Chapter 59. FEES, ALLOWANCES AND COSTS.
Article 1. Fees and Allowances.
Revisers’ Note.—The following sections of c. 137, Code 1923, are omitted from this article for the following reasons: Section 2, as unnecessary, in view of changes made in specific sections of this article to include its effect; §§12-21, inch, except §20a, as transferred to art. 17, c. 50; §20a, as transferred to art. 7, c. 7; §22, as in part superseded and impliedly repealed by §45, c. 137, Code 1923 (§12, art. 7, c. 7), which was amended and reenacted later than said §22, and in part superseded by §2, art. 3, c. 7, which requires the county court to provide janitor service for the courthouse and county offices; §33 is omitted for reasons stated in the revisers’ note at the beginning of art. 17, c. 50; §§40-45, 49, 51, as transferred to art. 7, c. 7; §46, as transferred to art. 3, c. 7; §48, as transferred to art. 8, c. 6; §§52 and 53, as unnecessary.
§1. Fee for Use of State Seal.—Except when the seal is used on the papers of a requisition issued by the governor for the return of a fugitive from justice, or when the seal of the State is affixed to any certificate, credential or commission of a public officer, and except in cases where it is otherwise provided by law, there shall be a tax of one dollar whenever the seal of the State is affixed to any paper, which tax shall be paid to the secretary of state, and by him paid into the treasury of the State.(Code 1849, c. 40, §3; Code 1860, c. 40, §43; 1863, c. 100, §51; Code 1868, c. 7, §21, c. 33, §§8, 9; 1877, c. 108, §§7, 8; 1881, c. 33, §7; 1882, c. 42, §21; 1885, c. 20, §7; 1887, c. 29, §85; 1905, c. 36, §122; Code 1923, c. 7, §21, c. 32, §122.)
Revisers’ Note.—This section is a composite of §21, c. 7, and §122, c. 32, Code 1923.
§2. Fees to be Charged by Secretary of State.—The secretary of state shall charge for services rendered in his office the following fees to be paid by the person to whom the service is rendered at the time it is done:
| For each certificate of incorporation or copy thereof, including certificates issued on new agreements, or authorizing a foreign corporation to do business within this State | $10.00 |
| For each certified copy of certificate of incorporation | 10.00 |
| For each certificate of change of name, of increase or decrease of authorized capital stock, of change of principal office, or of amendment to certificate of incorporation | 5.00 |
| For recording a power of attorney and certificate thereof | 3.00 |
| For any other certificate, whether required by law or made at the request of any person | 5.00 |
| The foregoing fees shall include the tax on the great seal or the less seal impressed on any such document, as well as the filing, recording and indexing of the same. | |
| For indorsing and filing reports of corporations, and all other papers, which shall include the indexing of the same, for each report or paper filed | 1.00 |
| For any search, not less than | 1.00 |
| For searches of more than one hour, for each hour or fraction thereof consumed in making such search | 1.00 |
| The cost of the search shall be in addition to the cost of any certificate issued pursuant thereto or based thereon. | |
| For entering statement of satisfaction of conditional sale contract | .50 |
| For recording any paper for which no specific fee is prescribed | 1.00 |
| Or at the rate, for each one hundred words recorded, of | .20 |
| For issuing commission to a notary public, or to a commissioner of deeds, which shall include the tax on the state seal thereon and other charges | 5.00 |
| For a testimonial | 1.50 |
| For a copy of any paper, if one sheet | 1.00 |
| For each sheet of copy after the first | .75 |
| For issuing a commission to a commissioner in any other state | 5.00 |
| For making out a requisition for a fugitive from justice demanded of the executive authority of another state | 2.00 |
| For issuing a warrant for the arrest of a fugitive from justice demanded by the executive authority of another state | 2.00 |
| When the work or service is performed for the benefit of any corporation which is exempted from the payment of license tax on its charter, one-half only of the foregoing rates shall be charged. | |
| For any other work or service not herein enumerated, such fee as may be elsewhere prescribed. | |
[Code 1849, c. 184, §1; 1857-8. c. 153, §2; Code 1860, c. 184, §1; Code 1868, c. 137, §1; 1872-3, c. 10, §1, c. 51, §1; 1882, c. 129, §1; 1904, c. 13, §1; Code 1923, c. 137, §§1, 1a (1).]
Revisers’ Note.—This section is a combination of §1, and those parts of §1a (1), c. 137, Code 1923, prescribing fees to be charged by the secretary of state. The divisional headings in Acts 1904, c. 13, indicate that the fees enumerated in the last paragraph of said §1a(1), beginning with the words “Land grants,” pertain to the auditor’s office, and the portion of the section dealing with those fees is embodied in the following section. The sentence next to the last in said §1a(1) is combined with §1a(2) in §4 of this article, and the last sentence is omitted as having served its purpose. The provision prescribing the fee for entry of satisfaction of a conditional sale contract, conforming to the provisions of the conditional sales law, is new. The words in the thirteenth paragraph, “for which no specific fee is prescribed,” are new.
§3. Fees to be Charged by Auditor.—The auditor shall charge for services rendered in his office the following fees to be paid by the person to whom the service is rendered at the time it is done:
| Land grants not exceeding five hundred words | $1.50 |
| For each additional five hundred words or fractional part thereof | 1.00 |
| For certificate of redemption, where taxes and interest are five dollars and under | 1.00 |
| For certificate of redemption, where taxes and interest are over five and under twenty dollars | 1.50 |
| For certificate of redemption, where taxes and interest are over twenty dollars | 2.00 |
| For making search as to title, etc., when not over one hour | 2.50 |
| For each additional hour | 2.00 |
| For transcript of records and certifying to same when not over one hundred words | 1.50 |
| For each additional one hundred words | .25 |
| For a certificate of reinstatement of corporation charter | 5.00 |
[1904, c. 13, §1; Code 1923, c. 137, §1a(1).]
Revisers’ Note.—This section contains that part of §1a(1), c. 137, Code 1923, prescribing fees to be charged by the auditor. See revisers’ note to preceding section. The provisions relating to fees to be charged insurance companies and agents are omitted as superseded by subsequent statutes providing that such fees shall be paid to the insurance commissioner. The words “over five and” are new.
§4. Fees Collected by Secretary of State Auditor and Clerk of Supreme Court of Appeals to be Paid into State Treasury; Accounts; Reports.—The fees to be charged by the auditor, secretary of state and clerk of the supreme court of appeals, by virtue of this article or any other law, shall be the property of the State of West Virginia, and they and each of them shall account for and pay into the state treasury at least once every thirty days all of such fees, by any of them collected, or appearing to be due to the State, to the credit of the general state fund. The auditor, secretary of state and clerk of the supreme court of appeals shall each keep a complete and accurate account by items of all fees collected by them, and the nature of the services rendered for which such fees were charged and collected, in one or more well-bound books kept for the purpose, which books shall at all times be open for inspection and examination by the governor or any other state officer, or member of the legislature, or any party interested.
The secretary of state, auditor and clerk of the supreme court of appeals shall each, within twenty days after the close of each month, make a report for the preceding month, in which each shall set out in detail every payment of money made to him, and show by whom it was paid, and for what purpose. The reports of the secretary of state and clerk of the supreme court of appeals shall be filed in the office of the auditor, and the report of the auditor shall be filed in the office of the secretary of state. If any of said officers shall fail to make and file such monthly report in any month within the time named, it shall be the duty of the officer in whose office it is required to be filed to report in writing the fact of such failure to the governor. All such reports shall be open to like inspection as is hereinbefore provided concerning the fee books of said officers. And each of said officers shall annually, in the annual report which he is required by law to make, report the aggregate of the fees so collected by him, and the amount paid over by him, as provided in this section, which report shall be sworn to.[1904, c. 13, §§1, 2; Code 1923, c. 137, §§1a(1), 1a(2); 1929, c. 7, §§1, 2.]
Revisers’ Note. —This section is a combination and redraft of §1a(2), and the sentence next to the last of §1a(1), c. 137, Code 1923. See revisers’ note to §2 of this article. The rest of said §1a(1) is in §§2 and 3 of this article.
Committee’s Note. —This section is broadened to include the clerk of the supreme court of appeals, in conformity with §§1 and 2, c. 7, Acts 1929.
§5. Violations of Preceding Section.—Any willful violation of the preceding section by the auditor, secretary of state or clerk of the supreme court of appeals, or any willful failure by either of them to make the reports or pay over the money or keep the accounts as provided for in the preceding section, shall be deemed a felony, and, upon conviction thereof the party offending shall be fined not more than five thousand dollars, and confined in the penitentiary for a period of not more than ten years.[1904, c. 13, §3; Code 1923, c. 137, §1a(3); 1929, c. 7, §3.]
Revisers’ Note.—The word “section” is changed from the plural to the singular.
Committee’s Note.—This section is broadened to include the clerk of the supreme court of appeals, in conformity with §3, c. 7, Acts 1929.
