Fees of Officers of State Courts.

faulting juror, 28. 4d.; for dawing an indictment for every suit so commenced and prosecuted to against a person presented by the grand jury, and bound over, 48. 8d.; for entering a nolle prosequi, 7d.; for attending at judges' chambers to take the affidavit of any person, in criminal cases, 4s. 8d.; for drawing an affidavit, or any other instrument of writing, per copy sheet, 3d.; for a subpoena in criminal cases, 1s. 2d. ; for retaining fee against persons indicted, 14s.

Attorneys' Fees.-On each cause commenced and tried in the superior or inferior courts, 188. 8d.; on each appeal prosecuted to judgment, except appeals from a justices' court, 18s. 8d. (where the defendant prevails, to receive the fee in lieu of the plaintiff's attorney).

Jurors' and Witnesses' Fees, in civil cases.—To the petit jury, for each cause tried, to be paid by the plaintiff, and taxed in the bill of costs, 4s. 8d.; to a special jury, for each appeal tried, to be paid by the appellant, and taxed in the bill of costs, 4s. 8d.; to each witness, per day, for his or her attendance, and for coming and returning, allowing thirty miles for a day, not allowing for more than three witnesses, to be paid by the person summoning the same, and taxed in the bill of costs, 3s. 6d.; the witnesses to have the same allowance in criminal cases, where the person prosecuted is found guilty.

judgment, including every service, to entering up satisfaction, 14s. ; for each appeal, if settled before verdict, 4s. 8d.; for each appeal, prosecuted to judgment, including every service, to entering up satisfaction. 98. 4d.; for every writ of subpoena and ticket, 7d.; for a writ of partition and lands, 14s.; for issuing a commission to examine witnesses, 48. 8d.; for making out letters of guardianship, and security taken, 4s. 8d.; for every order for the sale of land, and copy thereof, 28. 4d.; for recording any instrument of writing, per copy sheet, 64 cents; for each search, 7d.; for a certified copy of any record, per copy sheet, 3d.; for every foreclosure of mortgage, and recording proceedings, 48. 8d.; for every inquiry of title, respecting property levied on by the sheriff, and claimed by a third person, 4s, 8d.; for every tavern license, including every service therein, 48. 8d.

Fees of the Clerk of the Inferior Court.-For each cause settled before judgment, and each appeal to the superior court, 78.; for each copy of a writ, where there are more than one defendant, after the first copy, 2s. 4d.; for each cause commenced therein, and prosecuted to judgment, not appealed from, including every service, to entering satisfaction, 14s. ; for subpoena tickets, commissions, and letters of guardianship, and inquiries respecting property claimed, nonsuits, and any other service performed, the same fees as allowed to the clerk of the superior court; for each appeal, prosecuted to judgment, from a justices' court, 4s. 8d.; if settled by the parties, 2s. 4d.; including every service, to entering satisfaction.

STATE OF KENTUCKY. Table of Fees and Compensation allowed by law to the respective Officers and others, as hereinafter mentioned,

Attorneys-at-law in the Court of Appeals.-In every chancery cause, to be taxed in the bill of costs, $10; in every common law action, $5.

Clerk's Fees, in criminal cases. For every writ and seal, 1s. 2d.; for every panel of a jury, 1s. 2d.; for every order on a fine for a juror, (unless excuse made,) and entering the same, is. 2d.; for ordering a fine peremptory, entering and reading, 1s. 2d.; for copying the same for the attorney general, 18. 2d.; for fee on a writ of capias and seal, 1s. 2d.; for the clerk's attendance in hearing a motion in arrest of judgment, or at the judges' chambers on a petition preferred, or a habeas corpus, or to take the examination or information of any person, 38. 6d. ; for taking an examination, information, or affidavit, per copy sheet, six-and-a-quarter cents; for drawing a warrant, 18. 2d.; for a commitment or liberate, 18. 2d.; for taking an acknowledgment of bail before the judge, or in court, and drawing recognisance Note. These are the fees taxed, but no attorney thereof, 28. 4d.; for every subpoena ticket, 7d.; for is restrained from receiving or demanding more every indictment, if the criminal be found guilty, from his client; and the fees paid, in fact, are in 2s. 4d.; for every arraignment, or charging a de- the general not less than $20 in common law cases, fendant with indictment, if found guilty, 1s. 2d.; and $30 in chancery. Attorneys prosecuting for for entering a plea, 7d.; for calling a jury, 7d.; the Commonwealth are appointed in each county for clerk's attendance on every cause tried, 18. 2d.; by the courts thereof, the circuit court appointing for every sentence or judgment, and entering the an attorney to prosecute therein, the county court same, 18. 2d; for every copy of every indictment, also appointing their attorney; the allowance to or other paper, 4d.; for every copy of judgment each is at the discretion of the court annually, and to the sheriff and order thereon, 1s. 2d.; for call-varying according to the population, wealth, &c. ing a traverse, or discharging a recognisance, 18. 2d.; for recording the proceedings of a cause, per copy sheet, 64 cents; for every person acquitted by proclamation, 18. 2d.; for every search, 7d.; for a writ of dedimus potestatem, 4s. 8d.; for renewal of capias, 18. 2d.

