Santa Fe daily New Mexican. [volume] (Santa Fe, N.M.) 1885-1897, 1889-01-23
JUSTICES, AND coNsrAnLes, PEGS

JUSTICES AND COhslABLGs' PEGS.
Not one business man in one hundred
but has business of some sort or another
during the year with those important petty
officers, justices OF the peace and consta-
bles. Great complaint has been made
from time to time Of over charges and
other irregular methods Of these officers.
Yesterday the senate passed a bill which
regulates the cost Of every service these
officers are called upon to perform. After
STIMULATING in detail each item OF service
and naming specific fee to be charged
therefor, this bill provides, among other
things, that the justice of the peace or
constable, by whom such costs are de-
manded, shall make out an itenized fee
bill therefor, in words ut length and in
figures, sign the same in his official cgpac-
ity, and deliver it to such defendant.
No Justice OF the peace or constable
shall collect any fees after having been
required in writing to have the same item
lied and taxed, without sub taxation
having been made.
No justice Of the peace, or constable
shall split up and divide his charge for
services, so as to make two or more
charges, when the Law intended but one !:
and no officer shall demand or receive for
his services any other or greater fee or re-
ward than is allowed by law. or any fee
for services rendered, or to he rendered,
when the law has not fixed on compeu-
sstion therefor.
The party at whose application any
civil suit is instituted, or writ, or other
civil process is issued, or services per-
formed, shall pay in advance, if SO de-
manded by the justice OF the peace Or
constable, the fees allowed by this act Tor
such services rs are necessary, or ordi-
narily necessary to be rendered in like
cases except, that pay in advance for the
collection OF executions shall not be de-
mandable.
Hereafter it shall not be legal, in any
civil suit, to tax in favor Of the prevailing
party the costs of more than tour wit
nesses, unless the Justice OF the peace
shall certify On the record that the at
tendance of more than four witnesses " as
necessary in the case.
Where there are more plaintiffs or de-
PENDANTS than one, i'll any action, and
they shall sever in their pleadings or
otherWi Use, so that part of them shall
cause the justice of the peace or constable
to render separate services for him or
them, for which the others ought not to
be liable, the fees for such services shall
be charged separately to those ior whom
such services shall be rendered.
No justice of the peace or constable in
making out his fee bill or charges, shall
omit the name OF any person properly
,harseable Herewith, or insert the name
OF person not properly chargeahle there
with.
II any person shall psy any fee bill, or
claim for fees In which he believes there
il an erroneous or illegal item or items.
charge or charges, he shall point out each
OF such items or charges which he be-
lioves to be Illegal, to the officer to whom
such fee bill or charges Was owing, and
demand the repayment OF such items or
charges, and if the same be not imme-
diately repaid, the party 20 considering
himself aggrieved may hand such fee bill
to the Judge OF the distric. court who pre-
sides in the county where the person who
paid the fee bill resides, either in vacation
or in term time; and, ut the same term
such Judge received the fee bill, or if in
vacation, in the first ten days Of the next
term Of court holden for that county, he
shall inspect such fee bill, and if the Tee
bill do not comport with the law, or il
there he in it any item not authorized b.
law, he shall quash such fee bill and7order
the officer to repay the full amount Of the
fee bill to the person who had paid the
same, and for the costs Of the proceedings,
and shall award execution liz his luu--
ment for the amount thereof and costs.
Said judge shall, moreover, at the same
time enter up fine in favor OF the person
aggrieved, against the officer ho Issued o.
deinanded payment Of such fee biIb or not
less than w, nor more than $40. The
production OF the fec bill shall be prina
iacie evidence of its payment.