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Oct. 24, 1864, $10.

Notaries public, fees of.

Id., $18.

Private persons, compensation of, for performing legal services.

Id., $14.

allowed, and

at what rate.

6 Or. 402.

Id., § 15.

8 2352. The fees of notaries public shall be as follows:

For every protest of a bill of exchange or promissory note, one dollar.

Attesting any written instrument and seal, one dollar. Noting a bill of exchange or promissory note for nonacceptance or non-payment, one dollar.

Registering protest of bill of exchange, one dollar. Certifying and taking an affidavit, and all certificates under seal, one dollar.

Taking the acknowledgment of any deed or other instrument in writing, one dollar.

Making and taking proof of any legal instrument, for each folio twenty-five cents.

For taking depositions, each folio twenty-five cents.
For administering an oath, twenty-five cents.

§ 2353. All private persons performing services required by law, or in the execution of legal process, when no express provision is made for their compensation, shall be entitled to two dollars for each day so employed, and mileage for any necessary travel, going and returning, at the rate of ten cents per mile.

§ 2354. Every officer or person whose fees are preMileage, when scribed in this chapter who shall be required to travel in order to execute or perform any public duty, in addition to the fees herein before prescribed, shall be entitled to mileage, at the rate of ten cents per mile, in going to and returning from the place where the service is performed. § 2355. Mileage for any service by sheriffs shall in Mileage, rule all cases be computed from the county seat or place of for computing in case of holding court in the county in which the officer performsheriff and constable. ing the service resides; and mileage for any service performed by a constable shall be computed from the place of holding the justice's court in the precinct where the constable resides, if issued by a justice of such precinct; and if not, then from the residence of the constable.

Id., § 16.

§ 2356. When any service shall be performed by an officer of, or a person appointed by, the circuit or supreme

court, for which no compensation is provided by this Oct. 24, 1864,

$ 16.

chapter, such officer or person shall be entitled to such Compensation,

of, determined

fee or compensation as such court may direct and order; when amount and when under like circumstances such service shall be by court. performed otherwise than in the circuit or supreme court, such compensation shall be prescribed and ordered by the county court of the proper county.

§ 2357. The fees herein allowed to the county clerk Id., $17. or other officer for services rendered to the state or Fees, when to be paid by county, including the fees for the services of such county stateor county. clerk in the county court when transacting county business, must be paid by the state or county, as the case may

be.

10 Or. 113.

tion of.

§ 2358. The term "folio" as used in this chapter Id., $18. must be construed to mean one hundred words, counting Follo, definitwo figures as one word; and any portion of a folio, when the whole paper shall contain less than a folio, or when such portion shall be an excess over the last folio, shall be deemed a folio.

table of fees,

penalty for so neglecting.

§ 2359. Every officer whose fees are herein prescribed Id., § 19. must prepare and post up in some conspicuous place in officer to post his office a fair table of such fees, for the inspection of all persons interested; and any officer failing to comply with this provision shall forfeit and pay the sum of one dollar for each day such table of fees shall not be so posted.

criminal cases,

claim for

compensation.

§ 2360. The county clerk must, on the application of Id., $ 20. a witness in a criminal action or proceeding, enter in a witnesses in fee-book, under the title of the action in which the witness was subpoenaed or recognized, the number of days such witness has attended, and the number of miles he has necessarily traveled in consequence of such subpœna or recognizance, and shall swear such witness to the statement contained in such entry. The mileage and per diem of a witness in a criminal action or proceeding shall be claimed as in this section provided, at the term of court which the witness attends, and not afterwards.

Oct. 24, 1864, $61.

Costs and discriminal cases.

bursements in

Id., $62.

County clerk, additional

compensation for.

Id., § 63.

Receipt for fees, penalty

§ 2361. The costs and disbursements in a criminal action or proceeding are paid to the person rendering the service, by the proper county; but in case of a judg ment of conviction, such costs and disbursements must be taxed against the defendant.

§ 2362. The county court of any county may allow additional compensation to a county clerk for making an assessment, census, or tax roll, or exhibit of receipts. and expenditures, or any poll-book, when the compensation herein prescribed is deemed inadequate for the service.

§ 2363. An officer receiving fees for any official services must, upon demand, give the party paying the for not giving. same a bill thereof, and receipt the same, specifying in such bill the items of such fees; and any officer refusing or neglecting to comply with this provision shall be liable to the party demanding the receipt for a penalty of twenty-five dollars.

Feb. 19, 1891, $1.
Assessors and

of county

§ 2364. The fees of the assessor shall be three dollars per day. The per diem of commissioner of the county. commissioners court shall be for each day so employed three dollars, court, fees of. except in counties east of the Cascade Range of mounSpecial pro- tains, Jackson and Josephine counties, where assessors visions as to certain shall receive four dollars per day, and in Coos County, counties. where the commissioners of the county court shall receive six dollars per day, and the assessor four dollars per day, for every day employed in the transaction of county business. And in Curry County, where the commissioners of the county court shall receive five dollars per day, and the assessor four dollars per day, for each and every day employed in the transaction of county business. And the assessor of Marion County shall receive four dollars per day for his services as assessor; and the assessor of Multnomah County shall receive six thousand dollars ($6,000) per annum for his services as

Jan. 12, 1859, $1. Guards in conveying convicts.

