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ture, twenty-five cents; for recording or copying any payer in a foreign language, double the fees as when in English; no map or plat shall be recorded exceeding in size two folios of the usual sized records; for preparing the abstract of unsatisfied mortgages required for the board of equalization, for each, twenty-five cents.

For filing annual statements of mining corporations, sec. 1331.

See citation from Davis v. Thompson, 1 Nev. 17, under recorders, sec. 1632.
Cited, State ex rel. Grimes v. N. T. G. & T. Co., 29 Nev. 60.

1997. Sheriffs.

SEC. 5. The fees allowed to sheriffs in the counties of this state [polling 800 votes or less] shall be as follows: For serving a summons or complaint, or any other process by which an action or proceeding is commenced, on every defendant, two dollars; for traveling in making such service, per mile, in going only, to be computed in all cases from the court house of the county, fifty cents for the first ten miles, and for each and every additional mile, forty cents; provided, that if any two or more papers are required to be served in the same suit, at the same time, where parties live in the same direction, one mileage only shall be charged; for taking bond, or undertaking in any case in which he is authorized to take the same, one dollar and fifty cents; for copy of any writ, process, or other paper, when demanded or required by law, for each folio, thirty cents; for serving every notice, rule, or order, one dollar; for serving a subpena, for each witness summoned, fifty cents; for traveling, per mile, in serving such subpena or venire, in going only, fifty cents for the first ten miles, and for each and every additional mile, forty cents; but when two or more witnesses or jurors live in the same direction, traveling fees shall be charged only for the most distant; for serving an attachment on property, or levying an execution, or executing an order of arrest, or order for delivery of personal property, three dollars, together with traveling fees, as in cases of summons; for serving an attachment on any ship, boat, or vessel, in proceedings to enforce any lien thereof created by law, five dollars; for making and posting notices and advertising for sale on execution or under any judgment or order of sale, not to include the cost of publication in a newspaper, two dollars; for commissions for receiving and paying over money on execution or process, where lands or personal property has been levied on, advertised, and sold, on the first five hundred dollars, four per cent; not exceeding one thousand dollars, but over five hundred dollars, two per cent; on all over one thousand dollars and not exceeding fifteen hundred dollars, and on all sums above that amount, one per cent; for commissions for receiving and paying over money on execution without levy, or when the lands or goods levied on shall not be sold, on the first thousand dollars, one per cent; on all over that sum, one-half per cent; the fees herein allowed for the levy of an execution, for advertising, and for making and collecting money on an execution, shall be collected from the defendants by virtue of such execution, in the same manner as the same may be therein directed to be made; for drawing and executing every sheriff's deed, to be paid by the grantee, who shall, in addition, pay for the acknowledgment thereof, five dollars; for serving a writ of possession, or restitution, putting any person into possession entitled thereto, five dollars; for traveling in the service of any process not herein before mentioned, for each mile necessarily traveled, for going only, fifty cents for the first ten miles, and for each and every additional mile, forty cents; for attending, when required, on any court, in person or by deputy, for each day, to be paid out of the county treasury, five dollars; for bringing up a prisoner on habeas corpus to testify or answer to any court, or for examination as to the cause of his arrest and detention, or to give bail, two dollars; he shall also be allowed further compensation for his trouble and expense in taking

possession of property under attachment or execution or other process, and of preserving the same, as the court from which the writ or order may issue shall certify to be just and reasonable; for holding each inquest or trial of right of property, when required, to include all services in the matter except mileage, ten dollars; for attending on the supreme court, either in person or [by] deputy, to be paid out of the state treasury as other claims, for each day, eight dollars; for every arrest in a criminal proceeding, three dollars; for serving each subpena in criminal cases, fifty cents; for executing every sentence of death, fifty dollars; for summoning a grand jury of twenty-four persons, fifteen dollars; for summoning each trial jury of twelve persons, six dollars; for each additional juror, fifty cents; for service of any process in [a] criminal case, the same mileage as in civil cases; in serving subpenas or venire in criminal cases, he shall receive mileage for the most distant only, where witnesses and jurors live in the same direction; for all services in justices' courts, the same fees as are allowed to constables. As amended, Stats. 1875, 147.

As to duties of sheriff in regard to charg ing for service of summons, collection for mileage and posting of notices, see Feusier v. Virginia City, 3 Nev. 58.

