For taking down testimony or depositions, including oath, certificate and seal, for each folio, twenty cents.

For issuing every execution, or other final process, fifty cents.

For issuing every decree or order of sale, certificate and seal, for each folio, twenty cents.

For receiving and filing remittitur and accompanying papers from the Supreme Court, twenty-five cents.

For taking each bond required by law, twenty-five cents.

For acknowledgment of deed, or other instrument, including seal, twenty-five cents.

For swearing witnesses, ten cents.

For taking affidavit, including jurat, fifteen cents.

For entry of each case in judgment docket, fifty cents.

For entering satisfaction of judgment, twenty-five cents.

For filing and entering transcript of judgment from justice's court, fifty cents.

For all services not herein enumerated and of him required, or which he is called on to perform, such fees as are herein allowed for similar services.

For final papers of naturalization, five dollars, which includes all services in swearing witnesses, making minutes, recording, certifying, and issuing such papers under seal.

SEC. 2. The sheriff is allowed and may demand and receive the fees hereinafter specified:

FIRST. For serving a summons and complaint, or any other process by which an action or proceeding is commenced, on each defendant, one dollar.

SECOND. For serving an attachment on property, or levying an execution, or executing an order of arrest, or order for the delivery of personal property, one dollar.

THIRD. For his trouble and expense in taking and keeping possession of and preserving property under attachment or execution, or other process, such sum as the court may order: Provided, That no more than three dollars per diem be allowed to a keeper.

FOURTH. For taking a bond or undertaking in any case in which he is authorized to take the same, fifty cents.

FIFTH. For copy of and making return on any writ, process, or other paper, when demanded or required by law, for each folio, twenty cents. SIXTH. For serving every notice, rule, or order, fifty cents.

SEVENTH. For making and posting notices, and advertising property for sale on attachment or execution, or under any judgment or order of sale, exclusive of the costs of publication, each notice, twenty cents per folio.

EIGHTH.-For serving a writ of possession or restitution, putting a person in possession of premises and removing the occupant, three dollars. NINTH. For holding each inquest, a trial of right of property, to include all services in the matter except mileage, three dollars.

TENTH. For serving a subpoena, for each witness summoned, twentyfive cents.

ELEVENTH. For commissions for receiving and paying over money on execution or other process, when land or personal property has been levied on and sold, on the first one thousand dollars, two per cent.; on all sums

above that amount one per cent.; but in no case of sale of real estate shall his commission exceed the sum of one hundred dollars, and when the amount of such sale is credited on the debt and no money is transferred, then one-half of such commission.

TWELFTH.-For commissions for receiving and paying over money on execution without levy, or where lands or goods levied on are not sold, on the first one thousand dollars, one and one-half per cent.; and one-half of one per cent. on all over that sum, but not to exceed in any case fifty dollars. The fees herein allowed for the levy of an execution, costs for advertising and percentage for making or collecting the money on execution, must be collected from the judgment debtor by virtue of such execution, in the same manner as the sum therein directed to be made.

THIRTEENTH.-For drawing and executing a sheriff's deed, including the acknowledgement, to be paid by the grantee before delivery, three dollars.

FOURTEENTH.—For executing a certificate of sale, exclusive of the filing and recording the same, one dollar.

FIFTEENTH.-For making every arrest in a criminal proceeding, two

dollars.

SIXTEENTH.-For summoning each juror, twenty-five cents.

SEVENTEENTH.-For serving a subpoena in a criminal action or proceeding, for each witness summoned, twenty-five cents.

EIGHTEENTH.--For traveling, to be computed in all cases from the court house to serve any summons and complaint, or any other process by which an action or proceeding is commenced, notice, rule, order, subpoena, venire, attachment on property, to levy an execution, to post notice of sale, to sell property under execution or other order of sale, or execute an order of arrest, or order for the delivery of personal property, writ of possession or restitution, to hold inquest or trial of right of property, for each mile actually and necessarily traveled, in going only, thirty-five cents; for traveling to execute any warrant of arrest, subpoena, venire, or other process in criminal cases, or for taking a prisoner from prison before a court or magistrate, or for taking a prisoner from the place of arrest to prison, or before a court or magistrate, for each mile actually and necessarily traveled, in going only, thirty-five cents; for each additional prisoner taken at the same time, fifteen cents per mile; but if any two or more papers be required to be served in the same action or proceeding, civil or criminal, or be in the possession of the sheriff for service at the same time, and in the same direction, one mileage only shall be charged; and in serving a subpoena, venire, process or paper, when two or more jurors, witnesses, parties or persons to be served reside or are found in the same direction, traveling fees must be charged only for the most distant; and only one mileage per day must be charged for taking a prisoner from prison before a court or magistrate; and constrictive mileage must in no case be charged or allowed. For all services arising in justices courts, the same fees as are allowed to constables for like services.