Id., § 2.

Certificate of Judge to be filed.

assessor.

§ 2365. It shall be the duties of sheriffs, in conveying any convict or convicts to the penitentiary, to obtain a certificate from the judge of the court before whom such convict or convicts were tried, specifying the number of guards, if any, which, in the judgment of said court, are necessary to the safe conveyance of said convict or convicts to the penitentiary.

§ 2366. It shall be the duty of each sheriff who may hereafter convey any convict to the penitentiary to file the certificate mentioned in the last section, with his

account for service, in the office of the secretary of state, Jan. 12, 1859, § 2 who shall allow said sheriff for the number of guards so sheriff to be certified to be necessary.

allowed guard.

§ 2367. The compensation allowed said guards shall Id., § 3. be the same as is now allowed by law to sheriffs for ser- Guards, comvices in conveying convicts to the penitentiary.

pensation of.

§ 2368. When any sheriff may deem it advisable to Id., $5. convey convicts to the penitentiary on horseback, he shall sheriff may be allowed one horse for each convict, and shall be paid convey convict therefor at the ordinary rates for horse hire in his county.

§ 2369. In case any sheriff shall deem it advisable to convey any convict or convicts to the penitentiary in a wagon or other land vehicle, he shall not be allowed for such mode of conveyance to exceed what he would have been entitled to by the mode of conveyance referred to in the last section.

on horseback.

id, $6.

Sheriff may

convey convict

in wagon.

TITLE II.

OF FEES IN CERTAIN COUNTIES.

$2370. County clerks and sheriffs to receive additional compensation certain counties.

§ 2371. County clerks and sheriffs, fees of, in certain counties.

§ 2372. Sheriffs, fees of.

§ 2373. Immediate effect of act in Lake and Klamath counties.

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§ 2375. Justices of the peace, fees of.

§ 2376. Complaint or information to be submitted to district attorney. $2377. Constable, fees of.

Laws

p. 117.

County clerks

§ 2370. The county clerks and sheriffs in the coun- Feb. 25, 1885, $2 ties of Jackson, Umatilla, Wasco, Crook, Cole, and of 1886, Thurston shall receive for their services an additional compensation of thirty-three and one third per centum. "Cole and Thurston." There are no such counties. When this act was passed, bills were pending to create Cole and Thurston counties; but those pensation in bills never became laws.

and sheriffs to

receive additional com

certain
counties.

2371. The fees of the sheriff in the county of Coos, Feb. 18, 1891, $1 and the fees of the clerks and sheriffs in the counties of Curry, Clatsop, Columbia, Josephine, Klamath, Lake, and Tillamook shall be as follows:

For issuing any writ, order, or process, except a subpœna, seventy-five cents.

For issuing a subpoena for one person, twenty-five cents, and ten cents for each additional person named therein. For filing each paper or pleading, fifteen cents.

County clerks

and sheriffs,

fees of, in cer tain counties.

Feb. 18, 1891, §1.
Laws of 1891,

P. 64.

County clerks

and sheriffs,

tain counties.

For entering any judgment, order, or decree of any court, fifty cents.

For each folio after the first in any judgment, order, fees of, in cer or decree, twenty-five cents. For each folio of any journal entry other than a judgment, order, or decree, twenty-five cents.

For taking an affidavit, including the administration of the oath, twenty-five cents.

For swearing a witness, twenty-five cents.

For taking and approving an undertaking or bond in any case, fifty cents.

For making and filing judgment roll, twenty-five cents.
For making copies of journal entries, twenty-five cents.
For judgment roll, for each folio twenty-five cents.
For docketing judgment or decree in judgment docket,
fifty cents.

For making copies of any record on file, for each folio twenty-five cents.

For official certificate, for each folio contained therein twenty-five cents.

For issuing commission to take testimony, fifty cents.
For taking depositions, for each folio twenty-five cents.
For taxing costs and disbursements, fifty cents.
For each jurat, without seal attached, twenty-five cents.
For jurat, with seal attached, fifty cents.

For docketing cause in any action or proceeding, one dollar.

For swearing jury in the trial of an action, suit, or proceeding, one dollar.

For receiving, filing, and recording verdict in any suit, action, or proceeding, one dollar.

For issuing letters testamentary of administration or guardianship, one dollar.

For recording any judgment, order, decree, bill, or appointment of any executor, administrator, or guardian, for each folio twenty-five cents.

For recording the appointment of any admeasurer of dower, fifty cents.

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