§6. Fees to be Charged by Surveyors.—Surveyors may charge the following fees:
| For all surveying actually done (unless by special contract), for the first one hundred poles, or any less distance, long measure, per pole | $.01 |
| After the first one hundred poles, long measure, per pole | .005 |
| For tracing and examining old surveys to ascertain the true lines, their distance and courses, or for doing surveying in and about any mines, cities, towns or villages, the surveyor may charge $5.00 for every day necessarily so employed, in lieu of charging by the pole: Provided, That nothing in this section shall prevent any party having surveying done from making a contract for a different compensation. | |
| For calculating the quantity for less than six courses or lines | .50 |
| When land is divided, for calculating each division, if less than six courses | .50 |
| For every course or line of more than six courses | .03 |
| For making a plat of six courses, or less | .50 |
| For every course more than six | .03 |
| For recording a plat and certificate, if not more than six courses | .50 |
| For every course above six | .03 |
| For a copy of a plat and certificate, where there are not more than six courses | .50 |
| For every course above six | .03 |
| For a copy of an entry | .50 |
| For every search where no copy is required | .25 |
| For giving receipt for any paper | .15 |
| For traveling to the place of surveying and returning, per mile | .05 |
If surveying be done at different places, on the same tour, the mileage shall be apportioned among the different surveys according to their distance from the residence of the surveyor or deputy and each other, so that the surveyor shall not receive more than five cents a mile for going and returning for any one trip.(Code 1849, c. 184, §2; Code 1860, c. 184, §§2, 3; Code 1868, c. 137, §§2, 3; 1872-3, c. 10, §§2, 3, c. 51, §2; 1882, c. 129, §3; 1917, c. 25, §3; Code 1923, c. 137, §3.)
§7. Fees to be Charged by Notaries Public.—A notary public may charge the following fees:
| When there is a protest by him, for the record thereof, making out instrument of protest under his official seal and notice of dishonor to one person besides the maker of a note or acceptor of a bill | $1.00 |
| For every additional notice | .10 |
| For taking and certifying the acknowledgment of any deed or writing | .50 |
| For administering and certifying an oath, unless it be the affidavit of a witness | .25 |
| For taking and certifying affidavits or depositions of witnesses, at the rate, for each hour actually employed in taking the same, of | .75 |
| For other services, where no specific fee is prescribed, the same fees as are allowed by law to the clerk of the circuit court for similar services. | |
(Code 1849, c. 184, §4; Code 1860, c. 184, §4; Code 1868, c. 137, §4; 1872-3, c. 10, §4, c. 51, §3; 1882, c. 129, §4; Code 1923, c. 137, §4.)
Revisers’ Note.—The words “where no fee is specifically prescribed” near the end of the section are new. The words “or taking and certifying the privy examination and acknowledgment of a married woman,” following “deed or writing” in §4, c. 137, Code 1923, are omitted as obsolete. The words “(except as provided in chapter sixty-six of this Code),” in §4, c. 137, Code 1923, are omitted. This exception first appeared in Acts 1882, c. 129, §4, and is apparently an error as c. 66 does not contain any provision which could be construed as such exception.
§8. Fees to be Charged by Commissioners of Courts.—A commissioner, except where it is otherwise specially provided, shall have for any service such compensation as the court of which he is commissioner may from time to time prescribe, not exceeding one dollar where less than an hour is employed, and if more than an hour be employed, not exceeding the rate of one dollar for each hour, or in lieu thereof, twenty-five cents per hundred words of his report, as the commissioner may elect. A commissioner returning a report shall annex thereto a certificate, under oath, that he was actually and necessarily employed for a number of hours, to be stated therein, in performing the services for which the fees stated at the foot thereof are charged. Until such certificate is made, no such fees shall be allowed or paid. A commissioner shall not be compelled to make out or return a report until his fees therefor be paid or security given him to pay so much as may be adjudged right by the court to whom the report is to be returned, or, if it be a circuit court or court of limited jurisdiction, by the judge thereof in vacation, unless the court or judge see cause to order it to be made out and returned without such payment or security, and shall so order.(Code 1849, c. 184, §§5, 6; Code 1860, c. 184, §§5, 6; Code 1868, c. 137, §§5, 6; 1872-3, c. 10, §§5, 6, c. 51, §4; 1882, c. 129, §5; 1921, c. 76, §5; Code 1923, c. 137, §5.)
Revisers’ Note. —The following words are new: “except where it is otherwise specially provided,” at the beginning of the section; “compensation,” near the beginning of the section; “of his report,” near the end of the first sentence; “or a court of limited jurisdiction,” near the end of the section. The parenthetical expression following the word “prescribe” near the beginning of §5, c. 137, Code 1923, “(except as provided in chapter sixty-six of the Code),” is omitted as unintelligible. See revisers’ note to preceding section.
§9. Fees to be Charged by Commissioners of Accounts.—For services rendered by any commissioner of accounts, the same compensation shall be allowed as is allowed by law to commissioners of courts for similar services.(1882, c. 129, §6; Code 1923, c. 137, §6.)
Revisers’ Note.—Section 6, c. 137, Code 1923, is redrafted without change in substance.
§10. Fees to be Charged by Clerk of County Court.—The clerk of a county court shall charge and collect the following fees:
| When a writing is admitted to record, for receiving proof of acknowledgment thereof, entering an order in connection therewith, indorsing clerk’s certificate of recordation thereon, and indexing in a proper index, where the writing is a deed of conveyance, trust deed, lease or power of attorney concerning real estate | $1.25 |
| If such writing contains more than one thousand words, for every additional thirty words | .03 |
| For recording a plat, whether separate from, or accompanying a deed or other writing | .50 |
| If such plat contain more than six courses, for each additional course | .03 |
| For recording, indexing and noting release of lien | .50 |
| For filing, or refiling, and entering conditional sale contract | .50 |
| For recording a satisfaction of a conditional sale contract | .35 |
| For recording and indexing certificate of incorporation | 1.25 |
| For filing and indexing a certificate showing the name or names of a person or persons conducting business under an assumed name | .25 |
| For certifying to the assessor a transfer of real estate, under section four, article four, chapter eleven of this Code | .50 |
| For swearing the witnesses and entering in the order or minute book all orders in relation to the proof of a will which is admitted to record without contest, and copying such order on the will or on a paper annexed thereto, when fully proved, and but one order | .75 |
| If the will be but partially proved on one day, for the order and entering the same on the will or paper annexed thereto | .50 |
| For each subsequent order and entering the same on the will or paper annexed thereto | .50 |
| For the same services where there is a contest | 2.00 |
| For recording a will and the matter recorded therewith in the will book | .50 |
| If the will and matter recorded therewith contain more than five hundred words, at the rate, for every thirty words, of | .03 |
| For entering orders and transmitting papers in case of an appeal | .75 |
| If there be an order committing a decedent’s estate to an officer, for entering and copying such order and the orders of appraisement | .50 |
| If any personal representative or guardian qualify, for administering necessary oaths, making out bond, entering and copying on the will order granting probate or administration, making out copy of such order for personal representative or guardian, entering and copying orders of appraisement | 1.00 |
| If several personal representatives qualify on the same estate at the same time or term, only the same fee shall be charged as if one had qualified, to-wit | 1.00 |
| For entering and copying an order granting a license under the provisions of article twelve, chapter eleven of this Code | .50 |
| For certificate for a license, or alteration or assignment thereof | .50 |
| On application for marriage license, for administering and writing certificate of oath, issuing and registering license and recording and giving receipt for certificate of marriage | 2.00 |
| One-half of the latter fee shall be paid by the county clerk into the state treasury as a state registration fee, in the same manner that license taxes are paid into the treasury under article twelve, chapter eleven of this Code. | |
| For search for anything in his office of over a year’s standing | .25 |
| For recording a certificate and posting a copy thereof under the provisions of section two, article one, chapter thirty-four of this Code | .50 |
| For docketing, under article three, chapter thirty-eight of this Code, a judgment, decree, bond or recognizance | .35 |
| For redocketing the same when required | .35 |
| For docketing an execution | .35 |
| For noting on the judgment docket the date of issuing and the date of filing an execution | .25 |
| For making out a transcript of the record and proceedings in any case in due form, so that the same may be used in an appellate court, for every thirty words | .03 |
| For making out, in any other manner than copying, any paper to go out of the office, which is not otherwise provided for | .50 |
| If such paper contain more than five hundred words, at the rate, for every thirty words, of | .03 |
| For any copy, if it be not otherwise provided for | .35 |
| If such copy contain more than three hundred and fifty words, at the rate, for every thirty words, of | .03 |
| For annexing the seal of the court to any paper, writing certificate of the clerk accompanying it, and writing certificate of the president of the court or judge if the clerk be required to do so | .50 |
| For recording and filing an inventory or sale bill | .50 |
| If the inventory or sale bill contain more than five hundred words, at the rate, for every thirty words, of | .03 |
| For entering an order confirming the report of a fiduciary | .50 |
| For recording such report and matter recorded therewith | .50 |
| If such report and matter recorded therewith contain more than five hundred words, at the rate, for every thirty words, of | .03 |
| For recording any bond required by law to be recorded, including the certificate or other evidence of its execution | .50 |
| For recording notice of mechanic’s lien | .50 |
| If such notice contain more than five hundred words, at the rate, for every thirty words, of | .03 |
| For recording contract limiting liability of owner, and bond of contractor to be filed therewith, as prescribed in article two, chapter thirty-eight of this Code | 1.00 |
| For recording and indexing a notice of lis pendens | 1.00 |
| For recording a certificate of real estate claimed as a homestead | .50 |
| For administering an oath, not before provided for, and writing a certificate thereof where the case requires one | .15 |
| For recording anew any will, deed or other paper, the same fees as for the original recording. | |
| For any service not specifically provided for, the same fee as a clerk of the circuit court for similar services. | |
(Code 1849, c. 184, §8; Code 1860, c. 184, §10; Code 1868, c. 137, §7; 1872-3, c. 10, §8, c. 51, §5; 1875, c. 100, §1; 1882, c. 129, §7; 1904, c. 11, §7; 1909, c. 36, §7; Code 1923, c. 137, §7.)
