Santa Fe daily New Mexican. [volume] (Santa Fe, N.M.) 1885-1897, 1889-05-14
An aCt fixing fine fees of rlark

y practice and administering oath and il
suing certificate to him, So for comput;
ton of amount due on any note, bond {
other contract for the payment OF money
So; for taking and approving bon
and all certificates of acknowledgment
thereof and of justification Of sureties,
cents; for entering on the journs
: and on the docket n default
-. cognovit or plea OF guilty, judg
r ment thereon, assessment Of damage, fra
V judgment, final judgment orders for ex
V ecution, for recovery OF costs, for assess
+ ment of damages and all other necessar,
motions and orders in connection there
with, So; for making and entering OF
journal and docket, record of trial by
: : jury or by the court, swearing jury anC
r witnesses, entering verdict and judgment
thereon and all necessary motion anC
i. orders in connection with said trial anC
judgment, ST. for making all necessary
| journal and docket entries on the dis.
missal of any case, $3.50; for issuing an
execution or commitment filing same
upon its return and entering return on
any docket, $l.25, to be charged at the
time the writ is issued and not before for
making and certifying itemized bill OF
costs in any case, when demanded, so
cents; for copies of records or papers, 10
cents per folio of 100 words; for taking
and certifying an acknowledgment and
atlixing seal, SO cents if but one person
acknowledges, and % cents for each addi-
tional person; for naturalization of an
alien and certificate thereof, SO; for
declaration of intention by an alien and
certificate thereof, 81; for issuing COM
mission to take testimony, 81.
Sc. mo other or different fees than
those provided by this act shall be charged
or received by the clerks of the district
courts, and any services required OF them
as such clerks, other than those for
which fees are hereinbefore provided,
shall be without any compensation, and
any clerk who charges any other different
fees shall be deemed guilty of a mis-
demeanor, and upon conviction thereof
before any court of competent jurisdiction
shall be fined not less than 800 or i'm
prisonment not more than six months or
both such fine and imprisonment, in the
discretion OF tho court trying the cause,
and shall be removed from his office.
Sec. 3.-Hereafter no costs or allow
clerk against the territory or any county,
nor shall any clerk of any district court
be appointed master in chancery in any
case pending before any Of the courts Of
this territory.
Sec. 4.--Hereafter the clerks Of the
district courts, in lieu of all fees allowed
by law and per diem, shall receive an an
nual salary of $4,000 each, to be in full
compensation for all services performed
as such clerk, except in cases in which
the United States is party, said salary to
be paid quarterly, on the warrant of the
auditor drawn against the salary fund.
Sec. 5.-The clerk of each Of the sew
eral district courts shall collect all fees
now allowed by section of this act and
authorized to be charged and collected by
such clerk for services in his official capa
city, and at the end of each quarter pay
the same over to the territorial treasurer,
taking his receipt in duplicate therefor,
and at the same time file with the terri
torial auditor statement, under oath of
the amount Of fees collected by him in
his Office for official services during said
quarter, giving the number and style of
the case in which fees have been received,
of the object for which any other fees
have been received, together with the
date of the receipt thereof and also the
treasurer's receipt therefor; and failure
of the clerk to pay over the fees collected |
or to make the sworn statement of to file |
the treasurer's receipt as required by this
section shall constitute misdemeanor,
and upon conviction thereof the clerk
shall be fined in the sum OF 81 1000. The
treasurer shall keep special account of
all moneys paid to him by virtue of this
section and shall credit the same to the
salary fund.
Sec. Cit shall be the duty of the
clerk to keep book, in which he shall
enter an exact account of all fees, COM
missions or compensation of whatever
nature or kind by him or his deputies
collected, with the date Of such collection
and the character of the services render
ed, which said book shall be kept in his
office and open at all reasonable times to
the inspection Of the public.
Sec. III any clerk shall refuse or
wilfully neglect to keep the book required |
to be kept by the next preceding section
of this act, or shall refuse to allow any
person to inspect such book, he shall be |
deemed guilty of misdemeanor and on
conviction be punished by fine of $500. |
Sec. S.-Every clerk of the district court
or the supreme court shall, on the 1st day
Of January, April, July and October Of
each year, or within thirty days thereafter,
make to the auditor of this territory
written return for the quarter ending on
said days, respectively, OF all fees and
emoluments of his office of every name
and character, stating separately the
amount collected by him and the amount
turned over by him to the treasurer as
such clerk, and all other matters as pro-
vided in section of this act, according to
the form which may be prescribed by the
auditor.
Sec. each county shall pay for the
printing Of the calendar Of the district court
held in and for such county, at a price
not exceeding 81 per page, containing not
less than four cases to the page: this
calendar OF the supreme court shall be
paid Tor by the territory at the same rate.
Sec. lO.-All blanks which may be
needed for use by any clerk of the district
court, supreme court, or any sheriff, justice
of the peace or constable for the use of
their office or in connection with their Of
fee, shall DO prepared, either written or
printed, by them at their own expense and
whenever they may desire to have the
same written or printed.
Sec. LEACH county shall pay for the
making and binding OF the necessary rec
ord books and dockets OF the district court
held in and for such county respectively,
and the territory shall pay for tile records
and dockets OF the supreme court.
Sec. 12.-All acts and parts of acts in
conflict with this act are herehv ranaalad