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CHAPTER 73.

COUNTY CLERK'S FEES.

An Act to amend section 972, Revised Statutes of Utah, 1898, relating to the fees of clerks of the district courts and county clerks.

Be it enacted by the Legislature of the State of Utah:

SECTION 1. Section 972, Revised Statutes of Utah, 1898, is hereby amended to read as follows:

972. Clerk of the District Court. For all services performed by him in any action or proceding (except a probate or guardianship proceeding), seven dollars, to be collected in advance from the party commencing the action; provided, that in cases where an injunction or an attachment or a receiver is asked for, an additional advance fee of two dollars and fifty cents shall be collected.

For all services in an action for divorce in which judgment is entered upon default, five dollars.

For filing cross complaint, counter claim or complaint in intervention, two dollars and fifty cents.

For entering judgment by confession, three dollars.

For services performed in an action appealed from a justice's court, five dollars.

For filing and indexing papers on transfer of a cause from the District Court of another county, two dollars and fifty cents.

For transmission of files and papers on the granting of change of venue to the District court of another county or to the United States Court, exclusive of express charges or postage, two dollars and fifty

cents.

For issuing a commission to take testimony, seventy-five cents.

For filing notice and undertaking and all services, including indexing on appeal to the Supreme Court, three dollars and fifty cents.

For all services after judgment, pending appeal to the Supreme Court (not including the making of copies), two dollars and fifty cents, to be paid by the party moving for a new trial or to set aside judgment. For services performed in proceedings to perpetuate testimony,

one dollar.

For services performed in an adoption case, five dollars.

For certificates of dismissal of appeal, when prepared by the

clerk, two dollars and fifty cents; and when prepared and furnished by the attorney, one dollar.

For certifying transcript on appeal and exemplification of record, two cents per folio.

For filing remittitur from Supreme Court, one dollar, and for recording judgment entered thereon, ten cents per folio.

For filing abstract of judgment from justice's court, including docketing the same,one dollar.

For issuing execution or order of sale, one dollar and for copying decree and return, ten cents per folio.

For filing any papers in any cause after judgment, not otherwise provided for, twenty-five cents.

For issuing transcript of judgment and certifying thereto, one dollar.

For taking and certifying depositions, for each folio twenty cents, besides four dollars for each day's attendance.

For declaration of intention to become a citizen of the United States, two dollars.

For final citizenship certificates, three dollars.

For services in probate and guardianship proceedings up to and including the final settlement of the case, in which the value of the estate does not exceed twenty-five hundred dollars, ten dollars.

For services in probate and guadianship proceedings up to and including the final settlement of the case in which the value of the estate exceeds twenty-five hundred dollars, and does not exceed five thousand dollars, except as hereinafter provided, twenty dollars.

For filing petition for letters testamentary, or of administration or guardianship, in any one case (two dollars) to be paid upon the filing of such petition.

For services in probate and guardianship proceedings up to and including the final settlement of the case in which the value of the estate exceeds five thousand dollars and does not exceed ten thousand dollars, except as hereinafter provided, thirty-five dollars.

For services in probate and guardianship proceedings up to and including the final settlement of the case in which the value of the estate exceeds ten thousand dollars and does not exceed twenty thousand dollars, except as hereinafter provided, fifty dollars.

For services in probate and guardianship proceedings up to and in

cluding the final settlement of the case in which the value of the estate exceeds twenty thousand dollars and does not exceed fifty thousand dollars, except as hereinafter provided, seventy-five dollars; and in cases where the value of the estate exceeds fifty thousand dollars, the clerk shall receive two dollars additional fees for each one thousand dollars' valuation.

For making copies in all probate and guardianship proceedings, ten cents per folio, and each certificate thereto, twenty-five cents.

The valuation herein mentioned shall be ascertained from the inventory filed, and the fees herein provided shall be collected at the time of filing such inventory.

For filing objections or cross-petitions to the appointment of an executor, administrator or guardian, or objections to settlement of accounts or any other proceedings in an estate or guardianship matter, five dollars to be paid by moving party.

For any assignment for the benefit of creditors, the fees to be collected shall be the same in amount as fees collected in probate actions; that is to say, two dollars, upon the filing of the deed of assignment and such sum upon the filing of the inventory, as would have been required to be paid in a probate action for filing such an inventory.