Revisers’ Note.—Section 7, c. 137, Code 1923, is largely redrafted, and the following additional fees are inserted in the order in which they are noted: Fee for filing and entering a conditional sale contract, prescribed by §§10, 11, c. 64, Acts 1925, which is substituted for the fee relating to reservations of title under said §7. Fee for recording satisfaction of conditional sale contract, prescribed by §12, c. 99A, Code 1923. Fee relating to certificate where business is conducted under assumed name, prescribed by §19, c. 100, Code 1923. Fee for docketing execution, prescribed by §2, c. 141, Code 1923. Fee for noting on judgment docket date of issuing and filing execution, prescribed by §6, c. 139, Code 1923. Fee relating to contract limiting liability of owner and bond filed therewith, prescribed by §8, c. 75, Code 1923. Fee relating to lis pendens, prescribed by §14, c. 139, Code 1923. Fee where papers recorded anew, prescribed by §16, c. 130, Code 1923. See revisers’ note to §9, art. 2 of this chapter for disposition of rest of said §16. The concluding provision reading “for any service not specifically provided for, the same fee as a clerk of the circuit court for similar services,” is taken substantially from the last sentence of §31, c. 137, Code 1923. The provision near the middle of the section, relating in said §7 to license to keep a hotel or tavern where spirituous liquors are sold, is changed so as to prescribe a fee of $ 0.50 generally for entering and copying any order granting a license, in accord with §38, c. 32, Code 1923.
§11. Fees to be Charged by Clerk of Circuit Court.—The clerk of a circuit court shall charge and collect the following fees:
| For issuing an attachment or injunction, or a summons to answer a bill with an indorsement thereon of an injunction or order of attachment, and recording return of the same | $.75 |
| For every order of publication, including the taking of the necessary affidavit thereof and delivering the same to the printer | 1.00 |
| For process for which no other fee is allowed | .40 |
| For each copy of a process which goes out of the office (with such process) to be used in serving it, one-half of the fee for issuing such process. | |
| For issuing summons for witnesses | .25 |
| For every copy of such summons | .15 |
| For noting in the process book any decree, order or process, and taking receipt therefor | .25 |
| For postage paid by the clerk on any decree, order or process, and putting in or taking out of the post office the same, three times the amount of such postage. | |
| For entering in any suit, or in a motion for judgment for money, all the attorneys for each party, or the appearance in proper person of a party having no attorney, who so appears | .10 |
| For indorsing and filing each petition, declaration, bill, answer, or other written pleading, each bill of exceptions, each written notice of the defense relied on in ejectment, or of a motion for judgment for money and each report of a commissioner | .15 |
| If when a bill, answer, petition or other pleading or report of a commissioner is filed, there be filed therewith any exhibit on which the clerk is required by law to indorse the names of the parties and the day it is filed, and he does so indorse them, for every such exhibit | .10 |
| For indorsing and filing all the depositions and affidavits of witnesses filed by a party, all written interrogatories from one party to another, all the answers filed to such interrogatories propounded by the opposite party, and the exceptions filed by a party to a commissioner’s report, including only such depositions, affidavits, interrogatories, answers and exceptions as are filed on the same side | .60 |
| If papers be filed on the side of the plaintiff for which no particular fee is allowed, a fee (not for each, but for the whole) of | .25 |
| If papers be filed on the side of the defendant for which no particular fee is allowed, a fee (not for each, but for the whole of such papers) of | .25 |
| For issuing a scire facias and recording the return, where proper to do so | .75 |
| For entering in the rule book the return of all process returnable the same day, a fee (not for each defendant named therein, nor for every such process, but for the whole of the defendants named in all such process) of | .50 |
| For all the rules entered in any case on the same side at the rules for one month, when anything is done on such side at said rules besides entering or filing a pleading or continuing the case | .50 |
| Where no proceedings are had in any case during any rules except to continue it, the fee shall be, for every quarter of a year the case is so continued, at the rate of | .25 |
| For docketing and continuing a cause at each term in which there is no other order except to continue the cause, or where a cause is continued by operation of law | .50 |
| Where a jury is impaneled, for swearing the jury and witnesses | .75 |
| Where no jury is impaneled, if witnesses be examined by the court, for swearing such witnesses for either party | .25 |
| Where a witness claims for his attendance, for administering an oath to him and certifying such attendance | .30 |
| For all judgments, decrees, orders and proceedings (except entries of pleadings and matters otherwise provided for) entered in the order book | .50 |
| If the words so entered are more than five hundred, at the rate, for every thirty words, of | .03 |
| For taxing costs in any case, on one side | .20 |
| If the case has been pending more than one year, then for taxing costs for every additional year | .10 |
| For issuing an execution, or writ of possession, the entry in the execution book and the record of the return | .50 |
| For making out a transcript of the record and proceedings in any case in due form, so that the same may be used in an appellate court, for every thirty words | .03 |
| For making out, in any other manner than copying, any paper to go out of the office, which is not otherwise provided for | .50 |
| If such paper contain more than five hundred words, at the rate, for every thirty words, of | .03 |
| For any copy, if it be not otherwise provided for | .40 |
| If such copy contain more than four hundred words, at the rate, for every thirty words, of | .03 |
| For annexing the seal of the court to any paper, writing the certificate of the clerk accompanying it, and writing certificate for the judge of the court, if the clerk be required to do so | .50 |
| For a writ of supersedeas or other writ issued on an appeal to the circuit court | .50 |
| For making out the bond, if one be required, upon issuing such writ, administering oaths and taking proper affidavits | .50 |
| Upon any such writ, for indorsing and filing the petition therefor, or, when the writ is returned, for filing it with the return thereof | .20 |
| When the clerk of the supreme court of appeals issues process on an appeal, writ of error or supersedeas, for making out the bond, administering necessary oaths and writing proper affidavits, and indorsing on the process a certificate of the execution of the bond, and of the names of the sureties therein | 1.00 |
| After a decision by the circuit court or supreme court of appeals as an appellate court, for issuing an execution, making entry thereof in the execution book and recording return | .75 |
| For taxing the damages to which a party may be entitled by reason of an injunction, appeal, writ of error or supersedeas | .50 |
| For making out an injunction bond, administering all the necessary oaths, and writing the certificate thereof, and indorsing on the summons that such bond is given | 1.00 |
| For making out any bond under the provisions of article seven, chapter thirty-eight, and article seven, chapter fifty-three, of this Code, administering the oaths and writing the certificates in relation thereto, and for all that is necessary to be done in relation thereto | 1.00 |
| For making out any other bond not otherwise provided for, administering all necessary oaths and writing certificates thereof | .50 |
| For any service not specifically provided for, the same fee as a clerk of the county court for similar services. | |
(Code 1849, c. 184, §9; Code 1860, c. 184, §11; Code 1868, c. 137, §8; 1872-3, c. 10, §10, c. 51, §6; 1882, c. 129, §8; Code 1923, c. 137, §8.)
Revisers’ Note.—Near the beginning of the section, the following words are new: “or injunction,” after “attachment”; “return of,” after “recording”; “and,” before “delivering.” The reference to posting the order of publication is omitted. In the provision relating to fees for indorsing exhibits, the words “petition or other pleading,” after “answer,” are new. The words “For indorsing and filing all the depositions and affidavits of witnesses filed by a party, all written interrogatories from one party to another, all the answers filed to such interrogatories propounded by the opposite party, and the exceptions filed by a party to a commissioner’s report, including only such depositions, affidavits, interrogatories, answers and exceptions as are filed on the same side,” are substituted for “for indorsing and filing all the depositions and affidavits of witnesses filed on the same side, or all written interrogatories from one party to another, or all the answers filed to such interrogatories, or the exceptions filed by either party to a commissioner’s report.” The words “or writ of possession,” after “execution,” are new. Near the end of the section the following substitutions are made: “article seven, chapter thirty-eight, and article seven, chapter fifty-three,” for “chapter one hundred and six”; “specifically provided,” for “before provided.” Since the fees pertaining to attachments are prescribed at the beginning of the section, the subsequent provision in Code 1923 relating to attachments, following the provision in regard to issuing a scire facias, is omitted.
§12. Fees to be Charged by Clerks of Court of Limited Jurisdiction.—The clerks of courts of common pleas, of intermediate courts, and of other courts of limited jurisdiction, shall charge and collect the same fees for their services as clerks of the circuit courts for similar services.(1872-3, c. 51, §7; 1882, c. 129, §9; Code 1923, c. 137, §9.)
Revisers’ Note. —The words “common pleas, of intermediate courts, and of other courts of limited jurisdiction” are substituted for the words “limited jurisdiction created in incorporated cities, towns and villages.” “Services,” at the end of the section, is substituted for “purposes.”
§13. Fees to be Charged by Clerk of Supreme Court of Appeals.—The clerk of the supreme court of appeals shall charge for services rendered as such clerk the following fees to be paid by the parties for whom the services are rendered:
| For docketing each case of appeal, writ of error, or original jurisdiction, and for all other necessary services on behalf of the appellant, plaintiff in error, or petitioner, except comparing the record, to and including the certification of the final writ or mandate in such case, to be paid in advance | $10.00 |
| For entering appearance of appellee, defendant in error or respondent in each case, and for all other necessary services on his behalf therein to and including the certification of the final writ or mandate, to be paid in advance | 5.00 |
| For all copies of petitions, records, orders, opinions, or other papers, duly compared, attested or certified, per legal page | .35 |
| For each certificate under seal of the court | 1.00 |
| For license to practice law, suitable for framing | 5.00 |
| The foregoing charges shall not apply to criminal cases, cases brought on behalf of the State, or cases certified to the supreme court of appeals. | |
| For any other work or services not herein enumerated, the clerk shall charge the fees prescribed for similar services by clerks of circuit courts. | |
(Code 1849, c. 184, §10; Code 1860, c. 184, §12; Code 1868, c. 137, §9; 1869, c. 101, §9, c. 131, §10; 1872-3, c. 10, §11, c. 51, §8; 1882, c. 129, §10; Code 1923, c. 137, §10; 1929, c. 7, §1.)
