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About Oregon spectator. (Oregon City, O.T. [i.e. Or.]) 1846-1855 | View Entire Issue (July 9, 1846)
K 131 Oi BY AUTHORITY. 8HERIFFS FEES concluded. Each appraiser of real and personal estate per diem, and mileage, 9100 Each ball bond, replevin bond, or at. taohmont bond, -CO Collecting and paying over all sums, without sale, under 9200, four per cent.; with sale, seven per cent. Collecting and paying over all sums aliovo 200, with sale, fivo per cent.; without sale, three per cent. On each action, for opening the court, to bo charged once every term, and to bo paid by the plaintiff, and taxed against tho defen dant if plaintiff recover, . . .12J( The appearance of the plaintiff or do fendant, to be paid by tho party ap. pearing, and taxed in favor of the par ty recovering, Returning a writ "not served," for ev ery defendant, - Actual travelling in such case, for ev erv mile, going and returning, And for journeying out of his county into at laonea COUnues, eigin ucmn per nine. All copies of summons when required, for every 100 words, .... 12. Attending on the county court, to be paid out of the countv treasury, per day, - . - " - - .l.r)0 Attendance of as many of his deputies on the county court as may be requir ed by the court, to be paid out of the county treasury, per day, - -1 50 Taking bond for the prison limits, and procuring the approval of the justices thereto, Drawing a petition for a poor debtor to two justices, and giving notice there of to the plaintiff, with mileage, Serving notice of the order of the jus. tices to the plaintiff, with mileage, Bringing prisoner before the justices to take the benefit of the poor debtors' law, Receiving a prisoner on surrender by the bail, Taking a new bail and giving a bail piece, For keeping and providing for a crim inal in jail, or any other person coin ft . 'J.O 25 .0 mitted for a criminal offence, to be paid out of the treasury of the coun ty whore the offence may be commit. ted, per day 00 The sheriff shall receive for collecting re. venue ten per cent. And in no case shall travelling fees be charged by any officer, ex cept for tho number of miles actually tra veiled, going and returning only, as is pro vided by this act. FEES OF JUSTICES OF THE PEACE IN CIVIL CASES. For docketing a suit, each, 12 1 For a summons or a wa-rtnt, 25 Precept to summon a jury, - - 37$ Every subpoena, in which any number of witnesses may be inserted, 12 Swearing a jury, - - - - 25 Hearing a matter concerning which u jury is summoned, . - GO Receiving and entering their verdict, 12 Endorsing any warrant issued from another county, .121 For taking and certifying the acknow. ledgment of any instrument which is required to be acknowledged before a justice, 25 Administering an oath out of court, 12 Administering an oath and certifying tho same, 25 For swearing each witness, - 6 Entering judgment on trial, - - 25 Every other judgment, 12 Granting ana issuing execution, - 37 Every rule of reference, - - . 37 Every continuance or adjournment at the request of a party, .12 Rule to take depositions whero the wit ness is out of the territory, - - 00 Taking bail, recognizance or security, 37 Copy of the proceedings in any case when demanded for an appeal or any other purpose, per folio of 100 words, 12 Taking an examination, deposition, or confession, per folio of 100 words, 25 Granting certificate thereof, . . 12 EnterlrigdisconUnuanceoratisfa6tioa, 12 Entering amicable suit, .25 Transfer of judgment, - . .25 Opening of judgment alter default, . 12 Marrying, and making' return thereof, 2 00 For filing every paper, required to be filed with him, each; . 6$ For taxing a bill of wet . . . 12 issuing writ of attachment, - CO For holding inquisition in case of forci- bio entry and detainor, in addition to other fees, per day, - 2 00 Writ of restitution, including execn- tion for costs, .... 37 Recording the proceedings in such case, per folio of 100 words, . - 12 FEES OF JUSTICES OF THE PEACE IN CRIMINAL CASES. For n warrant, .... 25 Taking a recognizance, . 25 Commitment to iail 25 A search warrant, .... 37 Entering judgment for fine or punish ment, 25 Discharging a prisoner, - - - 12 Warrant for punishment, - - 18J Order of dischargo to tho jailer, - 25 And in all cases mileage (circular) - 0$ For other services the samo fees as in ci vil cases. CONSTABLES FEES IN CIVIL AND CRIM- INAL CASES. For serving a warrant or other writ not here in provided for, on each 'htsoii named there in, ........ 