For each bill of sale, including filing copy with the clerk, fifty cents; prorided, that all animals sold to one person shall be included in one bill of sale. For branding, twenty-five cents for the first, and ten cents for each additional

animal.

For selling animals, five per cent of the amount of the sale.

For keeping animals, a reasonable sum, to be determined by the market price of forage and pasturage at the time and place where the animals are kept. ['96, pp. 587-8*

983. Constables' fees in criminal cases. Certification by county attorney. Accounts against the county filed by constables for services in criminal cases shall be certified as correct by the county attorney, and shall be presented to the auditor; provided, that the board of county commissioners may reject such bills in all cases or proceedings in which the county attorney has not in writing authorized the issuance of the warrant of arrest. ['96, p. 566.

CHAPTER 4.

FEES OF NOTARY PUBLIC, ETC.

984. Notary public. Every notary public may collect for his own use the following fees:

For protesting the non-payment of a promissory note or non-payment or nonacceptance of a bill of exchange, draft, or check, one dollar.

For drawing and serving each notice of non-payment of a promissory note, or the non-payment or non-acceptance of a bill of exchange, order, draft, or check, thirty-five cents.

For recording every protest, fifty cents.

For drawing an affidavit, deposition, or other paper, for which provision is. not herein made, for first folio, fifty cents; for each subsequent folio, fifteen cents. For taking an acknowledgment or proof of a deed or other instrument, to include the seal and writing of the certificate, for the first signature, fifty cents; for each additional signature, twenty-five cents.

For administering an oath or affirmation, twenty-five cents.

For every certificate, to include writing the same and the seal, fifty cents. [C. L. § 5440*.

Fees to be in full compensation, Con. art. 21, sec. 2.

985. Commissioner of deeds. Every commissioner of deeds may collect for his own use the same fees as those provided for a notary public.

986. Court stenographer. For services performed by him, every court stenographer may collect for his own use such sums, not to exceed the fees herein provided, as the district judge shall stipulate by contract.

For reporting proceedings in court, eight dollars per day.

For transcribing at length, eight cents per folio.

For transcribing in narrative form, ten cents per folio.

For additional copies, not exceeding two, to the same party, two cents per folio. [C. L. § 3099*; '90, p. 103*; '92, p. 88*; '94, p. 141*; '96, pp. 230-1*. Court stenographers, duties and compensation, ?? 722, 727.

987. Crier. Every crier appointed by virtue of the provisions of the lien law may collect for his own use the following fee:

For crying sale, per day, two dollars. ['90, p. 87*.

988. Appraiser of damage by animals. Every appraiser of damages done by estrays or trespassing animals may collect for his own use the following

fees:

For each mile necessarily traveled to place of trespass, one way, ten cents.

Repealed Chapt 14 1899

For time employed in making appraisement, per hour, twenty cents. There shall be no charge for making certificate of appraisement. ['96, p. 588*.

989. Persons distraining animals. A person distraining animals for trespass may collect for his own use for delivering certificate of appraisement to the owner of the animals:

For first ten miles necessarily traveled, ten cents; each additional mile, five cents. Mileage shall be charged in going only. ['96, p. 584*.

990. Mining recorder. Every mining recorder shall be allowed the same fees for recording and making copies of any record in his custody as may be allowed by the by-laws of the mining district in which the same is recorded or said copies are made; or if not provided for, such fees as are allowed by law to county recorders for similar services. [C. L. § 2796*; '92, p. 15*; see '97, pp. 57-60.

Where the by-laws of a mining district fix the fees to be allowed mining recorders different from

that allowed by territorial statute, the latter must govern. People v. Monk, 8 U. 35; 28 P. 1115.

CHAPTER 5.

FEES OF JURORS AND WITNESSES.

991. Jurors in district court, per diem and mileage. Grand jurors and trial jurors in the district court, shall receive two dollars per day for each day's attendance, and twenty cents per mile, one way, for the distance necessarily traveled in attending court. A juror who is excused upon his own motion on the first day of his attendance in obedience to notice shall not receive per diem or mileage. ['96, pp. 566-7*.

A law of the territory, approved March 8, 1888, fixing the fees for jurors and witnesses, should be given a prospective and not a retrospective effect, and the fees allowed should be those fixed by law

at the time the service was rendered. People, ex rel. Haller, v. Clayton, 5 U. 598; 18 P. 628. People, ex rel. Kelsey, v. Pyper, 6 U. 160; 21 P. 722.

992. Jurors and witnesses to report daily. Every witness in a criminal case subpoenaed for the state, or for a defendant by the order of the court at the expense of the state, and every juror, whether grand or petit, shall, unless temporarily excused, in person report daily to the clerk his attendance at court from the time of his appearance to the date of his discharge, and no per diem shall be allowed for any day upon which attendance is not so reported. ['94, p. 140.