Committee’s Note.—This section is amended in conformity with Acts 1929, c. 7, §1. The last paragraph of said §1, and all of §§2 and 3 of said c. 7 are covered in §§4 and 5 of this article, as amended by the committee. Section 4 of said c. 7 is transferred to c. 51, art. 1, §11.
§14. Fees to be Charged by Sheriffs.—A sheriff shall charge and collect the following fees:
| For serving on any person a declaration in ejectment, or an order, notice, summons or other process, where the body is not taken, except a subpoena served on a witness, and making return thereof | $.75 |
| For summoning a witness | .25 |
| For serving on any person an attachment or other process under which the body is taken | 1.00 |
| For levying an attachment on real estate and making the return | 3.00 |
| For making any other levy | 1.00 |
| For conveying a prisoner to or from jail, for each mile of necessary travel either in going or returning | .05 |
| For taking any bond | .60 |
| When a jury is sworn in court, for summoning and impaneling such jury | 1.00 |
| For serving a writ of possession | 1.50 |
| For issuing receipt to purchaser at delinquent tax sale | .25 |
| For keeping and supporting any live stock distrained or levied on, as follows: | |
| For a horse or mule, if well fed on grain and hay or fodder, per day | $.35 |
| If the same be kept on pasture, per day | .12 |
| For a hog, per day | .05 |
| For each head of cattle, per day | .05 |
| For sheep and goats, each per day | .02½ |
If a mare so levied on and kept have a suckling colt, no fee shall be allowed for keeping the colt. The county court may, from time to time, prescribe a different sum which the sheriff may charge for keeping any of the aforesaid property, and may prescribe the amount which he may charge for keeping automobiles or other property in storage; and he shall be repaid any necessary expense incurred by him in keeping any property not before mentioned, or in removing any property. When, after distraining or levying, he neither sells nor receives payment, and either takes no bond or takes one which is not forfeited, he shall, if guilty of no default, have (in addition to the sixty cents for a bond, if one was taken) a fee of three dollars, unless this be more than half of what his commission would have amounted to if he had received payment; in which case he shall (whether a bond was taken or not) have a fee of sixty cents at the least, and so much more as is necessary to make the said half of his commissions. The commission to be included in a forthcoming bond (when one is taken) shall be five per cent on the first three hundred dollars of the money for which the distress or levy is made, and two per cent on the residue of such money; but such commission shall not be received, in whole or in part, except as hereinbefore provided, unless the bond be forfeited, or the amount (including the commission) be paid to the plaintiff. An officer receiving payment in money, or selling property, shall have the like commission of five per cent on the first three hundred dollars of the money paid or proceeds from such sale, and two per cent on the residue, except that when such payment or sale is on an execution on a forthcoming bond, his commission shall be only half what it would be if the execution were not on such bond.(Code 1849, c. 184, §11; Code 1860, c. 184, §13; Code 1868, c. 137, §§10, 11; 1872-3, c. 10, §12, c. 51, §9; 1882, c. 129, §11; Code 1923, c. 137, §11.)
Revisers’ Note. —Section 11, c. 137, Code 1923, is largely redrafted. The provision at the end of the first paragraph of said §11, providing a fee for service of a writ of distringas, is omitted, in view of the fact that this writ has been abolished. The provision for a fee of 25c for issuing a receipt to a purchaser at a tax sale is added in pursuance of §11, c. 31, Code 1923. The provision permitting the county court to fix the charge for storing automobiles and other property is new.
§15. Payments to Sheriffs and Clerks Out of State or County Treasury.—There shall be paid out of the state treasury to clerks and sheriffs for services rendered the State in a civil case such fees as would be chargeable for the like service of an individual, after such fees are duly certified to the auditor. There shall be paid by the county court according to the provisions of article five, chapter sixty-two of this Code, the following fees, after the same are duly certified to such court: To the sheriff or other officer, for an arrest for felony, one dollar, and for conveying any person charged with or convicted of felony, to jail, or from one jail to another, for each mile in going and returning, five cents. The officer shall also be allowed for the support of the prisoner during the removal, and for assistance to make the arrest or effect the removal, such charge as may have been necessarily incurred by him, to be shown by his own affidavit, if living, or, if he be dead, by the affidavit of some credible person; and where he has assistance, by the affidavit also of each person employed by him, or by such of them as may be alive and within the jurisdiction of the court, and if none of them be alive or within the jurisdiction of the court, the court may allow such claim upon his own affidavit. Such charge for assistance shall not exceed, in making an arrest, one dollar per day for each person employed to assist him; and in conveying a prisoner, not to exceed five cents per mile going and returning for each guard. The officer shall also be allowed for impaneling a jury in case of a felony, one dollar.(1872-3, c. 10, §30, c. 51, §23; 1882, c. 129, §23; 1904, c. 11, §23; Code 1923, c. 137, §23.)
§16. Allowance to Witnesses for Attendance; How and When Made.—A person attending any court or other tribunal, under a summons or recognizance as a witness, shall receive one dollar for each day’s attendance and five cents per mile for each mile necessarily traveled to the place of attendance, and the same for returning, besides the tolls at the bridges and ferries which he crosses. On his oath, and entry of the sum he is entitled to, and for what, and by what party it is to be paid, shall be made. When the attendance is before either house or a committee of the legislature, such entry shall be made by the clerk of such house or the chairman of such committee, and in other cases by the clerk of the court or other tribunal before which, or by the person before whom, the witness attended. A witness summoned or recognized to attend in several cases may have the entry made against any one of the parties by whom he is summoned, or for whom he is sworn as a witness, but no witness shall be allowed for his attendance in more than one case at the same time. But no compensation shall be allowed to a witness before a grand jury. This section shall not apply to witnesses before justices of the peace.(Code 1849, c. 176, §35; Code 1860, c. 176, §36; 1866, c. 15, §36; Code 1868, c. 130, §40; 1877, c. 9, §40; 1882, c. 160, §40; Code 1923, c. 130, §40.)
Revisers’ Note. —The words in the third sentence, “such entry shall be made,” are new.
§17. By Whom Witnesses Paid; On What Certificate; Clerk’s Certificate as to Claims; Dispute as to Claims.—The sum to which a witness is entitled shall be paid out of the treasury in any case of attendance before either house or a committee of the legislature, and in any other case in which the attendance is for the State except where it is otherwise specially provided. In all other cases it shall be paid by the party for whom the summons issued. The payment shall be on the certificate of the person required by the preceding section to make the entry. The certificate shall express by letters, and not by figures, the separate amounts to which the witness is entitled for his attendance, traveling tolls and ferriages which he may have to pay, and the aggregate thereof. No clerk or other person authorized to make such entry or give such certificate shall become interested by purchase in any claim payable out of the public treasury, which by law he is authorized to certify. And it shall be the duty of such clerk, as soon as possible after the adjournment of any court, to make out a list of all entries made on behalf of witnesses attending for the State, whose fees are payable out of the treasury, and certify such list to the auditor. Any dispute (before or after issuing the certificate) between the witness and the party against whom his claim is made, as to its justice or amount, may, when the case is in a court or before a justice, be determined by such court or justice.(Code 1849, c. 176, §36; Code 1860, c. 176, §37; Code 1868, c. 130, §41; 1882, c. 160, §41; Code 1923, c. 130, §41.)
§18. To Whom Fees Charged; Services by Clerks and Sheriffs Without Fees.—The fees mentioned in this article shall be chargeable to the person at whose instance the service is performed; except that the fees for entering and certifying the attendance of witnesses, and proceedings to compel payment for such attendance, shall be charged to the party for whom the witness attended, and except also as follows: No clerk shall charge for taking bond from, administering oaths to, or copying orders as to the appointment or qualification of any county, school or district officer, or for filing the bonds or oaths of any such officer, nor for making or copying orders as to county levies or grand juries and administering the necessary oaths. No sheriff shall charge for serving such or any other public orders nor for summoning and impaneling grand juries. No clerk or sheriff shall receive payment out of the treasury for any service rendered in case of the State, except where it is allowed by law.(Code 1849, c. 184, §§13-16; Code 1860, c. 184, §§15-18; 1866, c. 8, §16; Code 1868, c. 137, §§12-15; 1872-3, c. 10, §§16-19, c. 51, §13; 1882, c. 129, §24; Code 1923, c. 137, §24.)
§19. Fee Books of Clerks.—Every clerk of a court shall keep a fee book, wherein shall be entered the fees for every service performed by him, and the fact of such fees having been paid, or of a bill having been made out therefor, whichever shall happen first. The fee books of a clerk shall be submitted to the inspection of commissioners appointed to examine the clerk’s office.(Code 1849, c. 184, §17; Code 1860, c. 184, §19; Code 1868, c. 137, §16; 1872-3, c. 10, §20, c. 51, §14; 1882, c. 129, §25; Code 1923, c. 137, §25.)
