And the said compensation, when due to the officers and mem- How certified. bers of the senate as aforesaid, shall be certified by the secretary thereof, with the exception of his own compensation, which shall be certified by the speaker; and the compensation that may be due to the officers and members of the house of representatives shall be certified by the principal clerk thereof, and that of the clerk by the speaker; which said certificate, when made out as aforesaid, shall be sufficient evidence to the auditor of each person's claim, respectively, who shall issue his warrant on the treasury for the amount to which such person shall be entitled as aforesaid, to be paid out of any moneys in the treasury not otherwise appropriated.

INCIDENTAL EXPENSES.

§ 3. The incidental expenses of the offices of the auditor of Incidental expublic accounts, state treasurer, and secretary of state, shall in- penses. clude postage on all public papers sent by mail, to or from said officers, relative to the business thereof, furniture for the same, the necessary fuel, and all such books, blanks, and other stationery, as shall be considered necessary for the convenient transaction of business in said departments, respectively.

§ 4. For the purpose of defraying the incidental expenses afore- Vouchers, &c. said, it shall be the duty of said officers, respectively, from time to time, as said expenses may be incurred, to lay proper vouchers for the same before the governor, whose duty it shall be, if such accounts appear to be reasonable, to allow the same, and to certify the amount thereof to the auditor, who shall thereupon be required to issue his warrant for the same to the person entitled thereto, to be paid out of any moneys in the treasury not otherwise appropriated.

FEES OF SECRETARY STATE.

§ 5. For copies or exemplification of records, for every one Fees of secretahundred words, fifteen cents; for affixing seal, with certificate of ry of state. authentication, one dollar; for copy of any law, for every one hundred words, fifteen cents; for official certificate without seal, when not required for public use, twenty-five cents; Provided, that he shall in no case be entitled to any fees whatever where any services are performed for the state, in the discharge of the duties of his office, nor for copying laws, memorials, or resolutions.

FEES OF CLERKS OF THE SUPREME COURT.

§ 6. For each writ of error and seal, with supersedeas, fifty Fees of clerk of cents; for each writ of error, without supersedeas, fifty cents; for supreme court each bond, when not furnished by the party, twenty-five cents; for filing each paper, excepting records and papers on appeals and writs of error, five cents; for filing each record and accompanying papers, on appeals and writs of error as returned by the inferior courts, fifteen cents; for docketing each cause, ten cents; for entering each rule or order of court, each entry being considered as one order, twenty-five cents; for issuing execution, twenty-five eents; for docketing same, ten cents; for entering sheriff's return

Fees of clerk of circuit court.

on same, ten cents; for each subpoena and seal, twenty-five cents; for each scire facias, mandamus, or other special writ, and sealing same, for every one hundred words, ten cents; for bringing any particular record into court of a suit, matter, or thing, not before the court, twenty cents; for entering every judgment or decree, for every one hundred words, ten cents; for making complete record, when directed by the party, for every one hundred words, ten cents; for copy of record, or other proceedings, and sealing same if required, for every one hundred words, ten cents; for entering each continuance from one term to another, ten cents; for each official certificate and seal, other than process of the court, twenty-five cents; for each official certificate without seal, twenty cents; for entering attorney on the roll, administering oath, and certifying to the same, one dollar; for making bill of costs for execution, and recording the same in the costs or fee book, twentyfive cents; for copy of the same, when required by either party, twenty-five cents; for administering each oath, five cents.

CLERK'S FEES IN THE CIRCUIT COURT.

§ 7. For each capias, summons, subpoena, or other process not herein expressly named, and sealing the same, thirty-five cents; Provided, that only one subpoena shall be charged fer every four witnesses, unless actually made out on request, in writing; for filing each paper in the progress of a suit, and appertaining to the same, excepting papers on appeals from justices of the peace, five cents; for filing papers on appeals from justices of the peace, taking appeal bond and issuing supersedeas thereon, fifty cents; taking bond for costs, ten cents; for filing and opening each deposition, five cents; for entering each suit on the docket for trial, ten cents; for entering each order or rule of court for continuance, default to plead, or any order actually entered in the progress of a suit. and counting the whole entry for one, twenty cents; for each discontinuance, retracsit or non-suit, twenty cents; for each dedimus to take depositions, fifty cents; for bringing any particular record into court, of a suit, matter, or thing not properly before the court, ten cents; for calling and swearing each jury, fifteen cents; for swearing each witness in court, five cents; for swearing any person to an affidavit, and filing the same, ten cents; for receiving and entering the verdict of a jury, ten cents; for entering each final judgment in a case, twenty-five cents; and for entering each decree in chancery, ten cents for every one hundred words; for issuing each writ of habeas corpus, certiorari, or procedendo, forty cents; for assessing the damages on any bond, note, or other instrument, for the payment of money, by order of court, and making a report thereof in writing, and filing said report, twenty cents; for entering special bail of record in each case, twenty cents; for making a list of jurors when requested, ten cents; for swearing a constable to take charge of a jury, five cents; for issuing an execution, forty cents; for docketing the same, ten cents; for entering the sheriff's return on each execution, ten cents; for entering satisfaction of judgment, fifteen cents; for entering the report of commissioners or referees, or the award of arbitrators, and all other special entries, for every one hundred words, ten cents; for each certificate and seal, other than the process of the court, thirty-five cents; for taking bond in case of

