instrument in writing is made, or issued, by such officer, and shall receive: For making a certificate required by law, on the record of any instrument having a stamp thereon, and the cancellation thereof, ten cents. SECT. 21. The fees of the several persons hereinafter named shall, in criminal causes, be as follows, to wit: For attending the superior court, each, per day, one dollar and twenty-five cents. For attending before a justice court, when their attendance is necessary, each, per day, one dollar. For travel to court, per mile, six cents. For complaints, the same as allowed to state attorneys for informations. 18. OF SHERIFFS AND OTHER OFFICERS. For travel to make arrest, or to serve process, per mile, five cents. For each arrest, fifty cents. For necessary assistant, or assistants, a reasonable sum, at the discretion of the court; the necessity of such assistance to be proved by the oath of the officer. For travel with a prisoner to court, or to jail, per mile, twentyfive cents. For holding a prisoner in custody, by order of court, one dollar per day; for keepers, one dollar for every twelve hours, and in that proportion, in lieu of all other expenses, except in special cases, to be approved by the court. For attending a justice court, with prisoner, when necessary, per day, fifty cents. For setting a prisoner at the bar of the superior court, during the trial of any one prisoner on one indictment, or information, one dollar. For executing a warrant of commitment to the state prison, for each prisoner, one dollar. For service of process returnable before grand jurors, the same sum as for serving like process returnable before justices of the peace in civil cases, to be paid from the treasury of the town wherein the meeting of the grand jurors is held, on he order of said grand jurors. 19. OF WITNESSES. For attendance before a justice court, each, per day, thirty-four cents. For attendance in superior or police court, and expenses, each, per day, sixty-seven cents. For travel to court, per mile, six cents. In criminal trials, no fees shall be allowed to bystanders called as witnesses. For drawing each complaint and warrant of grand juror, or other informing officer, the same as allowed to state attorneys for informations. For each trial and judgment, when final, one dollar. For each hearing, and binding over to the superior court, or acquittal for want of probable cause, one dollar. For each subpoena, twenty-five cents. For each mittimus, twenty-five cents. For allowing an appeal, and for copies, the same as in civil causes. 21. OF CLERKS OF COURTS. For the arraignment of each prisoner, one dollar. For entry of an appeal from a justice of the peace, five cents. For entry, (except appeals from justices of the peace,) and judgment, fifty cents. For calling a bond, one dollar. For a warrant for commitment to state prison, fifty cents. For a mittimus, twenty-five cents. For a habeas corpus, fifty cents. For a capias, twenty-five cents. 22. OF STATE ATTORNEYS. For drawing an information, or indictment, when such information or indictment does not exceed one page of twenty-eight lines, ten words in a line, one dollar; for each succeeding page, fifty cents. No fee to be allowed for more than two counts, and no fee for a second count to be allowed, unless approved of by the court. For making out all bills of cost arising in one prosecution, one dollar. For conducting and pleading each criminal cause, not capital, before the superior court, on a bill found by a grand jury, nine dollars. For a trial before the superior court, in a criminal cause, on information, seven dollars. For a trial in a capital cause, fourteen dollars. For a confession or plea of guilty, before the superior court, in a criminal cause, or forfeiture of bond, five dollars. For a nolle prosequi entered, or a return of a grand jury, "Not a true bill," three dollars and thirty-four cents. For an assistant attorney, in any trial not capital, before the su perior court, an additional fee of three dollars and thirty-four cents, and in a capital cause, seven dollars. For conducting a criminal cause appealed from justice of the peace, the fees of the state attorney and his assistant shall be a sum, not exceeding two-thirds of the fees herein allowed for like services in other cases. For each subpoena, twenty-five cents. For conducting and pleading a cause before the supreme court of errors, a reasonable compensation, to be taxed by said court. For key fees, for the commitment of each prisoner on any one information, indictment, mittimus, or execution, fifty cents, and no fee to be allowed for his discharge. For boarding each prisoner, per week, such sum as shall be, from time to time, allowed by the county commissioners, not exceeding three dollars per week, in lieu of all expenses. 25. OF PHYSICIANS. A reasonable allowance. TITLE LIV. AN ACT RELATING TO COMMISSIONERS OF SEWERS CHAPTER I. OF COMMISSIONERS OF SEWERS AND SCAVENGERS.. Be it enacted by the Senate and House of Representatives, in General Assembly convened: SECTION 1. That the superior court, in the respective counties, Commissioners upon application of the major part of the proprietors of any meadow, of sewers, when marshy, and low, lands, or grounds which are injured by the overflowing of waters, or of swampy lands which may be rendered valuable by drowning and draining the same, may grant a commission Powers of the &c. of sewers, to such and so many discreet persons as they shall judge expedient, for removing any obstructions to the passage of the water, in rivers, brooks, streams, or ponds, which occasion the overflowing of such meadow, marshy, and low lands, or for the flowing and draining of such swampy lands, or for making dams to prevent the water from overflowing such meadow, marshy, and low, lands; which commission shall be signed by the clerk of court granting the same. SECT. 2. The commissioners shall have power to perform the sercommissioners, vices aforesaid; and for that purpose, may employ workmen and laborers, and may assess the proprietors of such lands, to defray the charges, according to their quantity of land, and the benefits which they receive, in such proportion as the commissioners shall judge to be equal and just; and may appoint and swear a collector or collectors, who shall collect such assessments, and pay the same to such persons as said commissioners shall appoint to receive them; which collectors shall have the same power as the collectors of town taxes, and shall be accountable to the commissioners appointing them; and if any proprietor of such lands shall neglect or refuse to pay his proportion of such assessments, the other proprietors may pay the same, and hold the lands of such proprietor, until the profits of such lands shall, in the judgment of the commissioners, be sufficient to reimburse them. Commissioners compensation, &c. SECT. 3. The commissioners shall be sworn to a faithful discharge to be sworn, their of their trust, and shall receive such compensation for their services as the court appointing them shall allow; and shall render their account to said court, when required; and if any person shall be aggrieved by the proceedings of such commissioners, he may appeal to such court, which shall grant them such relief as the nature of the case may require. Appeal. Notice of petition. 