Chap. 308.—An ACT to increase the Fees of Sheriffs and other Officers,
and to amend and re-enact the 13th section of chapter 180 of the Code
of: 1873.

Approved April 29, 1874.

1. Be it enacted by the general assembly, That section
thirteen of chapter one hundred and eighty of the Code of
eighteen hundred and seventy-three, be amended and re-
‘enacted so as to read as follows: |

“§ 13. For serving on’ any person a declaration in eject-
ment, or an order, notice, summons, or other process, when
the body is not taken, and making return thereof, fifty cents;
except, that the fee for summoning a witnesss, shall only be
twenty cents; for serving on any person an attachment or
‘other process, under which the body is taken, and making
return thereof, one dollar; for receiving a person in jail,
twenty-five cents: and s like sum for discharging bim there-
from; for carrying a prisoner, other than a prisoner arrested
for felony, to or from jail, each mile of necessasy travel, either
in going or returning, five cents; for taking any bond, sixty
cents; when a petit jury is sworn in court, for impanneling
and summoning such jury, one dollar; for serving any order
of court not otherwise provided for, fifty cents; when a jury
is summoned upon a writ of ad quod damnum, or any inquest
in vacation, for summoning them, one dollar; and for attend-
ing at the place of their meeting, one dollar; and if the jury
attend there, and a verdict or inquisition be found and re-
turned, two dollars: provided, however, that where more than
one writ of ad quod damnum is executed by the same jury,
in the same case, upon the same summons, the sheriff shall
have but one fee for summoning tho jury and attending at
their place of meeting, and shall be allowed but one dollar
additional for each additional inquisition found and returned;
for serving a writ of possession, one dollar and fifty cents;
for serving a writ of distringas on a judgment or decree for
personal property, if the specific things be taken, one dollar
and fifty cents; for keeping and supporting any person con-
fined in jail, for each day, forty cents; for search and return
of writ of distringas, where the property is not found, fifty
cents; for keeping and supporting any horse or mule dis-
trained or levied on, for each day, when stall-fed, twenty-five
cents; and for each day, when pastured, ten cents; for each
hog or head of horned cattle, per day, five cents; for each
sheep or goat, per day, three cents. The court of any county
or corporation may, at any time, fix or alter the rates to be
thenceforth paid, in such county or corporation, for keeping
and supporting any person in jail, or any horse, or live stock ;
but the rates so fixed or altered, shail never exceed those
hereinbefore mentioned. The officer shall be repaid any ne-
cessary expense incurred by him in keeping property not
before mentioned, or in removing any property; and when,
after distraining or levying, he neither sells nor receives pay-
ment, and either takes no forthcoming bond, or takes one
which is not forfeited, he shall, if in no default, have (in ad-
dition to the one dollar for a bond, if one was taken,) a fee
of three dollars: unless this be more than one-half of what
his commission would have amounted to, if he had received
payment, in which case he shall (whether a bond was taken
or not) have a fee of one dollar, at least, and so much more
as is necessary to make the said half. The commission to be
included in a forthcoming bond, when one is taken, shall be
five per centum on the first three hundred dollars of the mo-
ney for which the distress or levy is, and two per centum on
the residue of said money; but such commission shall not be
received unless the bond be forfeited or paid (ircluding the
commission) to the plaintiff; and of whatever interest may
accrue on such bond, or the execution or judgment thereon,
the officer shall be entitled to his proportionable share thereof,
on account of his fees incladed in said bond. An officer re-
ceiving payment in money, or selling goods, shall receive the
like commission of five per centum on the first three hun-
dred dollars of the money paid or proceeding from the sale,
and two per centum on the residue; except, that when such
payment or sale is on an execution on a forthcoming bond,

is commission shall be only half what it would be if the
execution were not on such bond.”

2. This act shall be in force from its passage.