37 For a copy of every summons doliver. cd on request, or left at tho place of abode of defendant, - - - 12 Travelling for the service of process, computing from the place of service to the place of return, per mile. - 8 And when two Certificate of necessity for sulo of real estate, ...... Extending letters of administration, - Granting a reference of executors or administrators' account, or allowing report thereon, .... Disallowing application for lettors of administration or probato of will, to bo taxed against the party failing to sustain tho application, - Evory continuance, .... For the bonds upon letters of ndininis tration, or the appointment of a guar. (Man, Probato of will and letters tcstamen tary thereon, or letters of adminis tration, ..... Seal for the Name, .... Drawing a decree respecting the pro. bato of a will or codicil, Bond for the execution, A warrant to divide an intestate cstato among tho heirs, a warrant to set off the widow's dower, or u warrant to receive and examine the claims on an insolvent estate, Drawing a decreo on the settlement or partition of an estate, - A citation or summons for the first cr son named therein, Each other person named therein, Drawing an order of distribution, Drawing a quietus, 37 50 50 50 12 50 ior more persons are named in EnXct aml fi,ing a ravmt , and the travelling is in the Promrtioninganinsolvc.it est rittlt ttvsnco ouv... y.,, ..... v ............. .0 ... ..... Proportion,,,,, t same direction, iniicuge 10 ue uuuweu uniy , .r crc(ii.ol.- y state among irom 1 no niosi remote mace 01 service. rrn: . : Serving a sNibpama on each person named Ent tll0 ... of . oxccut0. 111 . . . .. - ' n 50 25 37 50 50 1 00 therein, and mileage, Serving 11 summons on each person, and mileage, Serving uu attachment, and mileage, -Posting up copy of attachment, for each copy, and mileage, For serving execution on body or goods, and mileage, .... Commitment to prison, and mileage, -Summoning a jury, -Attending upon a jury, On all sums niade on execution and paid over, to be charged upon the de- fendant, four per centum. Advertising and selling property, 1 00 Attending the county court when there unto warned, to bo paid out of the territorial treasury, each day, 1 00 The services, herein required to he perform, ed by the constable, when done by the sher iff, the same fees that arc allowed to the constable shall be allowed the sheriff, and 110 more. For notifying a plaintiff of the service of a warrant, and jmileage, - 12 FEES OF THE JUDGES OF PROBATE. For granting letters of administration when there is no litigation, - - -75 When contested, - . -1 75 Hearing complaint against spendthrift or lunatic, Appointing a guardian to minor, luna- tic, or spendthrift, And whh one guanliun is appointed to more than 0110 minor, lunatic, or spendthrift, the judge shall receive for each minor, lunatic, or spend thrift, after the first, Decreo for tho probate of a will when not contested, .... The same when contested, Decree for settling the estate of an in testate, Partition of real estate, Order of distribution, Examining and allowing an inventory, for the first page For each additional page, - Administering an oath to executor, ad. ministrator, or other person, Examining and allowing accounts of executors or administrators, not ex ceeding one page, .... For each additional pago of the same, A citation summons or process, - A quietus, Warrant to appraise or divide estates, Issuing commission to receive and ex. amine claims of creditors when an estate is represented to bo insolvent, Granting an appeal, .... Approving securities of an executor or administrator, .... Assignment of dower in real cstato, - Assignment of personal estate to wid ows, Appointment of trustees on partition of real estate, Order for sale of personal estate, '-a 25 50 75 175 75 75 75 25 12 12 50 12 25 50 37 50 50 25 25 37 25 25 administrator, or guardian, for ev cry hundred words, Entering an oath of an executor or ad- ministrator, Copies of papers when required, forev- ery one hundred words, . Seal to an exemplification, Recording wills, codicils, and the proof thereof, letters of administration, of guardianship, deeds, and other mat. tors, for every 100 words, f-And where any will, deed, or other matter, is iu any other than the En glish language, then for every sheet containing 1410 words, in addition, And when a, translation of any such I will, deed, or other writing, is requi- red, he shall be entitled to receive, for every 100 words, Anneal bond But no fee shall be demanded for taking from the files in his office, or transferring to the place of the sitting of the probate court such papers as are necessary in the settle ment of any estate or account in said court. And no fen shall be taken by the judge of probate in any case where it shall appcur, hy the oath or affirmation of any person apply ing for letters testamentary or of adminis. tration, that tho goods, chattels, and credits , of the testator or intestate do not exceed the value of fortv dollars. A SUBPtENA. Oregon Territory, county, ss. To In tho namo of Oregon territory, you arc huroby required to appear before tho un. dersigned, one of tho justices of the peace in and for said county, at , on tho day of , at of the clock in tho noon of said day, to give evidence in a certain cause then and there to be tried lctwecn plain tiff, and defendant, 011 the part of the (liven