New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1870-03-20


each mile which they may necessarily travel
both in going and returning, and for tn
expense of each prisoner conveyed IS afore
said, he shall receive five cents per mile TO-
going only.
That no sum shall be paid for any ser
| vices as specified in the preceding para
graph unless his account shall name the
prisoners SO conveyed, and when certlneG
by the Judge as regards the distance, shall
be paid on the warrant Of the sudge OF the
court sentencing the prisoners.
That the distance for which Sherlts are
| to be paid is to be computed from the jail Of
the parish from which the prisoner was re-
moved to the Jail or penilentiary 10 the
State 10 which the Sheriff was or
dered to conduct such prisoners and
| where they did actually deliver them.
| SEC. :. BE it further enacted, etc, That
| the Clerks and Sheriffs are required to
keep constantly posted up in their offices,
| copiee OF this fee bill, certified by the Judge;
and on failure to comply with this section,
| they shall be subject to fine OF fifty dol
lars per week for the benefit Of the parish,
to lee recovered by the Police Jury before
any court of competent jurisdiction.
I SEC. 4. Be it further enacted, ETC., That
the Sheritfs throughout the State shall,
whenever they retdrn q paper or process OF
| any KIND into court or the Clerks office, en-
dorse thereon tie specified items of feea
| claimed by them that may have accrued on
! the process or paper and 10 default thereof,
| or II such fees are overcharged, the same
| shall be forfeited and the Sheriff forever be
| barred from collecting the item of fees SO
| omitted or overGharged.
| SEC. .. Be it further enacted, etc., That
| whenever Clerk or Sheriff shall retire
| from office, he shall cause to be fled i'll the
| case and with the proceedings in which he
may be entitled TO costs, within thirty days,
SPECIFIC bills of their fees, and in default
thereof, or il any item should be over
charged, the whole OF the costs in the case
| in which the oyercharge is made shall be
| forfeited, aud such Clerk or Sheriff forever
barred from collecting the same; and in the
| event Of the death of the Clerk or Sheriff,
his legal representative must have this re-
quirement atteh6ec to on pain of the for
lecture herein stipulated, and he shall be
responsible to the estate for any loss result
ing from such neglect or Forfeiture. That
the cost of the Clerk, Sheriff, witnesses
fees, cost Of taking dispositions and copies
OF acts used on the trial, and all other costs
which the court may legally allow il any
case shall be taxed as costs.
SEC. G.. Be it further enacted, etc, That
the Clerks OF the Court shall indorse upon
or annex to all writs OF execution and or.
ders ofseiznre issued by him. specific bills
of cost.
SEC. 7. Be 1t further enacted, etc, That be-
fore the Clerk shall file any suit in the Dis.
trlct Court, the party applying to file such
suit shall deposit with the Clerk ten dollars,
and before the Clerk shall tile any suit in
the Parish Court the party applying to file
such suit, shall deposit with the Clerk five
dollars, and the fling of the suit shall be
evidence that such sum has been paid and
deposited with the Clerk, tina, such Gums
shall be held by the Clerk to pay the costs of
the Clerk and Sheritfin such cases, the Clerk
retaining one-half, and the other half to be
paid over to the Sheriff as fast as his fees
accrue until the amount to which he is en-
titled is exhausted, and the Clerk shall be
liable under his bond for the proper appro-
priation Of said amount.
That the Clerks aud Sheriffs snail be en-
titled to collect the residue Of their costs in
every case, every six months. that is ell the
costs due them on the first day of January
of each year, shall be considered
on that day due and collectable,
and sll the costs due on the first
day of July of each year, shall be then due
and collectable. That the costs shall be COL
lected as follows: The Clerk or Sheriff shall
make out specific bin Of their respective
costs due and collect&ble, and shall swear
to the correctness of the same, and that the
same is DUE and such cost bills shall be pre-
sented to the Judge of the Court in which
the case was filed CT is pending. who shall
examine the same, and if he shall find them
correct, he shall approve the same, and en-
which cost bill so approved, the Clerk shall
issue execution against the principal
and security for costs, and the same
shall be collected by the Sheriff as
on other executions, and the securi-
ty for costs shall not be entitled TO the plea
OF discussion. Execution shall not be
issued in any such bill of costs until ten
days after such bill of costs shall have been
1a,,, l,v- no ,f
the principal or security, which demand
shall be made to appear by 2 return to that
effect Oh said bill of costs, made and signed
by the Sheriff or his deputy; Provided. That
in cases where there has been q written
confession of judgment signed at or before
the fling of the snit. the party filing the
same shall not be required to deposit more
ment and recording proceedings as is pro-
vided for by this act; and provided further, |
that if, at or before the time of filing the |
suit, there has been written waiver of ser |
vice of citation and petition, the party |
filing the suit shall be required to deposit |
only five dollars, if in the District Court, !
and two dollars and fifty cents if in the par !
ish court, to be disposed Of as required in |
the first part of this section; and provided |
further, that if any part of the money so |
deposited remains after paying the taxed |
costs of suit, accrued at the date of render |
ing the final judgment in the case, the same |
shall be returned to the party originally de- |
posting it.
SEC. 8. Be it further enacted, etc., That |
it shall be the duty Of the clerk OF the court |
to take good security for the cost in every |
case where the costs are not paid in ad. |
vance, before filing the suit.
SEC. Q. Be it further enacted, ETC., That |
no person shall be bound to pay any costs |
or fees until the officer claiming the same |
shall deliver to the person against whom the |
fees may be charged, an explicit fee bill, |
stating IL detail the separate items of such |
fees. signed with the officers name in full |
officially, and on payment the officer shall |
be bound to give 9 receipt on said fee bill, |
if so required; that the amount REQUIRED 70 |
be deposited on fling the suit, by the pro- |
visions of this act shall be credited By the |
clerk and sheriff on their bills of costs in the |
case, and for the overplus, if any. execution |
shall issue when it becomes necessary to |
issue execution therefor.
SEC. TO- Be it further enacted, etc, That |
the recorders and notaries public shall be |
entitled to demand and receive at the time /
the services may be performed. the follow.
Ing fees of office. and no more, and that they
shall not be entitled to charge for any other
services they may perform or be required to
perform as recorders or nOtaries public: |
For writing original acts of any kind, i'll
GLIDING recording the same, per hundred
words, twenty cents. When an act notarial
in form is written ont by some other party
and passed before the recorder or notary
public as notarial act the fees shall be
twenty-five cents for passing the act, and |
Ten cents for every hundred words for re.
,ording the same; for every necessary GER
,ificate and seal to every notarIal act, TWEEN
;y-6ve cents; and no notarial act shall have
more than one certificate and seal; for max.
ng copies of all official documents, ten cents
artxh Iar, drad xrnrdS. fur |