Fees of the Clerk in the Superior Court, in civil cases. For every suit commenced therein, if settled before judgment, and each nonsuit, 78.; for each copy of a writ, where there are more than one defendant, after the first copy, 28. 4d.;

of each county, from $100 to 300. No fees are taxed for attorneys in criminal cases; in civil cases, where the State prevails, the same fees are taxed against the defendant for the use of the attorney for the Commonwealth as in other similar

cases.

To Sheriffs. For an arrest and return, 624 cents; for every bail bond, (by act of 1799, vol. 2 Brad. page 55,) 50 cents; for returning a capias non est inventus, 21 cents; for serving a scire facias, 31 cents; for serving any person with an order of

Fees of Officers of State Courts.

gas. 66 cents; to the sheriff of Franklin for attending the court of appeals, for each day, $4; to all public services of sheriffs, viz: attending courts of claims, empannelling grand juries, publishing writs of election, and his attendance thereat, serving all public orders and courts, and all other public and county services, a yearly sum not exceedthe county; and the sheriff shall lay before the court an account of his services, to enable them to judge of the quantum within the said limit.

To the Coroner.-For an inquisition on a dead body, to be paid out of the estate of the deceased if the same be sufficient, if not, by the county, $6; all other services rendered by him, the same fees as are allowed sheriffs for similar services.

Guards, summoned and attending, to secure criminals in jail are allowed, per day, 75 cents; for travelling to and returning from guarding any prisoner to the public jail, (the said guards furnishing themselves at their own expense.) per mile, 3 cents.