§20. Making Out Fee Bills; Motion to Quash Improper Fee Bill; Prepayment of Fees.—No person shall be compelled to pay any fees before mentioned due to an officer, until there be produced to him a fee bill signed by the officer to whom the fees are due, expressing particulars for which such fees are charged. And no such fee bill shall be made out for any service not previously performed, except as hereinafter provided, unless a person desire to pay before such performance, in which case there shall be mentioned in such fee bill the nature of the service and the fact that it is to be performed. Nor shall an officer, for any service, make out a fee bill for more than is allowed therefor. Nor shall he, for the same service, attempt to obtain payment a second time; nor ever make out a fee bill a second time, unless he indorse the fact that the fee bill made out is a second fee bill and swear that the former bill remains unpaid. For each item in which an officer shall violate this section, he shall forfeit five dollars to any person prosecuting therefor, and the circuit court of the county in which an officer resides may on motion, after reasonable notice to him, quash any fee bill made out by him contrary to law. But any officer may demand his fees in advance for any particular service required to be performed by him for any person not residing in his county, and if such fees be not paid or secured to him, the officer may refuse to perform the service until they are paid or secured. In such cases, the fee bill shall state the nature of the service, and that it is to be performed.(Code 1849, c. 184, §18; Code 1860, c. 184, §20; Code 1868, c. 137, §17; 1872-3, c. 10, §21, c. 51, §15; 1875, c. 71, §15; 1877, c. 61, §1; 1882, c. 129, §26; Code 1923, c. 137, §26.)
Revisers’ Note. —The words near the beginning of the section, “due to an officer,” are new. The words near the middle of the section, “that the fee bill made out is a second fee bill,” are new.
§21. Fee Bills of County Clerk.—The clerk of the county court may make out tickets for his fees and place them in the hands of the sheriff, or other officer, to be collected and accounted for in the same manner that the fees of the clerk of the circuit court are collected and accounted for. The clerk of the county court shall be subject to the same penalties as the clerk of the circuit court for issuing fee bills wrongfully.(Code 1849, c. 35, §88; Code 1860, c. 35, §94; 1863, c. 118, §93; Code 1868, c. 29, §88; 1875, c. 54, §88; 1879, c. 73, §88; 1881, c. 12, §88; 1904, c. 4, §124; 1905, c. 35, §124; Code 1923, c. 29, §124.)
§22. Duties of Successor of Deceased Clerk With Reference to Fee Books and Fee Bills.—When a clerk dies, his successor shall charge in the fee books of the clerk’s office such lawful fees as do not appear to have been charged therein for services performed by the decedent, and make out fee bills for such fees, and also for any fees charged on such books by the decedent for which he does not appear to have made out fee bills in his lifetime; except that such of those as appear to such successor to be for more than is allowed by law shall be reduced by him so far as, in his judgment, is necessary to make them legal.(Code 1849 c. 184, §19; Code 1860, c. 184, §21; Code 1868 c. 137, §18; 1872-3, c. 10, §22, c. 51, §16; 1882 c. 129, §27; Code 1923, c. 137, §27.)
§23. Requisites and Effect of Fee Bills for Services of Deceased Clerk.—The fee bills made out under the preceding section shall show on their face that they are for fees due the decedent, shall be signed by his successor, and shall have the same force and effect and shall be dealt with by all officers as if they were for fees accruing for services performed by such successor. All fee bills made out by such deceased clerk in his lifetime shall go to the custody of his successor and shall be dealt with by him and all officers as if they were fee bills made out by him for his own services(Code 1849, c. 184, §20; Code 1860, c. 184, §22 Code 1868, c. 137, §19; 1872-3, c. 10, §23, c. 51 §17; 1882, c. 129, §28; Code 1923, c. 137, §28.)
Revisers’ Note. —All of this section following the word “successor” first occurring is new. It is substituted for the provisions in §28, c. 137, Code 1923, based on the theory, true prior to Acts 1915, c, 83, that fees due a deceased clerk were assets of his personal estate.
§24. Collection of Fees; Receipt.—Every officer mentioned in this article shall, on or before the first day of July in any year, deliver fee bills for all fees then due and unpaid, duly signed, to any sheriff or collector of the public taxes, who shall receive and endeavor to collect the same. A sheriff or collector may distrain therefor, or for any fee bills due himself, such property of the person to whom the fees are charged as might be levied on under a writ of fieri facias against him, except as hereinafter mentioned, and the fourteenth, fifteenth and sixteenth sections of article nine, chapter eleven of this Code shall apply to such fee bills in like manner as to taxes. Every such officer shall deliver to each person who pays him, or from whose property he makes such fees, a receipt for all that is so paid or made.(Code 1849, c. 49, §32, c. 184, §21; Code 1860, c. 49, §31, c. 184, §24; Code 1868, c. 41, §17, c. 137, §20; 1872-3, c. 10, §24, c. 51, §18; 1881, c. 19, §17; 1882, c. 129, §29; Code 1923, c. 41, §17, c. 137, §29.)
Revisers’ Note.—The words “or the personal representative of a deceased clerk,” near the beginning of §29, c. 137, Code 1923, are omitted. The first sentence is redrafted so as to require fee bills for all fees due and unpaid to be delivered to an officer for collection on or before the first day of July in each year. The statute heretofore has been merely permissive in this respect. The change is made in view of the fact that such fees no longer belong to the officer for whom they are collected, but are public funds. The reference in said §29 to the 12th, 13th and 14th sections of c. 30 of the Code is the same as in the corresponding section (§20) of c. 137, Code 1868, but the sections which had those numbers in Code 1868 appear as §§15, 16 and 17, c. 30, in Code 1923. Hence the reference in Code 1923 to §§12, 13 and 14, c. 30, is misleading, although entirely correct in 1882 when said §29 was last amended, but when c. 30 was amended in 1904, those sections became §§15, 16 and 17. The reference in the revised section is to the corresponding sections. The last sentence includes the portion of §17, c. 41, Code 1923, relating to fees. The rest of said §17 is in art. 9, c. 11.
§25. Accounting for Fees.—Every sheriff or collector to whom such fee bills are so delivered shall, on or before the first day of July next after such delivery, account therefor with the officer entitled thereto by returning such as he may not have collected, with the indorsement thereon of the words “No property found,” and by paying to such officer or his legal successor the amount of all not so returned. If he fail so to do, judgment may be obtained, on motion, against such sheriff or collector, and his sureties, and his and their personal representatives, for the amount with which such sheriff or collector is chargeable, and damages thereon, not exceeding fifteen per cent per annum, from said first day of July of until payment. Such judgment may be on motion in the circuit court of the county in which such sheriff or collector resides, and if the fees be due to the clerk of the supreme court of appeals, it may be in the circuit court of the county in which the seat of government may be. On such motion, any receipt for fees mentioned in the notice as signed by any person shall be deemed to be his signature unless an affidavit be filed denying it, and shall be prima facie evidence of the collection of all the fees mentioned therein, not returned as aforesaid.(Code 1849, c. 184, §22; Code 1860, c. 184, §25; Code 1868, c. 137, §21; 1872-3, c. 10, §25, c. 51, §19; 1882, c. 129, §30; Code 1923, c. 137, §30.)
Revisers’ Note. —The date for the accounting is changed from January to July, in order to correspond with the end of the fiscal year, in view of the fact that such fees are now public funds. After the word “officer” first occurring, the words “or the personal representative” are omitted. Near the end of the first sentence, the word “successor” is substituted for the word “representative.” In the second sentence, after the word “representatives,” the words “or against any deputy who may have signed the receipt for said fees, or his personal representative,” and after the word “collector” last occurring, the words “or deputy,” are omitted. These eliminations are made on the assumption that the sheriff or collector should be primarily responsible for such matters, as is true in analogous cases.
§26. Limitation on Distress or Suit for Collection of Fees.—No fee, when a fee bill has not been issued, shall be collected by distress or suit after ten years from the time when the service was done that is charged for therein; or, if a fee bill has been issued, after ten years from the time when the last fee bill was issued.(Code 1849, c. 184, §23; Code 1860, c. 184, §26; Code 1868, c. 137, §22; 1872-3, c. 10, §26, c. 51, §20; 1882, c. 129, §31; Code 1923, c. 137, §31.)
Revisers’ Note.—This section is a redraft of the first sentence of §31, c. 137, Code 1923. The object in the redraft is to make the limitation prescribed by this section analogous to that relating to judgments. The substance of the last sentence of said §31 is transferred to the end of §10 of this article.
§27. Lodging Fee Bills and Certificates in Clerk’s Office; Application of Costs to Payment Thereof; Prepayment or Security to Officer.—An officer or witness to whom, for fees or attendance, anything is due that is taxed in the costs for which there is judgment or decree, may, within ten days after such judgment or decree, lodge in the clerk’s office of the court wherein the same is rendered, his fee bills for such fees, or certificate for such attendance. The amount due each officer or witness, for what is so lodged, shall, within said ten days, be noted in the margin of the order or execution book, opposite the entry of the case. An officer or witness whose fees or certificate shall have been so noted shall be paid the same out of the costs, by the person against whom the judgment or decree is; and the right to such payment shall be valid against any assignee of the judgment or decree. When the clerk issues execution in such case, he shall indorse thereon how much of such costs is for each officer or witness whose fees or certificate may be so noted; and the officer collecting such costs shall pay the same accordingly to those entitled thereto. No officer mentioned in this chapter shall be obliged to perform services for any person out of his county, unless payment of his fees for such services be made or secured; nor to perform services for any person against whom he has had fee bills returned, which remain unsatisfied, unless he be secured payment of his fees for the services desired, or performance of such services be directed by a court.(Code 1849, c. 184, §24; Code 1860, c. 184, §§27, 28; Code 1868, c. 137, §23; 1872-3, c. 10, §§27, 28, c. 51, §21; 1882, c. 129, §32; Code 1923, c. 137, §32.)
Revisers’ Note.—After the word “shall,” near the beginning of the first sentence, the words “and the amount due the clerk himself for fees so included may” are omitted, as being pertinent only under the former law when fees belonged to the clerk. Near the beginning of the third sentence, the words “shall have been so noted” are substituted for “may be so noted.”
