The morning times., 1895-08-04
New Schedule of Fees and Rules
Put Into Effect.
JURYMEN GET 81 PER DAY
Jurisdiction Now Extends to Cases
Involving $500, and Attachments
and writs of Replevin May Be Is
sued-Prepared by Judges Bradley
and Cole-Judge Hagner Approves.

The rules and schedule of fees for JUS
tees of the peace under the law passed
on February 10 last extending the juris-
diction of magistrates courts TO cases
involving $500 and giving them the right
to issue attachments and writs of repleVin
have been approved and VIII in short
time be printed and put in the hands OF the
justices.
The printing Will be done at the Govern
ment Printing office, and the printed
copies OF the rules viii be sold at actual
cost a most important change TO the
public is the allowance of q better fee
to magistrates jurors.
The regulations were made up by Judge
Bradley and Judge Cole, of the supreme
court, who were appointed committee
for the purpose, and were approved by
Judge Hagner. They have been under con-
sideration nearly six months-since a COM
mittee of magistrates submitted draft for
approval to the supreme court.
DON'T VARY MUCH.
AS finally agreed upon, they do not greatly
differ from this first draft. While waiting
for the new rules, magistrates have been
greatly embarrassed, and some Of them
have declined 10 take any cases not covered
by the old schedule. Others have made
charges subject to the approval of the
litigants concerned, while still others have
charged and collected what they thought
right. Fee bills in some cases have runup TO
So, ST and S1l.
In the new regulations are forms for ap-
peal bonds, attachments, replevin, inter
rogatOries for garnishees, etc. The fee list
is revised in full, but the changes are Of
minor Importance. One abuse is corrected
by raising the pay of Jurymen i'll justices
courts from ~ cents a day to 81 day.
Also for writS OF restitution the constable
is allowed a fee OF 81 and all expenses of
removal are 10 be paid by the person to
whom the premises are restored.
IN REPLEVIN CASES.
The fee for attachments and writs of
Ieplevin to the justice of the peace is 81
and to the constable 81, with 8 pei cent of
the appraised value of the property handled.
The fee foI swearing in three appraisers
is 81.
1t had been supposed by some that at
tachments and Ieplevins would be So each.
The fee foI taking change Of venue is 81.
Fol- justices the trial fee is fifty cents;
appeal, bond, etc, 81; witt of restitution
fifty cents. In tIial by jury a fee of
thirty and one-third cents is allowed
foI each juror in addition to the usual
tIial fee.
In cases of notification the usual ten
days exclusive Of Sundays and holidays is
preserved Publication when required is
10 be made in a newspaper at least three
times the fist time being at least twenty
days before the time set for hearing.
Provision is made for a commission TO
take dispositions where desired with
rules for interrogatories and cross-interroga-
tories in conformity TO the practice of the
supreme court
When any surety in attachment, etc, be-
comes liable he is to have the right uf
inquiry as TO the value of the property
involved, and he can not be obliged to pay
more than the worth of the goods when
taken.
ONLY Upon NOTICE.
On a motion to quash as provided for in
section 8 Of the act, the justice may
consider oral testimony and also affi
davits, but in the latter case only upon
notice to the opposite party of their filing.
In an appeal where property has been
taken by constable he must retain pos
session pending the appeal unless it he
pershable or upon agreement of the par
ties, or upon proper legal action by the
defendant.
When defendant tdoes not show a reason
able defense when a case is called, ludg
ment by default is to be entered against
him at once. If he has a defense as to
part of a claim it shall be valid as to
that part, bjs Judgment is TO be entered
as to the reneIinder.