The Magnolia gazette. [volume] (Magnolia, Miss.) 1872-current, 1873-11-14

mons OF the Tees hereinbef0re mentioned
shall be payable BY any person until there
be produced 20 the person chargeable with
the same bill or account iu writing con.
tanning the particulars of such fees sigued
~ the Clerk or officer, in which said bill or
account shall be intellgibly expressed every
fee Tor which money shall be demanded; and
II any such fees shall be or have been paid
without the production oil such bill the
party paying the same shall at all times be-
entitled to demand and receive from the
officer receiving the same . copy thereof
without charge.
SEo. 81. Be it further enacted, That il
shall be lawful for the Clerks of the several
Courts and Justices Of the Peace within
this State respectively, when suits or causes
are Determined and the fees not paid by
the party from whom they are due, to make
out executions. directed to the Sheriff or
other proper officer of the county where tho
! party resides or where he may have proper
i ~; and it shall likewise be lawful for the
Clerks Of the several Chancery Courts 10
make out executions in like manner for the
fees that may become due the officers OF
said Courts, by virtue OF this Act, directed
as aforesaid, and the Sheriff or other proper
officer shall execute and return such cRecu.
ton as in other cases; and to every eSecu-
tion shall be annexed a copy OF the bill Of
costs, specifying the particular items thereof
in ineligible words aud figures, and all
such executions issuing without the copy of
the bill Of costs as aforesaid, shall be deem
ed illegal and no Sheriff or other proper Of
fcer shall serve or execute the same Pro-
vided, When final judgment is rendered
against defendant in any cause, in any court
in this State, and execution returned nulla
bona, &. fa. may then issue against the
! plaintiff in such suit for all the cost in such
case
Sgc 33. Be it further enacted, That on
oil executions in which any costs are in
cuded, detailed statement OF such fees or
cost shall be entered in plain and intelligi-
BILE words and hgurss, and the Sheriff or
other proper officer receiving the same shall
add thereto in like manner his fees and
costs, and shall make out fair copy Of tho
same and deliver it, on demand, to the per-
son from whom be receives the money or
cut Of whose property he makes the same.
SEC. "a. Be it further enacted, That the
cost ACQUIRING upon suits in any OF the courts
of this State, shall not be due until the
final determination of said suit, and shall
then be Gdjudged 70 the successful party and
collected by etectioni Provided, That
Judges shall have power to order and ad-
judge costs, and give decress and judgments
thereon in the progress Of suits, as hereto
fore practiced in said courts.
SEC. 80. Be it further enacted, That all
Acts and parts Of Acts allowing any fees,
commissions, or perquisites to the Auditor
Of Public Accounts, Secretary OF State, or
Treasurer, are hereby repealed, and hsreaf-
ter it shall not be lawful for said officers to
charge any fee, commission or perquisite for
: any service performed by virtue Of their re-
spectiYe Offices, except fee of two dollars
and nfty cents to the Secretary Of State for
issuing commission to persons appointed
in other States to take Acknowledgement OF
deeds, aflidavits etc., as hereinbefors pro-
Vided, for any such fees for making copies
Of books, records and papers in their re.
spectiYe Offices as are allowed by this Act
SEc. So. Be it further enacted, That il
shall be the duty Of the Judges of the sew.
eral Circuit and Ohancery Courts of this
State to require Of the Clerks thereof to
combine in one decree as many interlocutory
or rother orders as can be lawfully and con-
veniently done, with view to prevent the
increase Of costs, and on application of any
! party to correct any bill ofcosts as charged
and made out by such clerk.
SEC. 81. Be it further enacted, That the
Clerks OF the Chancery and Circuit Courts
aud the Sheriffs .of the several counties
shall make ont and post conspicuously in
their Offices lbe fee bills appertaining TO
, their respective offices, so that sll persona
may shave an opportunity Of referring to
, the same IN settling coat bills.
. SRc. SO. Be it further enacted, That
when costs are due in any Of the eourts oi
i this Stale, and Il. faa. are issued therefore
/ pursuant to the provisions Of this Act, such
, process shall embrace al the sursties on
bonds for costs, as well as the principal
!, obligor.
, SIC. 80. Be 1t enacted, That securit,
! for costs Eiay be given by recognixance'en
tered iii open couTt, or by written under
/. standing endorsed on or hled with the psperI
|. in the case; Provided, The person Offering
. to become security for costs shall be re
Q qured to make oath before the proper Of
' fcer that he or she ia possessed in his o.
her own right and title OF free and unen
Z numbered estate above all his or her labili
!. ties, and not exempt from seizure and sail
l. by distress or otherwise, Of the value OF th'
/. estimated amount Of cost.
i. SEC. 40. Be it further enacted, That i
shall not be lawful for any officer in thii
: State to charge any fees for any services
y they may perform which are not in this Ac
: enumerated and provided for on the penalty
Z prescribed for mafeasance in Office unds
y the laws Of this State.
y SEo. A. Belt further enacted, That al
y y Acts heretofore passed establishing specia
y y fee bills for particular counties are hersb
!. repealed
= SEC. AZ. Belt further enacted, That thi
= = Act shall take effect and be in force from
y and after the first day OF April, A.. D. 1879
= ! Approved October 22, 1873.
., f Young Gent-"Migbt ask you, mis-
1e a." Mss-sfyery sorry, sir, but / am ct
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