§28. Use and Disposition of Fees of Sheriffs, Clerks and Prosecuting Attorneys.—All fees, costs, percentages, penalties, commissions, allowances, compensation, income and all other perquisites of whatever kind which by law may now or hereafter be collected or received as compensation for services by any clerk of the county court, sheriff, clerk of the circuit court or of any court of limited jurisdiction, and prosecuting attorney, shall be collected and received by such officer for the sole use of the treasury of the county in which he is an officer, and shall be held as public moneys belonging to the county fund, and shall be accounted for and paid over as such in the manner hereinafter provided. Nothing in this article shall be construed to require any county officer to pay into the county treasury any fees earned prior to the twenty-first day of May, nineteen hundred and fifteen. Fees are held to be earned at the time the service is rendered and not at the time the matter is finally adjudicated.(1908, c. 15, §1; 1915, c. 83, §§1, 15; Code 1923, c. 137, §§34, 47.)
Revisers’ Note.—This section is a composite of §§34 and 47, c. 137, Code 1923. In the first sentence, the words “or of any court of limited jurisdiction” are substituted for the words “or clerk of the circuit and criminal or intermediate court”; and the words “is an officer,” for the words “is located.” In the second sentence, “article” is substituted for “act,” and “prior to the twenty-first day of May, nineteen hundred and fifteen,” for “prior to the time this act goes into effect.”
§29. Collection of Such Fees.—Each clerk of the county court, sheriff, clerk of the circuit court or of any court of limited jurisdiction and prosecuting attorney shall have charge of and collect the fees, costs, percentages, penalities, commissions, allowances, compensation, income and all other perquisites of whatever kind which are now or may hereafter be allowed by law. Whenever there remain due the county and unpaid, for a period of more than six months, any fees, costs, percentages, penalties, commissions, allowances, compensation, income or any other perquisites of any kind, it shall be the duty of the county court, or other tribunal in lieu thereof, by the prosecuting attorney, to proceed to the collection thereof in the circuit court, upon motion, whereof the defendant and the sureties on his bond shall have at least twenty days’ notice, or in any other manner provided for by law, and the amount so collected shall be paid into the county treasury to the credit of the general county fund.(1908, c. 15, §2; 1915, c. 83, §2; Code 1923, c. 137, §35.)
Revisers’ Note.—The words “or of any court of limited jurisdiction,” near the beginning of the section, are substituted for “or clerk of the circuit and criminal or intermediate courts.”
§30. Books of Account to be Kept by Officers.—Each of the officers named in the preceding section shall keep full and regular accounts, subject at all times to the examination of the county court, or tribunal in lieu thereof, the state tax commissioner or any individual, of all sums charged or collected by such officers on account of official fees, costs, percentages, penalties, commissions, allowances, compensation, income and all other perquisites of whatever kind, and such book of accounts shall be a part of the records of the respective offices herein named belonging to the county, and shall be transmitted by each county officer to his successor in office. The system of books and accounts to be kept by the officers herein named shall be prescribed by the state tax commissioner, ex officio inspector and supervisor of public offices.(1908, c. 15, §§3, 4; 1915, c. 83, §3; Code 1923, c. 137, §36.)
Revisers’ Note.—At the beginning of the section, the words “named in the preceding section” are substituted for “herein named.” At the end of the section, the words “under the provisions of chapter thirty-three, acts one thousand nine hundred and eight,” are omitted as superfluous.
§31. Monthly Payments; How Credited.—Each of the officers named in section twenty-nine of this article shall at the end of each month pay into the county treasury all fees, costs, percentages, penalties, commissions, compensation, income and all other perquisites of whatever kind collected by his office during such month, which moneys shall be credited to the general county fund.(1908, c. 15, §4; 1915, c. 83, §4; Code 1923, c. 137, §37.)
Revisers’ Note.—At the beginning of the section, the words “named in §29 of this article” are substituted for “herein named.”
§32. Reduction or Remission of Fees Prohibited; Penalty for Default in Payment.—None of the officers named in section twenty-nine of this article shall be authorized to make any reduction, abatement or remission of any of the fees, costs, percentages, penalties, commissions, allowances, compensation, income or any other perquisites of whatever kind that it may be their duty to charge and collect. If any such officer shall willfully make default in the payment of fees, costs, percentages, penalties, commissions, allowances, compensation, income or any other perquisites of whatever kind received and collected by him, for a period longer than ten days after the end of the month during which the same were collected, he shall be guilty of a misdemeanor, and, upon conviction thereof, shall be fined not more than five hundred dollars, and in the discretion of the court may be imprisoned not more than thirty days, and may be removed from his office, and he and the sureties on his bond shall be liable for any and all such moneys collected. If any such officer shall fail to pay such fees, costs, percentages, penalties, commissions, allowances, compensation, income or any other perquisites of whatever kind, to the treasurer of his county, and shall appropriate the same for his own use, or shall fail to pay over such fees, costs, percentages, penalties, commissions, allowances, compensation, income or any other perquisites of whatever kind, within thirty days after demand has been made upon him by the county court of his county, or tribunal in lieu thereof, or prosecuting attorney, he shall be guilty of embezzlement, and, upon conviction thereof, shall be confined in the penitentiary not less than one nor more than five years, and shall forfeit his office; and if any deputy or assistant of any such officer shall appropriate to his own use any fees, costs, percentages, penalties, commissions, allowances, compensation, income or any other perquisites of whatever kind, or fail to pay the same within thirty days after demand has been made upon him by the county court, or tribunal created in lieu thereof, or prosecuting attorney of his county, he shall be guilty of embezzlement, and, upon conviction, be confined in the penitentiary not less than one nor more than five years.(1908, c. 15, §5; 1915, c. 83, §5; Code 1923, c. 137, §38.)
Revisers’ Note. —The following substitutions are made: At the beginning of the section, “section twenty-nine of this article” for “this act”; and in different parts of the section, “such officer” for “officer named in this act.”
§33. Deposit for Costs.—When any action at law, suit in equity or other proceedings is instituted, the clerk of the court wherein the same is instituted shall require from the plaintiff a reasonable deposit of money for the services to be performed by himself, or any other officer named in this article: Provided, however, That such clerk shall not be required to pay any part of such deposit to any officer (other than himself) for any services to be performed, unless he is directed so to do by the plaintiff at the time such deposit is made. The action, cause or proceeding wherein any deposit is made shall be credited therewith, and there shall be charged against such deposit all payments made by the clerk to any other such officer for services performed by the latter; and at the end of the month such clerk shall be required to pay into the county treasury such part of the deposit as has been earned by services performed by him or by any other officer whose services he has been directed by the plaintiff to pay. Upon the appearance of any defendant to any action at law (other than criminal cases), suit in equity or other proceeding, such defendant shall likewise be required to deposit with the clerk a reasonable amount, and the same shall be applied and accounted for in like manner as a deposit made by the plaintiff or petitioner. After demand by the clerk for deposit provided for in this section he shall not be required to perform any service until the demand is complied with, unless affidavit is filed as provided for by section one, article two of this chapter.(1915, c. 83, §7; Code 1923, c. 137, §39.)
Revisers’ Note.—The following substitutions are made: Near the beginning of the section, “article” for “act”; at the end of the section, “section one, article two of this chapter” for “section six of this act.”
§34. Charges for Publications; General Provisions Relating to Publications.—The price for publishing all advertisements and publications required to be made by law, or by the order of a court in any cause or proceeding therein, or by any provision of a deed of trust, or where any publication is made pursuant to law, shall not exceed two cents for each word for the first insertion, and one cent a word for each subsequent insertion required to be made: Provided, That for a notice to take depositions, notice to creditors, notice of receiving bids on public contracts, notice of the dissolution of a corporation, and an order of publication, published less than four insertions, the rate shall be not more than five cents for each word for whatever number of insertions, less than four, that may be required to be made.
In computing the number of words in a legal advertisement, not set solid, the basis shall be upon the size of type in which legal advertising is usually set by the newspaper making the publication, and shall be computed at the legal rate as though the matter was solid type, that is to say, on the basis of eighty-four words to the column inch in six point type and fifty-four words to the column inch in eight point type, and any other size type in proportion.
If no newspaper in the county in which such publication should be made will insert the same for the times required, or for the price aforesaid, then the notice or advertisement may be published in a newspaper of general circulation in such county published in another county. If the publication is to be made in any case or proceeding in court, the court shall designate the newspaper in such other county; and if the publication is not to be made in a case or proceeding in court, the newspaper shall be selected by the person at whose instance it is to be made, or his agent; and when the notice published is an advertisement of a sale of property, the notice shall be posted, by the person or persons whose duty it is to place the advertisement for publication, at the front door of the courthouse of the county in which the sale is to be made, at least three weeks prior to the time fixed for making the sale, and copies of such notice shall be posted in at least four other public places in such county at the same time.
In case of any publication made by the order of a court, in any case or proceeding therein, or by any provision of a deed of trust, the price paid shall be taxed in the bill of costs, and the newspaper making any such publications herein last mentioned, and in all other cases wherein legal publications are made as herein provided if required by the party or parties placing any such advertisement, shall make and furnish, under oath, a certificate of publication of each advertisement so published, showing the number of times it was inserted in such newspaper, the dates of the first and last insertions thereof, and the amount of costs for such publication, as required by this section. Any posting of any such advertisement at the front door of the courthouse, when so required, shall be done by the publisher of the newspaper in which the publication was published, and in such cases the certificate of publication herein provided for shall state that the advertisement was posted at the front door of the courthouse. In cases where any such notices are not published by a newspaper, the certificates and affidavits herein provided for shall be made by the party who would place the advertising with the newspaper had it been published by such newspaper.