attachment, forty cents; for taking injunction bond in chancery, forty cents; for taking bond in cases of appeal to the supreme court, fifty cents; for entering appearance of attorney, but once in each cause, ten cents; for entering plaintiff's or defendant's appearance, but once in each cause, five cents; for each attachment for a witness or other person, twenty-five cents; for each venire facias, or jury warrant, when actually made out, thirty cents; for making bill of costs for each execution, and entering the same of record in the fee book, being one charge, thirty cents; for a copy of the same, when requested by either party, twenty cents; for making a complete record of proceedings and judgment, when directed by the court, for every one hundred words, ten cents; for making copy of bill, answer, declaration, pleadings, judgment, or other proceedings, for every one hundred words, ten cents; for certifying and sealing the same, when required in writing, twentyfive cents; for each commission, scire facias, or other special writ or process, and sealing the same, for every hundred words, ten cents; for taking depositions when requested, and certifying to the same, for every hundred words, ten cents; for taking acknowledgment of deed, power of attorney, or other writing, and certifying or sealing the same, twenty-five cents; for making entry of record of naturalisation, and for copy thereof, or for either, for every hundred words, ten cents; for taking each recognizance in court, and entering the same of record, thirty cents; for arraigning a prisoner at the bar, twenty-five cents; for entering judgment of conviction, twenty-five cents; for copy of an indictment, when requested, for every hundred words, fifteen cents; for entering the discharge of recognizance, ten cents; for a copy of the list of grand or petit jurors, when requested, in a criminal cause, twenty-five cents; for swearing jurors, witnesses, and all other persons, the same fees shall be allowed as in civil cases; and in all criminal cases, where the defendant shall be acquitted, or otherwise legally discharged, without payment of costs, the clerk shall receive such compensation as the county court shall order, not exceeding twenty-five dollars per annum; for filing the declaration of intention of becoming a citizen, five cents; for swearing the applicant to declaration, ten cents; for certifying declaration under seal of court, twenty-five cents; for filing papers in cases of application for naturalisation, each, ten cents; administering any oath, five cents; for recording all deeds, mortgages, or other instruments of writing, for every one hundred words, eight cents; and it shall not be necessary for a certificate to be made by the recorder, of the recording a deed or other writing, but an endorsement on the writing recorded, of the book and page in which the same is recorded, and the date of recording the same, signed by the clerk, shall be deemed sufficient evidence of the recording thereof, and for which no fees shall be chargeable; for copies of records, the same fees as for recording; for entering each tract of land named in the deed, above five, in the entry book, five cents, and the entry book in the respective offices of the recorder shall belong to the public.

FEES OF THE CLERKS OF THE COUNTY COURTS.

§ 8. For taking proof of any will or testament, and endorsing Fees of clerk of certificate of probate thereon, including all services relating there- county court.

Proviso.

