of all money collected by him as taxes due any incorporated city or town, to be paid out of the same;

2. Three per cent. of all taxes collected by him for all other tax funds, to be paid out of the county treasury;

3. For each certificate of purchase issued for land sold for non-payment of taxes, twenty cents;

4. For paying money into the state treasury when required by law, or the auditor of state, such compensation as the board of supervisors shall allow, not exceeding one-fourth of one per cent. on the amount so paid, which allowance shall be paid by the county.

5. When the aggregate amount of compensation allowed by this and the next section exceeds twelve hundred dollars in any one year in counties where taxes are collected by township collectors, or fifteen hundred dollars in counties having no township collectors, the excess shall be paid into the county treasury, but when, in the judgment of the board of supervisors, it is necessary for the proper discharge of the duties of the office, said board may, upon application of the treasurer, authorize said treasurer to employ a deputy or clerk, at a salary not exceeding the rate of six hundred dollars per annum for the time actually employed; provided, that in counties where population does not exceed ten thousand, the salary shall not exceed thirteen hundred dollars in any case, and the board shall not allow to exceed three hundred dollars clerk

hire in such counties; and provided, that in counties having more [than] thirty thousand population, the board of supervisors may grant such additional compensation for treasurer, deputy or clerk hire as they may deem just and proper.

[The original section, together with the amendment therein made by 17th G. A., ch. 122, § 3, was repealed by 18th G A., ch. 184, § 2, and the foregoing enacted as a substitute. Other provisions of the same act, applicable to county treasurer as well as other officers, are inserted following § 3798.]

amount of

any person.

SEC. 3794. The county treasurer shall, if applied to by letter, To give inforenclosing thirty cents value in postage stamps, asking for information of mation of the amount of taxes upon any specified parcel or parcels taxes due from of land in his county, answer the same correctly by mail, giving 96. A. Ch. 168, direct answers to all the inquiries in such letter respecting the 1. amount and interest of the unpaid taxes as the same appears from the tax books in his office. If the total of such land s ecified in any one letter exceeds three hundred and twenty acres, then such treasurer is not bound to answer such letter unless it contains, besides the thirty cents above provided, ten cents in addition for every one hundred and sixty acres when the total acres specified in such letter exceed the said three hundred and twenty acres; but the aggregate fees thus charged shall in no case exceed the sum of fifty cents; and upon the return to such treasurer of the letter or a copy thereof so sent by him, with the amount due as shown by such letter, such treasurer shall pay such taxes and return a receipt there for by mail.

failure. Same, 22,

SEC. 3795. Any treasurer who shall neglect for twenty days Penalty for after the receipt of any such letter, with money enclosed as aforesaid, to answer the same fully as required in the preceding section, or who shall directly or indirectly receive or be concerned in receiving any greater compensation for the service mentioned in the preceding section than is therein provided, shall forfeit to the person aggrieved, for each offense, the sum of fifty dollars, which may be recovered in a civil action in any court having jurisdiction.

count of money

to supervisors.

SEC. 3796. The county treasurer shall enter in a book kept for Render acthat purpose, all moneys received by him for services rendered, received as designating for what the same was received, and shall render an compensation account verified by affidavit to the board of supervisors at each 10 G. A. ch. 129. session thereof, stating fully all money so received and from what ? 9. source derived, and any excess to which he would be entitled under the preceding section over and above the sum therein limited shall be paid into the county treasury.

AUDITOR.

SEC. 3797. The county auditor shall be entitled to charge and County audireceive the following fees:

tor.
R. 777.

For recording each bond required to be by him recorded, fifty 9 G. A. ch. 25, cents;

For transfers made in the transfer books, for each deed, twentyfive cents;

For issuing certificate of redemption of land sold for taxes, twenty-five cents;

23.

Limit of compensation.

12 G. A. ch. 160, 26.

9 G. A. ch. 5. 284,5.

Deputy.

For each certificate issued by the treasurer for lands sold for non-payment of taxes, fifteen cents.

SEC. 3798. The total compensation of the auditor, in any one year, shall not exceed the sum of twelve hundred dollars, inclusive of fees, but when, in the judgment of the board of supervisors, it is necessary for the proper discharge of the duties of the office, said board may, upon application of the auditor, authorize said auditor to employ a deputy or clerk, at a salary not exceeding the rate of six hundred dollars per annum; provided, that in counties of more than twenty-five thousand population, the board of supervisors may grant such additional comcompensation. pensation to the auditor, deputy, or clerks, as they deem it just and proper.

Additional

Census to be guide as to population.

account of fees and report

same.

[A substitute for the original section; 18th G. A., ch. 184, § 3. Other sections of the same act are inserted below.]

The county is under no legal obli- | of a deputy: Benton v. Decatur Co., gation to reimburse the auditor an 36-504.

amount paid out by him for services

[Eighteenth General Assembly, Chapter 184.]

[Sections 1, 2, and 3 provide substitutes, respectively, for sections 3784, 3793, and 3793, which see.]