993. Statement of foreman of grand jury. Whenever a grand juror or a witness for the state before the grand jury is finally discharged, the foreman of the grand jury shall furnish to the clerk of the district court a statement containing the information necessary for the clerk to make the juror's or witness' certificate. ['94, p. 140*.

994. Witness in district court, per diem and mileage. Every witness legally required to attend upon the district court or a grand jury is entitled to one dollar and fifty cents for each day's attendance, and twenty cents for each mile actually and necessarily traveled, in going only. ['96, pp. 566–7.

995. Clerk's attendance roll. It shall be the duty of the clerk of the district court to keep an attendance roll, in which shall be entered the name of each witness subpoenaed for the prosecution in criminal cases, the name of each witness subpoenaed for the defendant at the expense of the state under order of the court, the name of each juror, where each witness or juror was subpoenaed or summoned, the date of appearance, the date of discharge, the number of days' attendance with the dates thereof, the place of residence of the witness or juror, and the number of miles necessarily traveled by said witness or juror from the

place of his residence to the place of holding court; and if a juror, the number of days of service in the trial of civil actions and the number of days of service in the trial of criminal actions, or the number of days' service as a grand juror, as the case may be. ['94, pp. 139-40*.

996. Jurors and witnesses' certificates. Whenever a grand juror or a juror engaged in the trial of criminal cases in the district court, or a witness subpoenaed on behalf of the state, or on behalf of the defendant at the expense of the state, in a criminal case, shall be discharged, the clerk of the district court shall issue to him under seal a numbered certificate, taken from a book containing a stub with like designations, stating the name of such juror or witness, when and where he was summoned or subpoenaed, the date of his discharge, the number of miles necessarily traveled from his place of residence to the place of holding court, the number of days of service, and the amount due for mileage and for service, and whether the same was as a grand juror or as a juror or witness in a criminal case. Whenever a juror who has been engaged in the trial of civil cases in the district court is discharged, the clerk shall issue to him a like certificate. Where the same juror has served in the trial of both civil and criminal cases, one certificate shall be issued to him for service in civil cases, and one for service in criminal cases. In apportioning mileage and per diem of jurors serving in the trial of both civil and criminal cases, the mileage and the whole number of days shall be divided between the two classes of service proportionately to the time occupied in each. ['94, p. 138*; '96, p. 548*.

997. Certification by county attorney. Warrant. Payment. The certificates of jurors in civil and criminal cases, and of witnesses in criminal cases must be certified as correct by the county attorney, but no certificate of jurors or witnesses shall be so certified unless presented to the county attorney within twelve months after the date of issue. On presentation to the county auditor of any duly certified witness' or juror's certificate in a criminal case, the auditor shall draw his warrant on the county treasurer for the payment of the same out of the fund created for the redemption of such certificates. On presentation to the county auditor of the certificate of any juror in a civil case, duly certified, the auditor shall draw his warrant upon the county treasurer for the payment of the same out of the general fund of the county. Any such certificate shall be paid out of the fund upon which it is drawn; or, if there is no money in such fund with which to pay the same, it shall be registered and paid in its regular order. ['96, p. 555*.

Certificates must be presented within one year, 1002. Purchase of certificate by public officer a crime, 1031.

The state is not required to pay mileage_and attendance of jurors in civil cases. Salt Lake County v. Richards, 14 U. 142; 46 P. 659.

998. Witness fees in civil actions. The fees and compensation of witnesses in all civil actions must be paid by the party who causes such witnesses to be subpoenaed, and no witness shall be obliged to attend court in a civil action when subpoenaed unless his mileage and fees for one day's attendance are tendered or paid to him on demand, nor unless his fees for attendance for each day are tendered or paid to him on demand. The fees of witnesses paid in civil cases may be taxed as costs against the losing party. ['96, p. 567*.

999. Jurors in justices' courts. Per diem and mileage. Every juror in a justice's court who is sworn to try the cause, and every juror serving at an inquest, is entitled to one dollar and fifty cents per day, and for each mile actually traveled in attending court or an inquest, in going only, twenty cents. [C. L. SS 2184, 5445*; '96, pp. 566-7*.

1000. Id. Witnesses. Witnesses in justices' courts and those attending on inquests when legally required to attend, are entitled to one dollar per day, and for each mile actually traveled, in going only, twenty cents. ['96. pp. 566-7*.

1001. Jurors' and witnesses' certificates. Every justice of the peace.

shall give to each person who has served before him as a juror at an inquest or in a criminal case, or as a witness at an inquest, or as a witness in a criminal case when summoned for the prosecution by the county attorney, or for the defense by order of the court, a numbered certificate, in which must be stated the name of the juror or witness, the title of the proceeding, the number of days' attendance, the number of miles traveled, and the amount due. Such certificate shall be presented to the county attorney, and when certified by him as being correct. shall be presented to the county auditor, and, when allowed by the board of county commissioners, the auditor shall draw his warrant therefor on the county treasurer. Every justice of the peace shall keep a record of all certificates issued by him, which record shall show all of the facts stated in each certificate, and on the first Monday of each month he shall file with the county treasurer a detailed statement of all certificates issued.