to, thirty-five cents; for recording last will and testament, for every one hundred words, ten cents; for issuing letters of administration, or letters testamentary, and affixing seal thereto, and recording same, seventy-five cents; for taking bond of an executor or administrator, and administering oath, fifty cents; for each citation, twenty cents; for taking and filing renunciation of widow, or next of kin, fifteen cents; for taking proof of codicil, when proved separately, and endorsing certificate of probate thereon, including all service relating thereto, fifty cents; for recording the same, for every one hundred words, ten cents; for entering the settlement of executors or administrators on the order book, for every one hundred words, figures included, ten cents; for copy of settlement, with certificate and seal, for every hundred words, ten cents; for copies or exemplifications of records and papers, for every one hundred words, ten cents; for official certificate and seal, other than to process, and for which no fee is allowed by law, twentyfive cents; for each summons, subpoena, or other writ or process of court, and sealing the same, and for which no other fee is allowed, twenty-five cents; for administering oath to each witness in court, five cents; for swearing any person to an affidavit, and filing the same, ten cents; for entering each judgment, order, or decree, except orders allowing claims against estates, and counting the whole entry as one, twenty cents; Provided, that no charge shall be made for allowing claims against estates, except for swearing to and filing affidavit, unless the claim be litigated as other suits; for issuing each execution, forty cents; for docketing same, ten cents; for entering sheriff's return on same, ten cents; for making bill of costs for each execution, and recording the same, being one charge, twenty cents; for filing each paper belonging to the settlement of estates, or suit pending, five cents; for appraisment bills, sale bills, and all other exhibits and writings, (except wills and codicils,) when ordered to be recorded by the court, (and not otherwise,) for every thirty words, figures inclusive, two cents; for issuing letters of guardianship, and recording the same, thirty cents; for taking bond of guardian, or for taking any bond not hereinbefore specified, and filing the same, twenty-five cents; for calling and swearing each jury, fifteen cents; for writing indenture, to be paid by master, fifty cents; for each license, and taking bond for ferry, toll-bridge, turnpike road, tavern, grocery, or pedler, one dollar; for each marriage license, fifty cents; for recording marriage certificate, ten cents; each copy of rates for ferry, toll-bridge, or turnpike road, twenty-five cents; for each writ of ad quod domnum, fifty cents; for taking depositions, and certifying to the same, for every one hundred words, ten cents; for taking and certifying the acknowledgment of a deed, power of attorney, or other writing, and sealing same, twenty-five cents; for taking proof in case of estrays, and granting certificate of the same, twenty-five cents; for registering each certificate transmitted to him by a justice of the peace, in cases of estrays, ten cents; for advertisements in such cases, including the copy for newspaper publication, fifty cents; trying and sealing weights and measures, by county standard, fifteen cents; for keeping a regular account current with each and every administrator, executor or guardian, to be kept in a well bound book furnished for that purpose, one dollar.

FEES OF STATE ATTORNEYS.

§ 9. For each conviction in a criminal cause, where the crime Attorneys' fees is inla nous, and the offender subject to corporal punishment, ten dollars; for each conviction, where the crune is not infamous, and the defendant is subject to fine or imprisonment only, five dollars.

FEES OF THE SUCCESSFUL PARTY AT LAW.

§ 10. There shall be allowed to the successful party in each Fees of party at civil action in the circuit and supreme courts, the following docket law. fees, to wit: In each suit in which the title to lands shall come in question, two dollars and fifty cents; in each suit where the title to lands does not come in question, one dollar and twentyfive cents; in eich chancery suit, two dollars and fifty cents. No docket fee shall be allowed or charged, where final judgment or decree shall be for costs only, nor where the case shall be decided without empannelling a jury, except in divorce cases.

The above fees shall be taxed in the bill of costs against the unsuccessful party, whether plaintiff or defendant; Provided, that not more than one docket fee shall be charged and taxed against the same person, in any one cause, in the same court.

SHERIFF'S FEES.

§ 11. For serving a writ or summons on each defendant, fifty Sheriffs' fees. cents; for taking special bail, twenty-five cents; for serving a subpena, on each witness, twenty-five cents; for summoning a jury, (grand jury excepted) each case, fifty cents; for advertising property for sale, twenty-five cents; for returning each writ, or other process, ten cents; mileage, for each mile of necessary travel to serve any such writ or process as aforesaid, calculating from the place of holding the court to the place of residence of the defendant or witness, or place of service, for going only, five cents; for calling the jury in each case, ten cents; for levying a execution, fifty cents; for serving and returning a scire facias to revive a judgment, to foreclose a mortgage, or against bail, sixty cents; for committing each prisoner to jail, thirty-five cents; for discharging each person from jail, thirty-five cents; for dieting each prisoner, per day, thirty-five cents; for attending before a judge with a prisoner, on a writ of habeas corpus, one dollar; for each mile of necessary travel, in taking such prisoner before the judge as aforesaid, ten cents; for serving a writ of possession, with the aid of the posse comilatus, two dollars; for serving the same, without such aid, one dollar; mileage in either case, for each mile of necessary travel, from the place of holding court to the place where such writ is served, for going only, five cents; for executing a writ of ad quod damnum, atten ling the inquest, and returning the writ with the verdict of the jury, two dollars; for summoning a jury in the case of forcible entry and detainer, and attending the trial, two dollars; for attending the circuit and county courts, to be allowed and paid out of the county treasurer, [treasury] per day, one dollar; for executing and acknowledging a deed, on sale of real estate, one dollar; for making certificate of sale previous to execution of deed, twentyfive cents; for taking a replevin, or forthcoming bond, fifty cents; (F)