All advertisements required to be made by the State of West Virginia, or any county, district, school district, city, town or village, or any political subdivision thereof or levying body, shall be published in a daily, tri-weekly, semi-weekly, or weekly newspaper or newspapers, as the case may be, of general circulation in the county wherein the publication is to be made, and representing one or both of the two major political parties in such county, and which shall have been published continuously at least once a week for a period of one year at the time of placing such legal advertising, and at a printing and publishing plant located in this State and capable of printing and publishing a weekly newspaper of general circulation and owned by the owner of such newspaper, except and unless there be no newspaper in that county affiliated with one of the two major political parties: Provided, That where any such newspaper succeeds to the field of a former established newspaper, it shall be eligible to publish such legal advertising from its inception.
Any citizen, taxpayer, or the owner or publisher of any newspaper entitled by law to have any publication made in his newspaper, which any county court or tribunal created in lieu thereof, board of education, council of a municipal corporation, or public officer, shall fail or refuse to make, may have a writ of mandamus to compel the making of such publication; provided the newspaper is willing to accept the price prescribed therefor by law.(Code 1849, c. 185, §15; Code 1860, c. 185, §15; 1867, c. 85; Code 1868, c. 138, §15; 1882, c. 146, §15; 1921, c. 95, §15; Code 1923, c. 138, §15.)
Revisers’ Note. —This section comprises the first portion of §15, c. 138, Code 1923. Not infrequently publishers in applying the word rate count each figure as a separate word and collect excess charges. To avoid this abuse, as well as to follow the universal standard in fixing charges for advertising, the rate is based upon the printer’s inch, consisting of fourteen agate lines of the usual column width. The rates above prescribed are slightly lower than those formerly provided in said §15, but we still feel they are inexcusably excessive. Probably more than one-half of the moneys paid under these rates come out of the public tax funds and more than three-fourths of the remainder is paid by persons in financial distress whose properties are liquidated in court proceedings.
Committee’s Note. —In the revisers’ report, the only part of §15, c. 138, Code 1923, retained in the above section was the provision relating to charges for publications. The provisions of said §15 relating to publications outside of the county and compelling publication by mandamus were transferred to art. 10, c. 56. The committee, however, deems it advisable to group in one section all general provisions relating to publications, and has redrafted said §15 accordingly, with numerous changes. The proviso in the first paragraph and the entire second paragraph are new. The third paragraph is inserted substantially as redrafted by the revisers, and eliminates the provision of said §15 requiring posting of the notice in addition to publication, except where the notice advertises a sale of property, and also eliminates the provision requiring the mailing of copies of the notice to interested parties. The fourth paragraph is an enlargement of the last sentence of the first paragraph of said §15. The fifth paragraph is new, and the last paragraph is the last paragraph of said §15.
§35. Supervision by Chief Inspector of Public Offices.—If, upon any examination made under authority of article nine, chapter six of this Code, it is disclosed that the provisions of this article are not being complied with, the chief inspector and supervisor of public offices shall have authority to institute or cause to be instituted the necessary proceedings to enforce the provisions of this article. All books, records, blanks, forms, and forms for verifications, required to carry out the provisions of this article, shall be prescribed by the chief inspector. If any person shall swear falsely in any verification required under this article, he shall be guilty of false swearing, and, upon conviction thereof, shall be punished as provided by law for such offense, and by forfeiture of his office.(1915, c. 83, §18; Code 1923, c. 137, §50.)
Article 2. Costs Generally.
§1. Suits by Poor Persons.—A poor person may be allowed by a court to sue or defend a suit therein without paying fees, or costs, whereupon he shall have from any counsel which the court may assign him and from all officers, all needful services and process, and also the assistance of witnesses, without any fees to them therefor, except what may be included in the costs recoverable from the opposite party. A poor person, within the meaning of this section, shall be one who shall make and file in the court, or with the officer whose services may be demanded or required, an affidavit stating that he is pecuniarily unable to pay fees or costs, or counsel fees, and upon the filing of such affidavit in court or with any officer, then such officer shall perform any services required by law to be performed by him, as if the legal fees for such services had been paid. If any person shall swear falsely in such affidavit, and shall represent himself to be a poor person within the meaning of this article, when in fact he is pecuniarily able to pay the fees fixed by law, or to pay reasonable counsel fees, in any suit or action wherein he is a party, he shall be guilty of false swearing, and, upon conviction thereof, shall be punished as provided by law for such offense.(Code 1849. c. 185, §1; Code 1860, c. 185, §1; Code 1868, c. 138, §1; 1882, c. 146, §1: 1915, c. 83, §6; Code 1923, c. 138, §1.)
Revisers’ Note.—The words “from any counsel which the court may assign him,” near the beginning of the section, are new. These words, included in §1, c. 146, Acts 1882, were omitted from §6, c. 83, Acts 1915 (Code 1923, c. 138, §1). However, the language of the latter section at least implies that services of counsel are still to be included within its terms. Hence it is deemed advisable to make the intent of the statute explicit. Near the middle of the section, after “officer,” the words “named in this act” are omitted. At the end of the section the words “and shall be ineligible for any position of honor or trust of public service,” are omitted in view of the fact that their constitutionality may be questioned under State v. Edwards, 95 W. Va. 599.
§2. Security by Nonresidents for Costs.—In any suit (except where such poor person is plaintiff) there may be a suggestion on the record in court, or if the case be at rules, on the rule docket, by a defendant or any officer of the court, that the plaintiff is not a resident of this State, and that security is required of him. After sixty days from such suggestion, the suit shall by order of the court be dismissed, unless before the dismission the plaintiff be proved to be a resident of the State, or security be given before such court, or the clerk thereof, for payment of the costs which may be awarded to the defendant, in the trial court and in all appellate courts, and of the fees due, or to become due, in such suit, to the officers of any such court or courts. The security shall be by bond payable to the State; and there need be only one obligor therein, if he be sufficient, but, unless the obligor be a surety corporation or bonding corporation which has complied with the laws of this State for the purpose of doing business therein, at least one of the obligors shall be a resident of this State. The court before whose clerk such bond is given may, on motion by a defendant or officer, give judgment for so much as he is entitled to by virtue of such bond.(Code 1849, c. 185, §2; Code 1860, c. 185, §2; Code 1868, c. 138, §2; 1875, c. 78, §2; 1882, c. 146, §2; Code 1923, c. 138, §2.)
Revisers’ Note.—Near the end of the second sentence, the words “in the trial court and in all appellate courts,” and the words at the end of the sentence “any such court or courts,” are new. These additional provisions are intended to make the bond apply to costs and fees in appellate courts, which has not heretofore been the effect of the statute. See Bailey v. McCormick, 22 W. Va. 95. The conclusion of the third sentence, after the word “sufficient,” is new.
§3. New Bond.—On motion of an obligor in such bond, after reasonable notice to the plaintiff, his attorney or agent, the court may order a new bond to be given, with sufficient security, conforming to all the requirements of the preceding section, in a penalty equal to the penalty of the former bond. If the bond required under this section be not given within such time as the court may prescribe, it may order the suit to be dismissed. If such new bond be given, the surety in the former one shall be relieved from any liability he might have incurred because of having executed or acknowledged the same. After the notice has been given to the plaintiff, his attorney or agent, no further proceedings shall be had in such cause, until such new bond is given with sufficient security, or a sufficient excuse is given for not executing the same.(Code 1849, c. 185, §3; Code 1860, c. 185, §3; Code 1868, c. 138, §3; 1875, c. 78, §3; 1882, c. 146, §3; Code 1923, c. 138, §3.)
Revisers’ Note.—The words near the end of the first sentence, “conforming to all the requirements of the preceding section,” are new.
§4. Costs on Motions and Interlocutory Proceedings.—Upon any motion (other than for a judgment for money), or upon any interlocutory order or proceeding, the court may give or refuse costs, at its discretion, unless it be otherwise provided. It may, when a demurrer is sustained to a plea in abatement, give judgment for the plaintiff for his full costs to the time of sustaining it; and when any other part of the proceedings is adjudged insufficient, it may order all costs occasioned by such insufficiency to be paid by him who committed the fault.(Code 1849, c. 185, §4; Code 1860, c. 185, §4; Code 1868, c. 138, §4; 1882, c. 146, §4; Code 1923, c. 138, §4.)
Revisers’ Note.—The words in parentheses, “judgment of money,” are changed to “judgment for money.” Near the end of the section, the words “when any other part of the proceedings is adjudged insufficient, it may order all costs occasioned by such insufficiency” are substituted for “when any part of the proceedings is adjudged insufficient, order all costs occasioned by such insufficient pleading.”
§5. Payment of Costs on Granting of New Trial or Continuance.—New trials may be granted upon the payment of costs, or with the costs to abide the event of the suit, as to the court may seem right. If the party who is to pay the costs of the former trial fail to pay the same at or before the next term after the new trial is granted, the court may, on the motion of the opposite party, set aside the order granting it and proceed to judgment on the verdict, or award execution for such costs, as may seem to it best. Where a case is continued at the costs of a party against the consent of the opposite party, the court may, in its discretion, award an execution for the costs of such continuance.(Code 1849, c. 185, §5; Code 1860, c. 185, §5; Code 1868, c. 138, §5; 1882, c. 146, §6; Code 1923, c. 138, §5.)
Revisers’ Note.—“Trial,” near the beginning of the second sentence, is changed from the plural.
§6. Where Recovery of Damages Less Than Fifty Dollars in Actions Ex Delicto.—In any personal action not on contract, which might be brought and prosecuted to judgment in a justice’s court, if a verdict be found for the plaintiff, on an issue or otherwise, for less damages than fifty dollars, he shall not recover, in respect to such verdict, any costs, unless the court enter of record that the object of the action was to try a right besides the mere right to recover damages for the trespass or grievance in respect of which the action was brought, or that the said trespass or grievance was willful or malicious.(Code 1849, c. 185, §6; Code 1860, c. 185, §6; Code 1868, c. 138, §6; 1882, c. 146, §6; Code 1923, c. 138, §6.)
