The Empire County argus., 1855-01-06
Correspondence of the Argus.
WORK FOR THE LEGISLATURE.

CoLoMA, jan D, 1880
Mr. ARGUS Il have seen going the rounds of
the newspapers many valuable suggestions of
change and improvement in our State Laws under
the above head But there is one law, the passage
of which | have advocated before the people for
the last three years that deem deserves more
than passing notice. and deserves the immediate
attention of the present Legislature, one of every
day pecuniary interest to the people. l mean
law to reduce fees in office. In this communica-
ton shall attempt to prove by statement of facts
that law should be Immediately enacted specify
ing every service for which fees shall be allowed,
and forbidding charge for any other services than
such as are so specified thereby repeating abro
eating as a matter Of course that omnibus section
(33,) page 72S, compiled laws which is made the
scape goat of every doubtful charge in officers
fee bill. AS special cases often forcby illustrate
or prove general propositions, | will pursue that
course in the present instance remarking however,
that as far as am informed the first bill give is
equally applicable to all like cases arising within
this County In the District Court for this County,
in suit wherein c. plaintiff and K and A.
were defendants, the following was the Clerks fee
bill upon what we term the first issuance of papers,
to wit Judges fee $500 fling three papers $3.50;
to certificates of fling same $500; copy of COM
paint and certificate of same $3.50; summons and
copy $3.50; copy of appointment of receiver and
certificate of same $3.50; appearance and entry
$500; copy of amended complaint, order and GER
tfcate $3.50 writ of Injunction $3.50; filing four
papers $500 three certificates of fling same So 90;
total S36l0 paid by plaintiff under the statute
requiring fees to be paid in advance of services.
Upon final Judgment the Clerk taxed against the
defendant as his additional fees, the following bill,
to wit Entry calendar 81 ,O0 one motion Sl00;
one order 81 90; swearing jury Sl00; swearing
sixteen witnesses $500; entering verdict Sl,00;
taxing costs 81 l,00 filing seventeen papers $3.50:
twelve certificates of same $1,000; six subp9nas
$500; one affidavit Sl,OO; two appearances $500;
COPY of order to take depostions So 10; taking de-
position of one witness IS, S,25 entering judgment,
six folios, $780, copy of judgment and certificate
So 90; satisfaction of execution and index 5000
making SS2 IS, to which add issuance fees, S36 10;
total Clerks fees Sll8S5. Sherf's fees, same
case service of summons and twelve miles travel,
viz: from Coloma to Placerville, $4,000 serving
amended complaint upon defendants attorney
$3.50 serving order to show cause why an in
junction should not issue $780, serving at the
same time temporary INDUCTION $3.50 total S7450.
Total Clerks and Sherff's cost up to issuing
cution Sl93,35. In addition to the above there is
jury fee of $240O witness fess $500 per day and
$3.50 per mile travel, beside cost of serving subpoc-
mas, and the whole capped with an attorneys fee of
$4,000 After issuance of an execution we find the
following accruing costs in every case where levy
&C. is made, to wit: $500 for making levy; $3.50
per mile travel in making same; advertising prop
erty for sale $500 and $3.50 per mile for posting
notices, For making the money upon the execu-
ton per cent for the first five thousand dollars,
for all above that sum 8 per cent
In the transaction of business in the Court of
Sessions the Clerk of that Court is allowed the same
fees in both criminal and civil matters that is al
lowed the Clerk of the District Court for similar
services notwithstanding the 6S9th section, (page
5ll compiled laws,) of the act to regulate costs in
criminal actions and proceeding. This it is thought
operates rather hard upon taxpayers in some in
stances, for example, suppose that A holds de-
mand against the County for the sum of $500,
before presenting it he must make an affidavit of its
correctness &c, Tor Whlcn ne pays SlUU, then 1t is
filed for $3.50 more, the Court passes the bill and
the Clerk enters upon his book 1T is ordered that
A. be allowed $780, for which entry the Clerk
charges 81 90; this order among others is then cer
tilted to the County Recorder who issues his war;
rant upon the County Treasurer and charges $3.50
therefor, total $780, paid by the County instead of
$500 the original demand
The fees of other County officers bear about the
same proportion to the services rendered that
which is given above, in some respects perhaps
going over the mark in others coming under.
Now sir leave you and such of your readers as
may deem proper. to compare the fee bills here
given with 1.-The Statutes in such cases made and
provided" and ascertain those charges that ere
specifically allowed by law well as those that
are saddled upon the above cited heavy laden (but
not weary section.
When we reflect moment upon this subject we
are by no means surprised that men should hesitate
in attempting to enforce their just claims and de-
mands in an appeal to our Courts of Justice, when
they know that failure brings upon them q ruin
Gus bill of costs, which not unfrequenty amounts
TO more than the original demand; neither we
surprised that numerous and worthy class in our
country should become excessively patriotic about
once in every two years and so regardtul of the
rights of the dear people.
| will now conclude for the present believing
that by the statement Of facts made sufficient has
been said to prove the proposition made in the out
set and sufficient to direct the attention of the peo
pie to subject of direct pecuniary Importance to
them, and we hope also sufficient to command the
attention of some of our most economically disposed
Legislators. Yours &c,