Certificate must be presented within one year, 1032.

1002. Jury trial in district court. Deposit. If either party to any civil action pending in the district court shall desire a jury trial of the same, or of any issue or issues thereof, he shall, at the time of giving notice, deposit with the clerk the sum of five dollars. The clerk shall keep a separate account of all money's deposited with him under the provisions of this section, and shall deposit the same in the county treasury at the same time as other fees of his office. [96. p. 567.

Jury waived unless demanded. Con. art. 1, sec. 10.

1003. Id. In justice's court. Deposit. Either party may demand a trial by jury in a civil case in a justice's court on depositing with the justice a sum sufficient to pay the jurors their mileage and fees for one day's attendance. [C. L., 1876, § 1091.

1004. Witnesses for defendant in criminal case. Expense. No witness for a defendant in a criminal case shall be subpoenaed at the expense of the state or of a county, except upon an order of the court. Such order shall be made only upon affidavit of the defendant, showing:

1. That said defendant is impecunious and unable to pay the per diem and mileage of said witness.

2. That the evidence of said witness is material for defendant's defense as he is advised by his counsel, if he have counsel.

3. That said defendant cannot safely proceed to trial without said witness. ['94, pp. 140-1.

1005. Officers not entitled to witness fees. No officer of the United States, or of the state of Utah, or of any county, incorporated city, or town, within the state of Utah, shall receive any per diem when testifying in a criminal proceeding.

1006. Double fees forbidden. No witness shall receive fees in more than one criminal case on the same day.

1007. Interpreters' fees. Intrepreters and translators shall be allowed such compensation for their services as the court may allow, to be taxed and collected as other costs; but the same shall not exceed three dollars per day. p. 567.

['96,

CHAPTER 6.

STATEMENTS.

1008. State officers to account for fees quarterly. The fees chargeable and collected by state officers for the use and benefit of the state shall be paid to the state treasurer at the end of each quarter, and must be accompanied

by a statement thereof as shown by the fee book, duly verified by the officer making such statement. The statement shall be fully itemized, showing from whom and on what account such fees were collected, and it shall be made in duplicate, one copy of which shall be filed with the state auditor and the other with the

state treasurer.

Fees to be paid over quarterly, 964.

1009. County officers to account for fees monthly. The fees chargeable and collected by the officers of the several counties of this state for the use and benefit of the county shall be paid to the county treasurer on the first Monday in the following month, and must be accompanied by a statement thereof as shown by the fee book, duly verified by the officer making the statement. Such statement shall be fully itemized, showing the persons from whom and on what account, or the cases in which such fees were collected or earned; and it shall be made in duplicate, one copy of which shall be filed with the county auditor and the other with the county treasurer. Whenever any county officer shall pay to the state treasurer any fees or money collected by him, he shall prepare a statement as above provided, and shall file one copy with the state auditor and the other with the state treasurer. ['96, p. 569*.

Fees to be paid over monthly, 2971.

1010. Verification of statement.

The verification attached to such

statements shall be substantially in the following form: STATE OF UTAH,

COUNTY OF SALT LAKE.

I, A B, county clerk (or other officer, as the case may be), do swear that the fee book in my office contains a true statement in detail of all fees and compensation of every kind and nature, for official services rendered by me, my deputies, and assistants, for the (month or quarter) ending 189; that said

fee book shows the full amount received or chargeable in said (month or quarter) and since my last regular payment; that neither myself, nor, to my knowledge or belief, any of my deputies or assistants, have rendered any official services, except for the county or the state, which is not fully set out in said fee book; and that the foregoing statement thereof is full and correct.

Subscribed and sworn to before me this

day of

189-.

['96, pp. 569-70*.

1011. Clerk's statement of jurors' and witnesses' certificates. On the first Monday of every month the clerk of the district court must make a detailed statement of certificates issued to all jurors and to witnesses in criminal cases during the preceding month, showing the amount of fees and mileage earned by each, and shall file one copy thereof with the county auditor and the other with the county treasurer.

1012. State to pay jurors and witnesses in criminal cases, and one-half certain salaries. At the end of each quarter it shall be the duty of the county treasurer and the county auditor of each county to prepare in duplicate and verify under oath, a full and complete itemized statement of all warrants issued by the county auditor since the date of the last statement for mileage and attendance of grand jurors, for mileage and attendance of petit jurors engaged in the trial of criminal cases in the district court, and for mileage and attendance of witnesses summoned by or on behalf of the state in criminal cases in the district court; also a statement of all warrants drawn for salaries of the county attorney, the county treasurer, and the county assessor; such statement shall set forth in detail the number of each certificate or warrant, the date of same, the name of the person or persons in whose favor issued, the nature of the service rendered, and such other information as may be necessary. One of said statements shall be transmitted to the state auditor and the other shall be filed in the office of the