court, and making return thereof, 31 cents; for pillorying any person, 414 cents; for putting into the stocks, 21 cents; for ducking any person, 41 cents; for putting in prison and releasement, 414 cents; for serving subpœna in chancery, 31 cents; for serving subpoena for a witness in any cause in court, except summoned in court, 21 cents; for summoning an appraiser, auditor, viewer, or wit-ing $40, to be levied annually by the justices of ness to a deed, will, or writing, if required to be summoned, 21 cents; for summoning and empannelling a jury in every cause wherein a jury shall be sworn, $1 40; for summoning a jury in a criminal case, (act of 1802,) $1 50; for coming to and attending the district court with the venire, and return of the venire facias, the same as is allowed to a venire man, (to be paid by the public;) and for attending the district court with stolen goods, where there is no venire man, the same, $1 04; for summoning the justices of the county, attending a court of oyer and terminer, for the examination of a criminal, $4 17; for removing every criminal from any county jail to any public jail, for every mile, 12 cents; for every horse impressed for that purpose, for each day. (act of 1802,) To the Clerk of the Court of Appeals.-For 25 cents; for removing a debtor by habeas corpus every writ of dedimus potestatem, 371⁄2 cents; for from any county jail to any public jail, for every taking bond, issuing supersedeas, 43 cents; for mile, 4 cents; for executing a condemned person, entering the appearance of either party in person and all fees incident, $5 21; for summoning a or by attorney, 16 cents; for every rule entered jury upon any inquisition, survey, writ of dower, on the rule docket, 16 cents; for copy of every or partition, if the jury appear, $3 12; and if rule, 16 cents; for entering every continuance on the jury do not appear, $1 56; for making a re- the court docket, 25 cents; for administering an turn of a writ of dower, partition, or in nature of oath or affirmation in court, 16 cents; for enteran ad quod damnum, $1 041; for each day's at- ing every judgment, 25 cents; for copy thereof, tendance on a jury in the country after they are 16 cents; for entering every decree, 50 cents; for sworn, or attendance on a surveyor when ordered copy of the same for every twenty words, 2 cents; by the court, $104; for serving a writ of habere for filing record upon an appeal, writ of error, or facias possessionem or seisinam, 63 cts; for serving supersedeas, 25 cents; for copy of such record, a declatation in ejectment, if against one tenant, for every twenty words, 2 cents; for taxing the 63 cents; if more than one, for every other ten- costs in any action or suit, and a copy thereof, 35 ant, 31 cents; for whipping a servant, to be paid cents; for every order to a witness for attendance, by the owner, and repaid by the servant, 41 to be charged to the party against whom such cents; for whipping a free person by order of court, order goes, 16 cents; for copy thereof, 16 cents; to be paid by such person, 414 cents; for whipping for attachment thereon, 16 cents; for every order a slave by order of court, to be paid by the public, in court, 25 cents; for recording a deed where 414 cents; for selling a servant at public outcry one tract of land only is conveyed, taking the acby order of court, and all fees incident, 414 cents; knowledgment or proof thereof, and certifying the for keeping and providing for a debtor in jail, each same, $1; for every tract more than one contained day 21 cents; for keeping or providing for a run-in such deed, 25 cents; for recording each certiaway or criminal in jail, each day, to be paid by ficate annexed to, or endorsed on such deed, when the public, 18 cents; for serving an execution, if offered to be recorded, 16 cents; for a copy of any the property be actually sold, or the debt paid, or deed, three-fourths of the fee for recording the where the sheriff shall have taken bond for the same; for recording a deed concerning slaves or delivery of property, which, if not complied with personal matters only, $1; for a copy thereof, 75 at the day of sale, five per centum on the first hun- cents; for recording a letter of attorney, 75 cents; dred pounds, and two per cent. on all sums above for a copy thereof, 50 cents; for recording a bond that; and where he shall have levied an execution, with condition other than for the performance of and the defendant shall have replevied, or where, covenants, 75 cents; for a copy of a bond with under the same circumstances, execution is stopped condition, 50 cents; for a search for anything by injunction, writ of error. or supersedeas, by above one year's standing, and reading the same order of the party for whom it is issued, one-half over, or any part thereof, if required, 16 cents; the above commissions; for serving an attach- for docketing every cause to be charged but once, ment on the goods exceeding three pounds, if sold, 16 cents; for every other service of the clerk a the same fee as for serving an execution-where reasonable compensation shall be made by the the goods do not exceed that value, or are not sold, party, to be determined by the court, according to 63 cents; for every garnishee summoned on at the equity of the case, and a regard to the fees tachment, 21 cents; for serving a writ of distrin- herein allowed; for recording or transmitting a

Fees of Officers of State Courts.

Fees of Officers of State Courts.

claim their attendance in more than one cause for the same attendance, though summoned in several cases; not more than three witnesses for proof of any one fact, to be taxed in the bill of

costs.

FRANKFORT, KENTUCKY, Dec. 14, 1807. SIR: The foregoing is a table of fees allowed by law in this State, extracted and compared with the different laws upon the subject.

Whilst the subject of fees and costs of judicial proceedings is before the Congress of the United States. it may not be unavailing to mention that the subject of costs in actions prosecuted on behalf of the Government, where such actions are unsuccessful, has produced much perplexity in the federal courts of this State, and the clerk's fees in particular. By the State regulations, all fees for public services in criminal and civil case, are included (some few services excepted) in a gross allowance to officers of courts for ex officio

