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.