New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1876-11-29
impanneling petit jury, in each case, fifty

and jury list, to be served on accused when
required by law, in each case, one dollar.
For swearing witnesses, i've cent?.
For reading indictments or information
and plea to Jury, twenty five cents.
For receiving, reading, recording and
fling Indictment of grand jury, fifty cents.
For notice OF arraignment to principals
and security, twenty five cents.
For issuing capias. fifty cents.
For entering sentence OF judgment, fifty
cents.
For copy OF sentence with certificate and
seal, fifty cents.
For calling, forfeiting and entering judg-
ment On appearance bond, one dollar.
For notice of Judgment, twenty. five cents.
For calling and continuance in each case,
ten cents.
For each and every order of court entered
ON the minutes, not otherwise provided Tor,
ton cents.
For copies Of same and certificate with
seal, fifteen cents.
For filing return on all writs, ten ceEts.
For each commitment, fifty cents.
For each subpoena duces tecum, fifty cents.
For entering nolle prOsequi and order
diacharging prisoner, fifty cents.
For filing plea and abatement OF special
plea in bar, or plea in quasi information or
indictment, ten cents.
For appointment of counsel and copy OF
same, fifty cents
For motion asking for new trial or in
arrest of judgment, and copy, twenty five
cents.
For transcript of appeals to the Supreme
Court, for each hundred words, hfteen
cents.
For taking affidavit and swearing to the
came, twenty-five cents.
Sec. 5. Be it farther enacted. etc., That
clerks OF courts shall have the same RENE
dies for collection of costs in criminal c ases
that they have in civil suits, and shall be
liable to all tho penalties for Overchsrges
and extortiOn rs in civil cases; that the
clerks of court shall whenever any person
has been convicted ia any criminal prosecu-
ton, only be entitled to collect any Of
the foregoing costs from such person,
and not from the State or parish; but
in all cases of acquittal, or whenever
nclle prosequi has been entered by the dis
trict attorney or the district attorney pro
tempore, said costs must be paid by the
police jury of the parish, on the approval
of the district judge.
Sec. G. Be it further enacted, etc, That
the clerks and sheriffs are required to keep
constantly posted up in their offices copies
of this fee bill, certified by the judge; and
shall be subject to q fine of fifty dollars per
week for the benefit of the parish to be re-
covered by the police jury before any court
of competent jurisdiction.
Sec. 7. Be il further enacted, etc., That
whenever any clerk of court shall retire
from Office, he shall cause to be filed in the
case and with the proceedings in which he
may be entitled to costs, within thirty days,
specific bills of his fees; and in default
thereof or if any item should be overcharged,
the whole of the costs in the case in which
the overcharge is made shall be forfeited,
and such clerk forever barred from collect
ing the same; and in the event of the death
OF the clerk, his legal representative must
have this requirement attended to, on pay
ing Of the forfeiture herein stipulated. and
he shall be responsible to the estate for any
loss resulting from such neglect or forfeit
ure; that the cOets Of the clerk, witnesses
fees, cost of taking dispositions and copies
OF acts used on the trial, and all other costs,
which the court may legally allow in any
case, shall be taxed as costs.
SEC. s. Be it further enacted, ETC., That
before any clerk shall file any suit in the
district or parish court, the party applying
to file such suit shall deposit with the
clerk ten dollars, and the filing of the suit
shall be evidence that such sum has been
paid and deposited with the clerk; such
sums shall be held by the clerk to pay the
costs of clerk and sheriff in such cases, the
to be paid over to the sheriff as fast as bis
fees accrue until the amount TO which he is
entitled is exhausted; and the clerk shall
be liable under his bond for the proper
appropriation of said amount The
clerks and sheritfs will be entitled to col
lect the residue of their costs in every case,
every six months, that is, all tho costs due
them on the first day of January Of each
year shall be considered on that day due
~,IA - l,,1 A.
first day of July Of each year shall be then
due and collectible. The costs shall be col
lected as follows: The clerk or sheriff shall
make out q bill of their respective costs due
and collectiblc. and shall swear to the cor
rectness of the same, and that the same is
due; and such cost bills shall be presented
to the judge of the court in which the case
was filed or is pending, who shall examine
the same and, il he shall find them correct,
he shali approve the same, and on which
cost bill, go approved. the clerk shall issue
execution against the principal and secu-
rites tor coste, and the same shall be
collectible by the sheriff as on other
executions, and the security 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 demanded
by the sheriff or his deputy of the principal
or security, which demand shall DO made
to appear by a return to that effec: on said
or his deputy; provided, that in case where
there has been written confession Of judg
ment, signed at or before the filing OF the
suit, the party fling the same shall not be
required to deposit more than the costs for
the confession Of judgment and recording
as is provided for by this act;
and provided further, that if at or before
the time OF filing the suit there has been a
written waiver of citation and petition,
the party filing the suit shaii be
required 10 deposit only five dollars. to be
of as required in the first part of
this section; and, provided further that if
any part Of the money so deposited remain
after paying the taxed costs of suit accrued
at the date of rendering final judgment IN
the case, the same shall be returned to the
party originally depositing it; and, provided
further, that whenever the said deposit shall
be exhausted in the payment Of taxed costs,
the clerk may require further deposit Of
ten dollars, or shall be entitled to demand
and receive the costs as they shall accrue.
SEC 9. Be it further enacted, ETC., That
all laws, or parts of laws, contrary to or in
conflict with this act be and the same are
hereby repealed, and that this act take ef-
feet from and after its passage:
Speaker of the House of Representatives.
iSigned) G. c. ANTOINE,
Lieutenant Governor and President Of the
Approved, November q, 1876.
(Signed) WIN. p. KELLOGG,
Governor of the State of Louisiana,
A true copy.
F. G. LLORENs,
Assistant Secretary of State.