a

ment or indictment, together with charging the prisoner and entering his plea, 60 cents; for the court at which the cause is determined, including all services in entering judgment, $1 60; for every subpoena, if not more than four witnesses inserted, 20 cents; for every execution and order of sale, and all services in issuing, taxing costs, and receiving return for the same, 40 cents; for every scire facias for bail, all services thereon, 80 cents; for a copy of a record of any cause when demanded by either party, 60 cents; for every recognisance, 20 cents; for every order or rule of court, made on a matter foreign to a suit depending, and a copy thereof, 24 cents; for searching a record out of court, ten cents; for a commission to take examination of witnesses on any cause depending, or to take examination of a feme coverte, and all serto examine and return the bounds of land, 80 cents; vices thereon, 20 cents; for a special venire facias for a special verdict, demurrer, or motion in arrest of judgment and argument thereon, 40 cents; for services, to be certified by the courts, not exceeding a limited sum; in misdemeanors, the prosecutor writ of error, certiorari or appeal, with a tranmust be named at the foot of the indictment or pre-script of the record, and all services, $1 60; for sentment, and is liable for costs if unsuccessful, making certificates of witnesses and jurors' attenand may, at the discretion of the court, be compelled dance, 6 cents; for each security taken in issuing to give security for costs; if the prosecution suca writ, 20 cents; for recording such bond, with ceeds, the costs are taxed against the prosecuted. security, 20 cents. To Clerks and Masters in Equity.-For a reWitnesses in criminal cases of felony are paid by the Commonwealth, but in all cases must look to port on an answer, 40 cents; for a report on a plea, the prosecuted or prosecutor as the case may be. and answer, 40 cents; for a report on a demurrer, The claims of clerks, marshals, and witnesses, and answer, 40 cents; for an affidavit to a bill or upon many prosecutions in this State which have for a copy, by the office copy sheet, 25 cents: for answer, 25 cents; for a separate affidavit, 25 cents; ended unsuccessfully, particularly in cases arising under the late excise laws, are very considerable, a report stating an account, one per cent. on the and, indeed, remain as yet undecided to a consid- amount of each act exhibited, if under £200, if erable extent. What alteration or definite declar-over, one half per cent.; for copies of proceedings ation of Legislative will in this respect, or whether any is necessary, I submit to your better experience as the Attorney General of the United States. Believe me, sir, it will, at all times, be pleasing to render you, as an officer of the Government. or individually, any assistance in my power. am, sir, very respectfully, your fellow-citizen. GEO. M. BIBB. C. A. RODNEY, Esq.

STATE OF TENNESSEE.

List of Fees due to the different Officers in Tennessee. To Attorneys. For each suit in chancery, $12 50; for each suit in the superior courts on the law side, $6 25; for each suit originally commenced in the county courts, $2 50; for each suit taken to said county courts by appeal, $1 25.

To the Attorney General. For each bill of indictment, in Supreme Courts, (true bill,) $3 00; for each bill of indictment, in Supreme Court, (ignoramus) $1 25.

Toclerks of the Supreme Court.-Forevery leading process returnable to the first court, including all services thereon, together with dismission or final judgment, (if either happen) $100; for every continuance or reference of every cause after the second court, including all fees for every necessary service, 40 cents; for entering every present

and exemplifications, (copy sheet,) 25 cents; for copies of bills or answers, (by copy sheet,) 25 Cents; for every injunction, $1 50 cents; for every subpoena to answer writ or other leading process, $125; for every scire facias, 75 cents; for enterIng a plea or demurrer, 25 cents; for recording depositions to perpetuate testimony, by copy sheet, 35 cents; for every rule given for service, 25 cents; for every rule not for service, 15 cents; for every dedimus potestatem, 50 cents; for commissioners to take the affidavits of parties to an answer, $1 00 for every subpoena for witnesses (each witness,) 25 cents; for every order of publication, $1 00; for entering every issue of fact, and every service attending the trial by jury, $1 00; for each security for pros cution of a suit, 25 cents; for recording prosecution bond, 15 cents; for drawing decrees by the copy sheet, 25 cents; for enrolling same, by copy sheet, 25 cents; for drawing deed of conveyance, when decreed "for parties to convey the right," reciting suit &c. $200, for every notice issued not for publication, 25 cents; for searching the record out of court, 25 cents; for every continuance after first court, 25 cents.

To Sheriffs. For every bail bond, 25 cents; for serving a copy of a declaration, 75 cents; for serving a subpoena, on each person, 25 cents; for pillorying a person, 50 cents; for each arrest on process, $1 00; for an attachment, the same as for an arrest; if additional trouble, to be taxed by

Fees of Officers of State Courts.