The record-union., 1895-04-18
WILL CONTEST TEE new FEE BILL.
J. H. Moore Declines to Pay the Dollar
Library Fee.
He Asks the Superior Court to Order
Clerk Hamilton to File His Petit
ton without 1t.

There will be filed to-day in the Su-
perior Court by Lincoln White, attorney
for j. II. Moore, petition for a writ of
mandate requiring County Clerk Hamil-
ton to file his petition in insolvency with
out the payment of the 81 fee that is
charged for the Law Library support.
In his petition Moore sets forth that he
is a citizen of the State of California, and
is the party beneficially interested in
the proceeding; that respondent, William
b. Hamilton, is the duly elected, qualified
and acting County Clerk and ex-oficio
Clerk of the Superior Court; that on the
18th day of April, 1895. petitioner COM
menced in the Superior Court of this
county certain proceeding in insolv-
ency, entitled, I'm the matter of j. II.
Moore an insolvent debtor" by Offering
TO and leaving with respondent, as County
Clerk, certain petition in writing, in
said insolvency proceeding, as required
by law for filing; and petitioner, after
respondent demanded the fees in said pro-
ceedlng IN advance, paid TO respondent,
as sucn fees, the sum of %, and demanded
OF respondent that he file the same as re-
quired by law.
The County Clerk demanded of petit
toner, as fees in said insolvency pro-
ceeding, the sum Of S6. lie claimed that
under and by virtue of the provisions OF
certain Acts OF the Legislature it was his
duty 20 collect fees in said proceeding
under an Act entitled ian Act to estab-
lIsh law libraries" approved March 81,
1891; that he was entitled to charge and
did demand from petitioner 81; that
under an Act entitled IAN Act to estab-
lish the fees of county, township and
other officers, and OF jurors and wit
nesses in this State" approved March IS,
1888, he was entitled to charge and de-
mand from petitioner So; that under an
Act entitled IAN Act for the relief of in
solvent debtors, for the protection of
creditors, and for the punishment of
fraudulent Debtors" approved March 26,
1855, he was entitled to charge and collect
in advance sum of money sufficient to
cover 10 cents Tor each copy of The notice
mentioned in Section 6 of said last-named
Act.
The County Clerk refused and still re-
fuses to file said petition or to mail or
serve said notice upon the creditors of
petitioner in said insolvency proceeding,
unless said sum of So and said additional
sum OF 10 cents for each of said notices be
paid.
The petitioner claims that it is the duty
Of the County Clerk to file said petition in
said insolvency proceeding and TO mail
and serve said notices without any addi-
tiOnal sum being paid therefor; that he is
benehcially interested therein, and is
without any plain, speedy or adequate
remedy in the ordinary course of the law
in the premises.
Wherefore the petitioner prays that an
alternative writ of mandate may be di-
rected to the said William B. Hamilton,
as County Clerk, commanding him to
forthwith file the aforesaid petition of
j. II. Moore in said insolvency proceed
ing, without further payment of fees or
costs than said sum of five dollars, al
ready paid, and to mail and serve the
copies Of the notice mentioned in Section
8 OF the ''Insolvent Act" without any
further charge or payment OF fees or
costs, and to do all such other acts and
things in connection Herewith as may be
necessary or proper in the premises and
for general relief.