1864. prietors. SECT. 4. When any petition shall be brought, in pursuance of the provisions of this act, notice thereof, in writing, shall be given to all the proprietors, named in the petition, who have not subscribed the same, at least twelve days previous to the sitting of the court to which the petition shall be returnable, by reading the same in their hearing, or by leaving a true and attested copy thereof at their last usual place of abode; which notice shall be signed by a justice of the peace, and directed to the sheriff of the county, his deputy, or either of the constables of the town where such land is situated. SECT. 5. After the commissioners shall have dammed, drained, or Meeting of pro- ditched, such low, marshy, and wet lands, the proprietors shall have power to keep the dams, drains, and ditches, in repair; and for that purpose, when any three of them shall judge it necessary, may apply to a justice of the peace, to issue a notice, directed to some proper person, to warn such proprietors to meet at some time and place to be named in said notice, which shall also specify the object of the meeting, and shall be served, either by reading the same to, or by leaving a copy thereof with, each proprietor, or by posting a copy of said notice on the public sign-post, in the town or towns, within which such lands are situated, and by publishing the same in a newspaper published within the county, at least twelve days before such meeting, and all meetings of said proprietors shall be warned in like Appointment of clerk and com mittee. manner. SECT. 6. The proprietors, in a meeting so warned, may, by a major vote, to be computed according to their interest in such lands, appoint a clerk, who shall be sworn to make true entries of all the votes and proceedings in such meetings; and may also appoint a committee, consisting of two or three men, to set out to each proprietor his part of such dam, drain, or ditch, to be computed according to his interest in the land, and to make a report of their doings, in writing, under their hands, to the clerk, who shall enter the same on record; and each proprietor, his heirs, and assigns, forever after, shall clear, keep open, and repair, his part of such dams, drains, and ditches, so set out to him; but the proprietors may, at any subsequent time, cause a new apportionment of the same, in the manner aforesaid, if they shall judge it to be expedient. SECT. 7. The more effectually to compel the proprietors to keep Scavengers, such dams, drains, and ditches, in repair, such proprietors shall have power at a meeting, warned as aforesaid, once in two years, to appoint scavengers, among themselves, who shall take the oath provided by law; and if any person, legally appointed a scavenger, shall neglect or refuse to take such oath, being thereto required by a citation from a justice of the peace, he shall forfeit four dollars to the use of such proprietors, to be recovered by an action on this statute; and such proprietors may appoint other persons to be scavengers, in the room of those who have refused as aforesaid. Duty of scaven SECT. 8. The scavengers shall, from time to time, diligently inspect the dams, drains, and ditches, and see that they are kept open, gers. and in good repair; and if, at any time, they shall find them, or any part of them, filled, or out of repair, they shall give immediate warning to the proprietor whose part is deficient, forthwith to repair the same; and if any proprietor shall not, within five days after such warning, clear and repair the same sufficiently, in the judgment of the scavengers, they may forthwith cause the same to be sufficiently repaired; and such proprietor shall pay to the scavengers double the expense; and if he neglects or refuses to do so for the space of ten days after an account of such expense has been presented to him, and payment demanded, the scavengers may recover the same by action on this statute; but if any proprietor considers himself aggrieved Provision for a by the expense charged by the scavengers, he may, at his own expense, within said ten days, make application to the selectmen of the town where the lands lie, not parties to the controversy, who shall estimate such expense anew; and such proprietor shall pay double the expense according to their estimate, to be recovered as aforesaid. new appraise ment. certain lands improvement SECT. 9. The proprietors of meadow, low, marshy, and wet lands, 1846 which are injured by the overflowing of waters, or of swampy land Proprietor of which may be rendered valuable by draining and drowning the same, may contract for may, by a major vote, to be computed according to their interest in thereof, &c. such lands, in a meeting warned for that purpose, according to the provisions contained in this act, contract with any other person, or corporation, to construct and maintain, either wholly, or in part, such works as will effect the flowing, draining, or other improvement of said lands; and in payment therefor may grant and convey to such person, or corporation, any rights of way, or of water, in or upon said lands; but such person, or corporation, shall pay to any proprietor such actual damage, as he shall sustain thereby, to be estimated and ascertained by the commissioners of sewers. authorize comto SECT. 10. The proprietors of such lands, when they shall judge Proprietors may it will be for their advantage, may, in a legal meeting, by a major missioners vote, to be computed according to their interest, agree, that such keeps drains, &c., drains and ditches shall be cleared, and that such dams shall be' in repair. |