SEC. 4. It shall be the duty of the board of supervisors, in fixing the compensation of the officers as provided in this act, to take the latest state or national official census as their guide in so doing.

as

SEC. 5. It is hereby made the duty of the county auditor, Officers to keep the county treasurer, and the clerk of the district and circuit courts, in each county of the state, to keep a complete and accurate account of all the fees charged and collected by them now provided by law; which account shall be made and kept as a permanent record of the office; and it is hereby made the further duty of each of the officers therein specified, to make a report of such fees to the board of supervisors at each regular session of said board, verified by oath or affirmation, a summary of which shall be spread upon the minutes of said board and made a part of the record. If any officers shall neglect or refuse to make such report, as required by this section, it shall be the duty of the board to employ an expert to examine the books, papers and accounts of such officer and to make such report, the expenses therefor being charged to the delinquent officer and collectible upon his official

Board of super-
visors may
make exami-
nation of
books.

bond.

Coroner.
R. 2 4148.

C. 51, & 2539.

CORONER-SURVEYOR.

SEC. 3799. The coroner is entitled to charge and receive the following fees:

For a view of each body and taking and returning an inquest on same, five dollars;

For a view of each body and examination without inquest, three dollars;

For issuing subpoena, warrant, or order for a jury, twenty-five cents;

For each mile traveled to and returning from an examination or inquest, ten cents;

Which fees shall be paid out of the county treasury when they cannot be obtained from the estate of the deceased;

For all other services, the same fees as are allowed sheriffs in similar cases, to be paid in like manner.

SEC. 3800. The county surveyor is entitled to charge and re- Surveyor. ceive the following fees:

R. 4155.
C. '51, 2546.

For each day's service actually performed in traveling to and 11 G. A. cli. 109. from the place where any survey is to be made, and for making

the same and return thereof, four dollars;

For certified copy of the plat or field-notes, fifty cents.

[A substitute for the original section, changing the rate of compensation; 16th G. A., ch. 25.]

NOTARIES PUBLIC.

SEC. 3801. Notaries public shall be entitled to charge and re- Notaries pubceive the following fees:

For every protest of a bill or note, seventy-five cents;
For registering any protest, fifty cents;

For being present at a demand, tender, or deposit, and noting

the same, fifty cents;

For administering an oath, five cents;

lic.

R. 2 4151.

C. '51, & 2542.

For certifying to the same under his official seal, twenty-five

cents;

For certificate under seal, twenty-five cents;

For other services, the same fees as are allowed justices of the

peace for similar services.

SEALER.

SEC. 3802. Each sealer of weights and measures shall receive Sealer of the following fees:

For sealing and marking every beam, ten cents;

For sealing and marking measures of extension at the rate of ten cents per yard, not to exceed fifty cents for any one measure; For sealing and marking every weight, five cents;

For sealing and marking liquid and dry measures, five cents for each measure.

He shall also be entitled to a reasonable compensation for making weights and measures conform to the standards in his pos

session.

weights and measures.

9 G. A. ch. 82. 223.

lumber and

SEC. 3803. The inspector of lumber and shingles shall receive: Inspector of For inspecting and measuring lumber, for each thousand feet, shingles. board measure, fifteen cents;

For inspecting shingles, for each thousand, fifteen cents.

JUSTICES OF THE PEACE.

R. 1913.

SEC. 3804. Justices of the peace shall be entitled to charge Justices of the and receive the following fees:

For docketing each case in any action, except in garnishment

proceedings, fifty cents;

For issuing each original notice, fifty cents;

peace.
14 G. A. ch. 134.

For issuing attachment or order for the delivery of property, twenty-five cents;

For drawing and approving bond when required in any case, fifty cents;

For entering judgment by confession after the suit brought, fifty cents;

For entering judgment by confession not on suit brought, one dollar;

For entering judgment by default, or on a plea of guilty, fifty cents;

For entering judgment when contested, fifty cents;

For additional when a jury is called, one dollar;

For issuing venire for jury, twenty-five cents;

For each subpoena in civil cause, when demanded, twenty-five cents;

For each oath or affirmation, except in proceedings connected with suits before him, five cents;

For each continuance at the request of either party, fifty cents;
For setting aside each judgment by default, fifty cents;
For each information and affidavit, fifty cents;

For each execution, renewal of execution, or warrant of any kind, fifty cents;

For each bond or recognition, fifty cents;

For each mittimus or order of discharge, fifty cents;

For each official certificate or acknowledgment, twenty-five

cents;

For making and certifying transcript, fifty cents;

For trial of all causes, civil or criminal, for each six hours fraction thereof, one dollar;

or

For all money collected and paid over without suit, five per cent; and for all money collected and paid over after suit brought without judgment, two per cent., which shall be added to the

costs.

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The justice is not entitled to the debtor the fees provided in the last fee for drawing and approving a clause of the section for collection of bond when required in any case, money wi hout suit. Such compenwhen the bond is prepared by an at-sation is not costs, but fees to be retorney and handed to the justice covered from the party demanding merely to be approved and filed: Mc- the service (§ 3837): Pennington ť. Kay v. Maloy, 53-33. Beedy, 50-85.

The justice cannot collect from the

Constables.
14 G. A. ch. 134.

CONSTABLES.

SEC. 3805. Constables shall be entitled to charge and receive the following fees:

For serving any notice or civil process on each person named

therein, fifty cents;

For copy thereof when required; ten cents;

For serving attachment or order for the delivery of property, fifty cents;

For traveling fees, going and returning, per mile, five cents;
For summoning a jury, including mileage, one dollar;

For attending the same on trial, for each calendar day, one dollar;

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