NINETEENTH. For executing every sentence of death, seventy-five dollars, to be paid by the county.

TWENTIETH.-The sum of not more than one (1) dollar per day for each prisoner confined in the county jail, as remuneration in full for the board, clothing and lights of such prisoner. He shall be allowed a jailor, for whose services he shall be allowed the sum of not less than two dollars,

nor more than three dollars per day for each day a prisoner or prisoners are confined in the county jail of his county, to be fixed by the board of county commissioners. For all services under the election laws, the same mile

age and fees as in this Act provided for similar services.

SEC. 3. The probate judge shall receive as compensation for services as such officer not more than two thousand dollars, nor less than five hundred dollars, per annum, and may charge and collect the following fees: When sitting as a committing magistrate in preliminary examinations, three dollars; for the trial of criminal causes, five dollars; for issuing warrant of arrest, fifty cents; for taking bail after commitment, fifty cents; for examination of insane person, five dollars. In case the fees received in any one year shall not amount to the minimum compensation herein provided in any year, he shall be paid by the county a sum sufficient to make his aggregate yearly compensation equal to said minimum compensation. The clerk of the probate court, or the probate judge acting as clerk, is allowed, and may demand and receive, the fees hereinafter specified: the same fees allowed the clerk of the district court or justice of the peace for the same services. For issuing letter testamentary, or of administration, or of guardianship, fifty cents; for writing and posting all the required copies of each notice required to be posted, fifty cents; for each notice, including all the copies, for publication and posting, in addition to costs of publication, fifty cents; for recording wills or other papers required by law to be recorded, for each folio, twenty cents; for copies of all papers or proceedings in the probate court, including certificate and seal, when required, for each folio, twenty cents; for entering each order, for each folio, twenty cents; for all other services, the same fees as are allowed the clerk of the district court for like services: Provided, That if upon the filing of the appraisement of any estate it appears that the whole estate is not of the value of one thousand dollars, no further clerk's fees must be charged.

SEC. 4. The county recorder and auditor is allowed, and may receive for his services, the following fees and compensation, to be paid him by the party procuring his services as recorder: For filing, indorsing and indexing every instrument, paper or notice, when the instrument, paper or notice is not for record, but to be kept on file, fifty cents; for recording every instrument, paper or notice, for each folio, twenty cents; for copies of any record or paper, for each folio, twenty cents; for each certificate under seal, when required, twenty-five cents; for abstract of title and searching the records therefor, and for each conveyance or incumbrance certified, fifty cents; for entry of discharge of mortgage or other instrument on the margin of the record, witnessing and indexing the same, twenty-five cents; for recording every town plat or map, for first one hundred lots or less, three dollars and fifty cents; and for each additional lot, one cent; for taking acknowledgments, including seal, fifty cents; for filing, recording and indexing marriage certificates, one dollar; for administering to the locator the oath and certifying the same on the location notice of a mining claim, and for filing, recording and indexing each notice, two dollars; which must be divided equally between him. and his mining deputy, who receives such notice; for recording each mark or brand, fifty cents; for administering an oath, including jurat, twenty five cents; and certifying same when required, twenty-five cents additional; for all other services as recorder, not enumerated herein, the same fees allowed the clerk of the district court for like services.

As the auditor:

He is allowed and may receive, when not otherwise provided by law, fees as follows:

For administering the oath, including a jurat, if required, twenty-five

cents.

For each paper filed, teu cents.

For all services in connection with the assessment and collection of taxes and other duties relating to revenue for each year, except licenses, ten cents per name.

For all other services as clerk of the board of county commissioners, such salary as the said board may provide, not exceeding in counties of the first class, $200; second class, $175; third class, $150; fourth class, $125; fifth class, $100.

For making records or furnishing copies thereof, twenty cents per folio.