§7. Judgment Where Recovery is Fifty Dollars or Less in Action Ex Contractu.—In any personal action on contract instituted in a court of record, wherein it is ascertained that not more is due the plaintiff than fifty dollars, exclusive of interest, judgment shall be given for the defendant, unless the court enter of record that the matter in controversy was of greater value than fifty dollars, exclusive of interest; in which case it may give judgment for the plaintiff for what is ascertained to be due him, with or without costs, as to it may seem right.(Code 1849, c. 185, §7; Code 1860, c. 185, §7; Code 1868, c. 138, §7; 1882, c. 146, §7; Code 1923, c. 138, §7.)
Revisers’ Note.—The words near the beginning of the section, “instituted in a court of record,” are new.
§8. Costs on Final Judgment; Judgment For, or Discontinuance as to, Some of Defendants.—Except where it is otherwise provided, the party for whom final judgment is given in any action, or in a motion for judgment for money, whether he be plaintiff or defendant, shall recover his costs against the opposite party; and when the action is against two or more, and there is judgment for or discontinuance as to some but not all of the defendants, those for whom there is judgment, or as to whom there is such discontinuance, shall recover their costs.(Code 1849, c. 185, §8; Code 1860, c. 185, §8; Code 1868, c. 138, §8; 1882, c. 146, §8; Code 1923, c. 138, §8.)
Revisers’ Note.—Prior to the revision, defendants for whom there was judgment, or as to whom there was a discontinuance, under this section were not entitled to recover costs when the court entered of record that there was reasonable cause for making them defendants. No reason is perceived why a plaintiff should not be absolutely liable for costs in such cases, and the section is changed accordingly.
§9. Costs When Original Papers or Record Replaced.—For replacing the original papers in any cause, or the record in an appellate court, or supplying papers lost in cases decided, the costs and expenses shall be ascertained under the direction of the court, and adjudged against any party or parties in the cause, or divided among them as the court may, in its discretion, determine to be equitable; and so, also, when new pleadings are ordered.(1863, c. 37, §6; Code 1868, c. 130, §16; 1882, c. 160, §16; Code 1923, c. 130, §16.)
Revisers’ Note.—This section comprises the last sentence of §16, c. 130, Code 1923. The first sentence, dealing with compensation to be paid the clerk, is omitted, in view of the fact that the present law substitutes a salary for such methods of compensation. The second sentence, prescribing fees to be paid when writings are recorded anew, is incorporated in §10, art. 1 of this chapter.
§10. Suit by One Person for Benefit of Another.—When a suit is in the name of one person for the benefit of any other, if there be a judgment for the defendant’s costs, it shall be against such other.(Code 1849, c. 185, §9; Code 1860, c. 185, §9; Code 1868, c. 138, §9; 1882, c. 146, §9; Code 1923, c. 138, §9.)
§11. Laws as to Costs Not Deemed Penal; Discretion of Court of Equity as to Costs; Costs in Appellate Courts.—The laws of costs shall not be interpreted as penal laws; nor shall anything in this article take away or abridge the discretion of a court of equity over the subject of costs, except that in every case in an appellate court costs shall be recovered in such court by the party substantially prevailing.(Code 1849, c. 185, §§10, 11; Code 1860, c. 185, §§10, 11; Code 1868, c. 138, §§10, 11; 1882, c. 146, §§10, 11; Code 1923, c. 138, §§10, 11.)
Revisers’ Note.—This section is a composite of §§10 and 11, c. 138, Code 1923.
§12. Costs When Case Dismissed for Want of Jurisdiction.—In any instance where a case, an appeal, writ of error or supersedeas shall be dismissed for want of jurisdiction, the court shall render judgment against the party who improperly invoked the jurisdiction of the court for all costs, whether accruing in the trial court or in any appellate court, which result from such wrongful invoking of the jurisdiction, provided they be otherwise properly chargeable against him.
Revisers’ Note.—This section is new. It is intended to change the rule announced in Bice v. Boothsville Telephone Co., 62 W. Va. 521.
§13. Taxation of Costs.—The clerk of a court wherein a party recovers costs shall tax the same.(Code 1849, c. 185, §12; Code 1860, c. 185, §12; Code 1868, c. 138, §12; 1882, c. 146, §12; Code 1923, c. 138, §12.)
§14. Taxation of Statute Fees.—He shall include in the costs to the prevailing party:
(a) In an action at law, not less than two and a half nor more than ten dollars, as the court may prescribe;
(b) In a chancery cause, not less than fifteen nor more than twenty dollars, as the court may prescribe;
(c) To the party prevailing in the supreme court of appeals, thirty dollars;
(d) In civil cases in any court of record of limited jurisdiction, the same fees as are allowed in a circuit court for like cases.(Code 1849, c. 185, §13; Code 1860, c. 185, §13; Code 1868, c. 138, §13; 1877, c. 72, §13; 1882, c. 146, §13; Code 1923, c. 138, §13.)
Revisers’ Note.—The words “supreme court of appeals” is substituted for “court of appeals,” and “any court of record of limited jurisdiction” for “a municipal court.”
§15. General Taxation of Costs.—The clerk shall tax in the costs all fees of officers, or other persons properly acting in lieu of officers, which the said party appears to be chargeable with, in the case wherein the recovery is, except that where, in any court on the same side, more than one copy of anything is obtained or taken out, in which may be included a copy of any pleading in a pending case, there shall be taxed only the fee for one copy of the same thing. He shall also tax fifty cents for each legal notice from such party therein, served in this State, and not otherwise taxed; the costs of executing any order of publication made in the case for such party and of any advertisement from him in the case, made in pursuance of law; and the allowances to his witnesses, and every further sum which the court may deem reasonable and direct to be taxed for depositions, taken in or out of the State, or for any other matter.(Code 1849, c. 185, §15; Code 1860, c. 185, §15; Code 1868, c. 138, §14; 1882, c. 146, §14; Code 1923, c. 138, §14.)
Revisers’ Note.—The words near the beginning of the section, “or other persons properly acting in lieu of officers,” are new. All of the last sentence following the first semicolon, taken substantially from §3535, Code Va. 1919, is new. It covers the provisions in the last sentence of the first paragraph of §15, c. 138, Code 1923, relating to taxation of costs of publication.
§16. Taxation of Costs for Witnesses; Entry After Execution or Adjournment; Assignment or Transfer of Costs.—The court may restrict the taxation in the costs for witnesses to so many as may be deemed just. No entry for a witness shall be made against a party recovering costs after execution has issued for such party; and in no case shall there be an entry of a witness for attendance at a term of court after the adjournment of such term. No assignment or transfer of any costs, expenses or fees payable out of the state treasury shall be valid unless the same be in writing, indorsed on or annexed to the voucher issued therefor, signed by the person entitled thereto and duly acknowledged before an officer authorized by law to take acknowledgments of deeds or other writings, or attested by two witnesses who shall state their respective names and post-office addresses.(Code 1849, c. 176, §37; Code 1860, c. 176, §38; Code 1868, c. 130, §42; 1882, c. 160, §42; 1891, c. 84, §42; 1895, c. 12, §42; Code 1923, c. 130, §42.)
§17. Fees of Prosecuting Attorney.—The clerk shall include in the costs, for fees of the prosecuting attorney, the following:
(a) In cases of misdemeanor, or an action upon a bond for a violation of the license laws, ten dollars;
(b) In a case of bastardy, ten dollars;
(c) In a suit or proceeding upon a forfeited recognizance upon behalf of the State, five per cent upon the amount recovered and paid into the treasury;
(d) In cases of felony, thirty dollars;
(e) In any other case of the State, if a different fee is not prescribed, ten dollars.
Such fees shall be collected and accounted for as provided in article one of this chapter, but shall not in any case be paid out of the county or state treasury.(Code 1868, c. 138, §16; 1877, c. 72, §16; 1882, c. 146, §16; Code 1923, c. 138, §16.)
Revisers’ Note.—The first part of the last sentence is new.
§18. Judgment or Decree on Behalf of State for Costs.—In a case wherein there is judgment or decree on behalf of the State for costs, there shall be taxed in the costs the charge actually incurred to give any notice, although it be more than fifty cents and mileage, and the fees of attorneys and other officers for services, and allowances for attendance, as if such fees and allowances were payable out of the treasury. What is so taxed for fees of, or allowance to, any person shall be collected, paid over and accounted for according to law.(Code 1849, c. 185, §17; Code 1860, c. 185, §17; Code 1868, c. 138, §17; 1882, c. 146, §17; Code 1923 c. 138, §17.)
Revisers’ Note.—The provisions of the last sentence requiring the sheriff to pay over fees collected to officers, in view of Acts 1915, c. 83, confining the compensation of officers to prescribed salaries, are eliminated, and the words “collected, paid over and accounted for according to law” are added.
§19. Premiums on Surety Company Bonds.—The clerk or justice shall include in the costs of all actions, suits or proceedings, and the party entitled to recover costs may recover as part thereof, such sum as may have been paid by such party to a company, authorized under the laws of this State so to do, for executing or guaranteeing any bond, undertaking, or obligation therein, not exceeding, however, one-third of one per cent per annum on the amount of such bond or obligation.(1901, c. 18, §1; Code 1923, c. 87, §17a.)
Revisers’ Note.—The above is the latter part of §1, c. 18, Acts 1901, which appears as §17a, c. 87, Code 1923. For the rest of said §17a, see §14, art. 4, c. 44.