things at such time in each year as they shall think convenient, either
at their
court in course, or an adjourned court.
XXVII. And, whereas
some of the county courts may stand adjourned to a
period subsequent to the time above specified for holding said court,
Be
it
enacted, That the said courts,
so adjourned, shall and they are hereby adjourned
to the Monday next preceding the days above mentioned for holding the
said
courts respectively.
XXVIII. And,
as a fund towards payment of the above annual sums to the
chief justices of the several districts, Be
it enacted, That the following taxes shall
be paid on the following process and proceedings in the county courts
of this
state, to wit: On every writ of ejectment, partition or dower,
one dollar; on
every writ of trespass quare clausum fregit, seventy-five cents;
on every other
original writ, twenty-five cents; on every appeal, writ of error, habeas
corpus,
cum causa, or certiorari, one dollar; on every commission
to mark and bound
lands, one dollar.
XXIX. And be
it enacted, That the said taxes shall be paid to the clerks of
the respective counties at the time of issuing the said process or
commissions, or
of entering the said appeals, or producing the said writs of error,
habeas
corpus,
or certiorari, by the persons applying for the said process
or commissions, or desiring
the said appeal to be entered, or producing the said writs of error,
habeas
corpus or certiorari, and shall be allowed and taxed
in the costs of suit; and
the clerk of every county shall, every six months, settle his accounts,
on oath or
affirmation, with the treasurer of his shore, and shall pay the sum
adjusted to
the said treasurer, for the use of the chief justice of his district,
within thirty
days after such settlement, on the penalty of paying twenty per
cent. on
the money in his hands; and every county clerk may retain at the rate
of three
per cent. for his trouble in receiving and paying the said fees
according to this
act.
XXX. And be it
enacted, That the justices of the peace for the several counties,
at the time of laying their county assessment for the year seventeen
hundred
and ninety-seven, and every year thereafter, shall ascertain the amount
of the
money collected in their county from the tax herein before imposed,
by a certificate
from the clerk of their county, and thereupon the said justices, after
deducting the sum so paid by their clerk, shall lay such sum on their
county
as will make up the deficiency of the sum payable by their county as
aforesaid
towards the annual allowance to the chief justice of their district,
and the aforesaid
commission for collection; and if there shall be any surplus of the
money
paid into the treasury by the clerk of any county, beyond what will
pay the
quota of such county, the said surplus shall be applied to the use
of the said
county.
XXXI. And,
whereas the office and duties of justices of the peace are considerably
increased in the several counties of this state, and it is reasonable
that
every person who dedicates his time or labour to the public should
receive a reasonable
and adequate compensation for his services, Be
it enacted, That it shall
and may be lawful for the said justices of the peace, and associate
justices, in
the several counties of this state, to ask and receive the fees allowed
and limitted
by this act, for services expressed in the following table, and such
fees shall be
taxed and paid by the party against whom judgment shall be rendered,
to wit:
For issuing a warrant for debt, twelve and an half cents; for every
summons,
including all the witnesses applied for at the same time, twelve and
an half cents;
venire to summon freeholders, twenty cents; capias ad satisfaciendum,
twelve and
an half cents; fieri facias, twelve and an half cents; scire
facias, twelve and an
half cents; recognizance for defendant's appearance, twelve and an
half cents;
supersedeas of judgment in the general court or county court, each
justice twelve and
an half cents; every oath or affidavit, six cents; probate of account,
six cents;
every judgment rendered, twelve and an half cents; commitment, twelve
and an |
CHAP.
XLIII.
Courts adjourned,
&c.
Taxes on
process.
To be paid to
the clerks,
&c.
Justices to ascertain
the
amount, &c.
Fees to justices. |