The Dalles daily chronicle. [volume] (The Dalles, Or.) 1890-1948, 1893-02-02
SENATE BILL No. SO.
Concluded from Page 1.

any money, as ABOVE PROVIDED, pay Lne
same over to the state treasurer and
take receipt therefor, which shall
specify the title of the case in which
paid. and name of the party paying it,
or the name of the applicant for admis
sion in case paid by such applicant.
Sec. 8. It shall be the duty of the
several clerks of the circuit and county
courts in the state, at the time any suit
action or proceeding for the enforcement
of private rights, including appeals and
writs of review, but not proceedings i'll
probate matters, is instituted to exact
from the plaintiff, or moving party in
such suit, action or proceeding, the sum
of five dollars, and no complaint, tran
script upon appeal, or petition for a
writ of review shall be filed therein
until such payment is made. Such
clerk shall also, at the time of fling any
answer, demurrer or motion in any such
action, suit or proceeding, upon the part
q defendant, exact from such defendant
the sum of three dollars, which paper
shall not be deemed filed unless such
payment is so made. And such clerk
shall also exact from such plaintiff or
moving party, at the time such action,
suit proceeding comes on for final
trial or hearing upon question of fact or
law involved therein, unless referred to
a referee, and except upon demurrer, an
additional sum of twelve dollars, which
shall be paid before any such trial shall
be had therein. And every such clerk,
upon receiving any money as provided
in this section, shall Immediately
pay the same over to the county
treasurer of his county, and take
his receipt therefore, which shall
specify the title of the case and name of
the party paying the same. The
amounts SO paid by parties to appeals,
actions, suits and proceedings shall con-
stitute disbursements in the case and be
taxable as such in favor of the party
entitled to costs therein, as in other
cases of taxation of disbursements.
Section s.. The several sums required
to be paid by parties litigant to the res
pective officials in appeals, actions,
suits and proceedings as provided in the
two proceeding sections of this act, are
intended to be in lieu of the fees such
parties have heretofore been required to
pay said officials in such matters, and
also in lieu of the trial fee such parties
were prior to the adoption of this act
required by law to pay; and no such
fee or trial fees last referred to shall
hereafter be exacted from such parties
in snch cases. In all other cases, how
ever, III which fees are allowed to
county clerks, recorder of conveyances,
clerks of the circuit and county courts,
and sheriffs in civil matters, including
fees in probate proceedings, it shall be
the duty of the said officials, respec-
lively, to exact and receive from the
parties required by law to pay the same,
and the service for which the fee is al
lowed, shall not be performed until
such fee is paid to the official required
TO perform the same, which fee shall,
upon the day it is paid to the official, be
paid over by him to the county treas
urer of his county and receipt taken
therefor, which shall specify the kind
of service performed and the name of
the person from whom received. And
none of the said officials shall be allowed
any monthly payments of his salary
until he.exhibits to the auditing board
ell receipts of money SO received, and if
it be ascertained at any time that such
official has received any money for such
fees not SO accounted for, and done SER
vice without exacting the fee therefor,
as above mentioned, or neglected his
duty in any other respect, the payment
of his salary shall be Withheld until the
matter is fully rectified. -
Section 10. In case of disagreement:
between any of the officials referred to