Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1878-04-04
4aws ut the State.
AN ACT

AN ACT
To regulate the costs of Plaintiffs and Defen
dants Attorneys and the costs and fees of Clerks
of Courts, Probate Judges, Sheriffs, Trial Jus
tices and other officers herein mentioned.
i Section l. Be it enacted by the Senate and
House of Representatives of the State Of
South Carolina, now met and sitting in General
Assembly, and by the authority of the same
That costs and fees which plaintiffs or defen
dants' attorney, Clerks of Courts, Probate
Judges, Sheriff., Trial Justices and other off
GERS herein mentioned shall be authorized tc
receive in the several cases herein specified
shall be as follows:
Sec. 2. Plaintiffs or defendants attorney
For all proceedings where judgment is obtain
ed by default, SIS for trial Of the cause, $40
in all contested cases, $40 for commission to
take testimony, $5; for examination of par.
ty or witness before trial, SO for an appoint
mept of guardian for an infant, $5; for ma
king and serving case or cases containing
exceptions, $40; for procuring an order of in
junction, IS; on appeal to the Supreme Court
SIS; on argument in Supreme Court, $40
Provided, That if the plaintiff fail to recover
judgment against any one or more Of the de-
PENDANTS in the cause, costs shall be taxed
against the plaintiff by the attorney Of such
defendant.
Sec. 3. Plaintiffs attorney only : Upon re.
covery of judgment in actions in which war.
rant of attachment is issued, or adjudication
upon will or other instrument in writing, or
to compel the determination of claims to real
property, for any sum not exceeding $400, 5
per cent for additional amounts not exceed,
ing $500, an additional sum of d per cent.
for additional amount not exceeding 81 900,
an additional sum of II per cent. In actions
above named, if the same be settled before
Judgment therein, like allowances upon the
amount paid or secured, at half the rate above
specified. No commissions shall be allowed
plaintiffs or defendants in cases of foreclosure
of mortgage and partition of real estate.
Sec. 4. Appeals from Trial Justice courts
fer plaintiff or defendant For all proceedings
before trial, SO ; for trial of the cause, S3 ;
provided, That the appellant shall not recover
costs unless the jud gment appealed from shall
be reversed or made favor lble to him to the
amount of $40. In other appeals from infe-
rior courts to appellant for reversal, $5; to
respondent for aftirmance, So.
Sec. s. Clerks of Courts -For-the trial Of
every case, $3.50; for filing all papers in a
case, $3.50 for the whole; for entering judg.
ment, 25 cents; for signing and sealing each
writ, % cents; for administering oath, %
cents Prorldea, That no fees shall be al.
lowed for swearing witnesses or jurors in the
trial of a criminal case; for taking and filing
bonds in attachments and other cases, 81 for
signing and sealing commission to examine
witness, 75 cents; for recording plats under
order of court, 81 for rule of survey, 81 ;
for each certificate under seal, so cents; for
issuing writ of attachment for contempt or
other special writ, 81; for signing and seal
ing writ Of habere tacias possessionem, 30 cents
for receiving and paying over money official
ly, per cent Oh bill noNe prosequi, before
given out 81; on bill thrown out by the
grand jury, or found nolle prossqui, abated,
discontinued or struck of, 81; on bill found
on verdict by petit jury, 81; issuing bench
warrant. 81 ; issuing each execution in ses
sious, 81 signing and sealing writ of habeas
corpus, $3.50; issuing warrant, taking recogn-
izance or other services, same fees as allowed
to Trial Justices; each writ of venire ytacios,
including all services incident to summoning
jurors, $3.50; preparing and issuing cert6-
Gates for grand and petit jurors, and consta'
bles, and witnesses, and furnishing returns to
County Commissioners for each week of every
term of court, S5; furnishing advertisement
in case of escbeat, exclusive of printers bill,
$3.50; for every deed or mortgage, SO; for
advertising and giving notice to managers OF
election, IS for license to an attorney, all in
cidental expenses included, $5 filing, record
ing and entering notice of aliens intention of
becoming citizen and filing report of alien,
81 administering oath of intention, 30 cents ;
filing and entering application to become a
citizen azd administering oath, 81 ; for taking
remuneration of dover or inheritance, 50; for
official record of an estray and filing papers,
81; every search with certificate, % cents;
swearing Trial Justice or Constable in Office
and certificate, and taking bond, 81 record.
ing the bonds of county officers and certify
ing to same, ST. for every probate in wri-
ting, 25 cents; for signing dedines potestatem,
81 for copying papers, for copy sheet of lO0
words, each figure counting word, ~ cents ;
for signing and sealing each execution and
renewal, so cents; for copying and recording
deeds, mortgages and other papers, per copy
sheet of 100 words, each figure counting a
word, 10 cents; for every certificate, deed or
other paper, % cents; on every appeal from
Trial Justices, all services included, 81; for
entering satisfaction on mortgages, 30 cents /;
for copying and recording plats of not more
than six corners, 30 cents for every corner
more than six, 10 cents; for filing every rule
or order of arbitration, 30 cents; for filing
and recording affidavit for continuance when
so ordered, % cents; for granting charter of
incorporation, 50; for granting charter of in
corporation to church, 81 /; for such other
papers necessary to be recorded, 10 cents per
copy sheet of 100 words.
Sec. 6. Register of Mesne Conveyance :
For recording and copying deeds and other
papers, per copy sheet of one hundred words,
10 cents for entering satisfaction on mort
cages, 25 cents for recording or copying plats
of not more than six corners, 81 for every
corner more than six, cents; for every pro-
bate in writing, 25 cents; for every certificate,
25 cents.
Sec. 7. Judge of Probate For petition for
letters, &C., DO cents; for citation, 5O cents
qualifying executor, administrator or guardi-
an and issuing letters to the same, 81; taking
bond of administrator or guardian, 81; issu-
ing warrant of appraisement, 30 cents; prov
ing will in common form, 81 proving will in
solemn form, $5; filing and entering renun-
citation of executor so cents dedimus potesta-
tenn to prove will or qualify executor, 81; re-
ceiving, examining and filing annual returns,
81; order for sale of personal property, 81 /;
hearing and filing petition for guardian and
appointment, 81; entering caveat and with.
drawing same, 80 cents; hearing litigated