The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1875-04-14

unable to pay the costs of the suit, he
shall be entitled to process without pay
ment of costs /; And prOVided further, That
whenever costs shall be paid by the sue
cessful par1y, he shall be entitled to have
execution against the adverse party for
the costs so paid.
SEC. z. Be It further enacted, That none
of the fees herein-before mentioned shall
be payable by any person; until there be
| produced to the person chargeable with
the same, bill or account, in writing.
containing the particulars Of such fees,
| signed by the Clerk or officer, in which
said bill or account shall be intelligiblv
expressed every fee for which money
shall be demanded; and if any such fees
shall be, or have been paid without the
| production of such bill, the party paving
the same shall at all times be entitled to
demand and receive from the officer re-
ceiving the same, copy thereof, without
charge.
| SEC. 8. Be 1t further enacted, That il
shall be lawful for the Clerks of the sew
eral Courts of this State respectively,
when suits or causes are determined, and
thefees 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 the party re-
sides; and the Sheriff or other proper
officer shall execute and return such ex-
ecutlOns as in other cases and to every
execution shall be annexed copv of the
bill of costs, specifying the particular
item thereof, in ineligible words and
figures and all such executions, issuing
without the copy CT the bill of cost as
aforesaid, shall be deemed illegal; and no
Sheriff or other officer shall serve or exc
cute the same.
SEC. 8. Be 1t further enacted, That on
all executions in which any costs are in
cluded, detailed statement of such fees
or costs shall be entered in plain and in
telligible words and figures, and the
Sheriff or other officer receiving the same
shall add thereto, in like manner. his
fees, including all additional fees and
costs, and shall make out fair copy of
the same, and deliver it on demand to
the person from whom he receives the
money, or out of whose property he
makes the same.
SEC. 10. Be 1t further enacted, That
if any of said Clerks shall neglect or re-
fuse to make out and deliver to the per
son applying for the same, a certified
copy of any paper, record, judgment,
decree or entry, on file, lodged or remain
ing in his said office, when the same shall
be demanded, he shall be deemed guilty
of high misdemeanor in office, and
shall forfeit for every such neglect or re-
fusal to the party aggrieved thereby, the
sum of five hundred dollars, to be recov-
cred by action of debt, in any of the
Circuit Courts of this State, and shall
be liable to Indictment for every such
neglect or refusal, and upon conviction
under such indictment, shall be fined in
a sum not exceeding one thousand dol
lars, and imprisoned for a term not ex-
ceeding three months.
Sec. II. Be 1t further enacted, That
the cost accruing upon suits in any of
the Courts of this State shall not be due
until final determination of said suits,
and shall then be adjudged to the sue
cessful party, and collected by execution
Provided, That the Judges shall have
power to order and adjudge cost and give
DEGREES and judgments thereon in the
progress of suits as heretofore practised
in said Courts.
Sec. II. Be 1t further enacted, That
it shall be the duty of the Judges of the
several Circuit and Chancery Courts of
this State, to require of the Clerks there
of, to combine in one decree as many
interrogatory or other orders as can be
lawfully and conveniently done, with
view to prevent the increase Of cost, and
on application of any party, in term time
10 &c
charged and made out by such Clerk.
SEC. ID. Be 1t further enacted, That
it shall be the duty of the Clerks Of the
Circuit and Chancery Courts, and of the
Sheriff of each county, to post in a con
spicuous place in his office, printed
copy of the bill of fees he is entitled to
receive under the provisions Of this Act,
and for failure to post said bill as re-
quired by this Act, shall be deemed
guilty of a misdemeanor in office, and
liable to indictment by the Grand Jury
of his county.
SEC. IA Be 1T further enacted, That if
any Sheriff, Clerk, Justice, Coroner,
Constable, Assessor, Collector, or any
other officer, shall knowingly demand,
take or receive, under color of his office,
any money, Zee or reward WnhIeVer, not
authorized by this Act, or shall demand,
and receive knowingly, any fees not emu
merated in this Act, such officer so Of
Tending shall be deemed guilty of extor-
ton, and shall be punished according to
law.
SEC. Is. Be 1t further enacted, That
all Acts and parts of Acts, in conflict
with this act, be, and the same are here
BY repealed, and that this Act take effect
and be in force from and after its passage.
APPROVED, March 6, 1875.