For all services not herein enumerated, a reasonable compensation, to be fixed by the judge of the District Court.

Clerk of the District Court and County Clerk. For administering and certifying oaths, except oaths administered at the trial of any cause, twenty-five cents.

For making copies of papers, records, and files in his office, ten cents per folio, and for each certificate thereto, twenty-five cents.

For recording papers or documents other than those provided for, per folio, ten cents.

For taking justification of sureties, each surety, twenty-five cents; and for taking and filing testimony thereon, twenty-five cents per folio. For searching the files and records, one dollar per hour.

For taking and certifying acknowledgement, fifty cents for one name; for each additional name, twenty-five cents.

For certifying to the official character of any official person, one dollar.

For certifying to the official character of a notary publie or a justice of the peace, fifty cents.

County Clerk. For receiving and forwarding to the State recorder of marks and brands any application for a recorded mark or brand, fifty cents.

For filing and indexing articles of incorporation, two dollars and fifty cents.

For filing and indexing amendments to articles of incorporation, one dollar and fifty cents.

For filing and indexing articles of incorporation of corporations not formed for pecuniary profit, one dollar.

For furnishing certified copy of articles of incorporation of corporations not formed for pecuniary profits, two dollars.

For filing and approving bonds or oath of officers of corporations. fifty cents.

For recording articles of incorporation, twenty cents per folio. For filing and registering dental certificates, one dollar. For filing and indexing certificate of co-partnership, one dollar. For issuing and recording marriage license, two dollars and fifty cents.

For filing any bond or other instrument required by law to be filed in his office, other than the bond of a public officer or one pertaining to a case in court, fifty cents.

For scaling weights and measures, as follows: For each examination, testing, sealing and certifying as required from the owner of the same, to-wit: For any steelyards, beam, ground, floor, platform, counter, or other scales, by which may be weighed not exceeding one hundred pounds, seventy-five cents.

For any such instrument by whch may be weighed over one hundred pounds, and less than six hundred pounds, one dollar.

Over six hundred pounds, one dollar and fifty cents.

For any nests or sets of measures, seventy-five cents.

For any yard stick, dry or liquid measure, twenty-five cents.

And the weights attached to any scales shall, as to the compensation of the sealer of weights and measures, be considered as part of the scales, provided, that where any such weight, measures, or instruments, upon subsequent examination, be found correct and shall not require to be stamped a second time, the aforesaid sealer of weights and measures shall not receive more than one-half the compensation provided for.

The county clerk in counties of the first and second class shall examine and test the before-mentioned instruments for weighing or measuring, provided that in all other counties, he shall on application by any person who shall tender him the fee which he is hereinbefore authorized to receive, and he shall, in every case where he may employ labor or material in making accurate weights or measures, be entitled to extra compensation therefor, and to retain the article upon which such labor or material has been employed, until such compensation be paid. Sec. 2. This act shall take effect upon approval. Approved this 9th day of March, 1905.

CHAPTER 74.

SPECIAL TAXES IN CITIES.

An Act amending section 264, Revised Statutes of Utah, 1898, relating to special taxes in cities, errors in proceedings concerning such special taxes and actions to recover such taxes paid under protest, by adding provisions thereto relating to re-levy of such special taxes after former levy is annulled, and validating special taxes heretofore levied and proceedings relating thereto.

Be it enacted by the Legislature of the State of Utah:

SECTION 1. That section 264, Revised Statutes of Utah, 1898, be and the same is hereby amended to read as follows:

Certain special

264. Errors not to void tax. Action to recover. taxes confirmed. No such special tax shall be declared void, nor shall any such assessment or part thereof, be set aside in consequence of any error or irregularity committed or appearing in any of the proceedings under this chapter; but any party feeling aggrieved by any such special tax, assessment or proceeding may pay the said special taxes assessed or levied upon his property, or such installments thereof as may be due, at any time before the same shall become delinquent, under protest, and with notice in writing to the City Treasurer that he intends to sue to recover the same, whch notice shall particularly state the alleged grievance and grounds thereof, whereupon such party shall have the right to bring civil action within sixty days thereafter, and not later, to recover so much of the special taxes paid as he shall show to be illegal, inequitable, and unjust, the cost to follow the judgment to be apportioned by the court as may seem proper,which remedy shall be exclusive. The City Treasurer shall promptly report all such notices to the

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