SEC. 5. County commissioners of each county shall receive the sum of six dollars for each day actually and necessarily engaged in transacting county business, not to exceed five hundred dollars ($500) for any one year and five cents per mile for each mile necessarily traveled in transacting county business when such traveling is over a railroad line, and fifteen cents per mile in all other cases: Provided, No commissioner shall receive mileage for traveling over any railroad line over which he has a pass.

SEC. 6. The county treasurer shall be allowed on all moneys received and disbursed by him two per cent. on the first thirty thousand dollars; and one per cent. on all over thirty thousand dollars: Provided, That nothing in this Act shall be construed so as to allow any officer a percentage on both receiving and disbursing: Provided, further, That no percentage shall be allowed to treasurers for receiving and disbursing school moneys.

SEC. 7. That section 2161 of the Revised Statutes be amended so as to read as follows:

Section 2161. The following are county charges:

FIRST.-Charges incurred against the county by virtue of any provision of this title or this Act.

SECOND. The compensation allowed by law to constables and sheriffs for executing process on persons charged with criminal offenses; for services and expenses in conveying criminals to jail; for the service of subpoenas issued by or at the request of the district attorneys and for other services in relation to criminal proceedings.

THIRD.—The expenses necessarily incurred in the support of persons charged with or convicted of crime and committed therefor to the county jail.

FOURTH.-The compensation allowed by law to county officers in criminal proceedings, when not otherwise collectable.

FIFTH.-The sum required by law to be paid to grand jurors and indigent witnesses in criminal cases.

SIXTH.-The accounts of the coroner of the county, for such services as are not provided to be paid otherwise.

SEVENTH.-All charges and accounts for services rendered by justices of the peace or probate judges for services in the examination of persons charged with crime, not otherwise provided for by law.

EIGHTH.-The necessary expenses incurred in the support of county hospitals and the indigent sick, and the otherwise dependent poor, whose support is chargeable to the county.

NINTH. The contingent expenses, necessarily incurred for the use and benefit of the county.

TENTH.-Every other sum directed by law to be raised for any county purpose, under the direction of the board of county commissioners, or declared to be a county charge. All officers whose fees are herein provided for shall render an annual report, under oath, to the board of county commissioners of all fees received as such officer; and when it shall appear that the amount so received does not equal the minimum compensation provided in article eighteen, section seven, of the Constitution, for such office, said officer shall be paid by the county a sum sufficient to make his salary as such officer equal to such minimum compensation; and in case it exceeds the maximum compensation therein provided, such officers shall pay over the excess to the county treasurer.

SEC. 8. That sections 276 and 2145 of the Revised Statutes, and all acts and parts of acts inconsistent with this Act be, and they are hereby repealed.

SEC. 9.

Whereas an emergency exists therefor, this shall be in force and take effect from and after its passage.

Became a law without approval February 9th, 1899.

PRESCRIBING THE AFFIDAVIT AND

H. B. NO. 52.

AN ACT

ACKNOWLEDGMENT OF CHATTEL MORTGAGES AND FOR THE FILING THE SAME; AMENDING SECTIONS 3386 AND 3387 OF THE REVISED STATUTES

OF IDAHO.

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

SECTION 1. That title 12, of chapter 4, sections 3386 and 3387, be amended so as to read as follows:

Section 3386. A mortgage of personal property is void as against creditors of the mortgagor and subsequent purchasers and incumbrances of the property in good faith and for value, unless:

FIRST. It is accompanied by the affidavit of the mortgagor that it is made in good faith and without any design to hinder, delay or defraud creditors.

SECOND. It is acknowledged or proven, as grants of real estate, and the mortgage, or a true copy thereof, is filed for record with the county. recorder of the county where such property is located and kept.

SEC. 2. Section 3387 is amended to read as follows:

Section 3387. Upon the receipt of any such instrument the recorder shall indorse on the back the time of receiving it, and shall file the same in his office, to be kept there for the inspection of all persons interested, and the recorder shall keep a book in which shall be entered a minute of all mortgages of personal property; such book shall be ruled off into separate columns, with heads as follows: "Time of reception," "Name of mortgagor," "Date of instrument," "Amount secured," "When due," "Property mortgaged," "Before whom sworn to and acknowledged," and "Remarks."

The proper entry shall be made under each of such heads, and the recorder shall receive the sum of fifty cents, and no more, for filing any