under my hand this day of 18 . E. F., Justice. A VENIRE FOR A JURY. Oregon Territory, county, ss. To any constable of said county. Iu the name of Oregon territory, you ure hereby communded to summon good and lawful men to Ihj and appear before tho undersigned, one of the justices of the peace in and for said county, 011 the day of present (or nc.it) at of tho clock in tho noon of said day, in the town of , to mnko a jury, for tho trial of un action of iielwecn plaintiff, and defendant. (Jiveii under my hand this day of 18 . (J. II., Justice. AN EXECUTION. Oregon Territory, county, ss. To nny constable of Haiti county. Whereas, judgment against , for the sum of ami eosts. lawful mo. 1 50 J ney of Oregon territory, was recovered the 12$ I day of , heforc the undersigned, one J of the justices of the peace in and foi iuid 75 1 county, at the suit of . These are there- 12 ! fore iu the name of Oregon Territory, I lo command you to levy distress, on the goods and chattels of the said (excepting such 12 .as the law exempts) and to make sale there. I of according to luw in such cases mude and 12 ; provided, to the amount of suid sums, togcth- I er with 37 J cents for this execution, and the 1 same return to me within 30 days. (Iicn un . der my hand this day of , 18 . 1 J. K.. Justice. 50 50 50 374 50 25 181 37 A 12.! 50 crmncATr. I, John E. Long, Secretary of Oregon Territory, do hereby certify that the foregoing "Act concerning coat and fee," U an accurately printed copy from the origi nal, truly and correctly reviaed by me, and now on filu in my office. J. E. LONG, Sec'y. Forms to be used by Justices of the Peace in Civil Cases. A SUMMONS. Oregon Territory, county, ss. To any constable in said county. In the name of Oregon territory, you arc hereby commanded to summon , if shall Iks found within your county, to bo and appear before tho undersigned, one of tho justices of tho peace in and for said county, on"" day of ,18 , at of the clock, in the noon, at , in tho said county, to answer the complaint of . Given un der my hand this day of , 18 . A. B., Justice. A WARRANT. Oregon Territory, county, ss. To any constable in said county. In the namo of Oreeon territory, vou are hereby commanded to take the body of it ho lie found within your county, and bring forthwith before the undersigned, or some other justice of the peace, in and for said county, at , in sajd county, to an swer the complaint of ; and you are also commanded to give due notice thereof to the Baid plaintiff. Given under my hand this day of , 18 . C. D., Justice. A WRIT OF ATTACHMENT. Orruon Territoru, rnuntv, ss. t To any t-otiMuhle of Mtid count) . 1 In the name of Oregon tendon, ou 'are commanded to attach ('. I). Iiy all and singular his goods, chattels, moneys, effect.-., I and credits, or so much thereof us shall lm , sufficient to satisfy the um of (the sum sworn to) with interest and costs of .suit, iu whosesoever hands or possession the same may he found in your county, and so provide, that the goods and chattels souttached, may ho subject to further proceedings thereon, as the law requires ; and also to summon the said C. D. if to ho found, to he and appear before me at my oflWe, iu the town of , on the day of ,1m .to an.su er unto plaintiff; and also that you summon a. garnishees all such persons found in your county, us may be directed by the plalntili or his agent to appear before the said justice at the time and place aforesaid, to answer such interrogatories as the justice moy pro K)und, and have vou then and there this writ. (jiven under my hand this day of , 1W . ' O. P., Justice. Forms lo be used in criminal jirqcred'mgs. Iu proceedings to prrvent the coimnimioa of oflVnerx. AFFIDAVIT. Oregon territory, county, ss. A. H. being duly sworn, says that M. N. of suid county, bus threatened lo kill him, tho suid deponent, or if the threat were to commit any other offence, either against A. It. or his property, let it he stated accordingly, and that he tho said A. B. verily believes that, unless measures aro taken to prevent him, there are sufficient grounds to apprehend that he will carry thoso threats into execution. Sworn to und subscribed this day of , A. D. 18 , before me. A. B. E. F. Justice of the peace. WARRANT. Oregon territory, county, ss. To the nheritTor any conrtaWe of said county : It having been made satisfactorily to ap pear to me, by the affidavit of A. B. land C. D. (if other affidavits were taken,) that M. N. has threatened to hern describe the oft fence threatened and there is sufficient rea. son to apprehend that, unless restrained; ha will carry those threats into execution. These are therefore, in the name of Oregon territo. ry, to command you that you arrest the said M. N., if he be found in your county, and bring him forthwith before me at my office in , or before some justice of the county aforesaid, to answer the charges against him. Given under my hand this day of, 18 . E. T. Justice of the peace.