For fees of sheriff and other officers in ease of a criminal case transferred from one county to another, see Washoe Co. v. Humboldt Co., 14 Nev. 123, 130, 131.

A sheriff is not authorized to withhold money for his expenses incurred in preserving personal property levied upon, unless his charges have been certified to by the district judge as just and reasonable. Nash v. Muldoon, 16 Nev. 409.

The county from which a criminal case is transferred is liable for the fees of the sheriff in summoning a jury upon a special venire for that particular case. Washoe Co.

v. Humboldt Co., 14 Nev. 123.

When a venire is issued to a sheriff for thirty jurors, and he finds only twenty-four: field, that he was entitled to his fees "for

1998. Coroners.

miles actually traveled in attempting to find and serve jurors whose names appeared upon the venire, but who could not be found and served." Idem.

The sheriff is not entitled to any compensation for bringing the defendant into court during the trial. Idem.

The sheriff is entitled to five dollars for each day's attendance. He cannot charge extra for a night session. Idem.

The sheriff is not authorized by the statute to serve a subpena upon witnesses residing in any other county, except it is within the same judicial district. Idem.

If a sheriff, for the sake of obtaining employment, agrees in advance to render official services for a party to a suit, and to receive nothing unless such party recovers in the action, he will be bound by his agreement and cannot recover his fees without showing that such party did recover in the suit. Baker v. McLeod, 14 Nev. 148.

SEC. 6. The fees of coroners [in counties polling 800 votes or less] shall be as follows: For all services in summoning a jury of inquest, three dollars; for swearing a jury, fifty cents; for issuing warrant of arrest, seventy-five cents; for issuing subpena to each witness, twenty cents; for each mile necessarily traveled in going to the presence of the dead body, twenty-five cents; for swearing each witness, twenty cents; for taking down testimony, per folio, twenty cents; for each day necessarily employed in holding an inquest, five dollars. All of said fees shall be paid out of the county treasury as other demands. For all services by him while acting as sheriff, the same fees as are allowed to sheriffs for similar services. As amended, Stats. 1893, 24. 1999. Constables..

SEC. 7. The following fees shall be allowed to constables [in counties polling 800 votes or less]: For serving summons or other process by which suit is commenced in civil cases, one dollar; for summoning a jury before a justice of the peace, two dollars; for taking a bond or undertaking, one dollar: for serving an attachment against the property of [a] defendant, two dollars; for serving subpenas, for each witness, twenty-five cents; for summoning and swearing a jury to try the rights of property, and taking the verdict, two dollars; for receiving and taking care of property on execution, attachment, or order, his actual necessary expenses, to be allowed by the justice who issued the execution, upon the affidavit of the constable that such charges

are correct, and the expenses necessarily incurred; for [a] copy of any writ, process, or other paper, when demanded or required by law, per folio, thirty cents; for drawing and executing every constable's deed, to be paid by the grantee, who shall also pay the acknowledgment thereof, five dollars; for each certificate of sale of real estate under execution, one dollar; for collecting all sums on execution, to be charged against the defendant in execution, two per cent; in levying an execution or executing an order of arrest in civil cases, or order for the delivery of personal property, with traveling fees as for summons, two dollars; for making and posting notices, and advertising property for sale on execution, not to include the cost of publication in a newspaper, two dollars; for mileage in serving summons, attachment, execution, order, venire, subpena, or other process in civil cases, for each mile necessarily traveled, in going only, fifty cents for the first ten miles, and for each and every additional mile, forty cents; provided, that when two or more persons are served in the same suit, mileage shall only be charged for the most distant, if they live in the same direction; for service and travel in criminal cases, the same fees as are allowed sheriffs for like services; for all other services, except for attending court, the same fees as are allowed sheriffs for similar services. As amended, Stats. 1875, 149.

The above section does not apply to Ormsby, Humboldt, Elko nor Eureka Counties. See Stats. 1885, 129; 1887, 76.

2000. Witnesses.

SEC. 8. Witnesses required to attend in any of the courts of this state [in counties polling 450 votes or less] shall be entitled to the following fees: For attending in any civil suit or proceeding, before any court of record, referee, commissioner, or justice of the peace, for each day, three dollars; for traveling to the place of trial, fifty cents per mile; provided, that no person shall be obliged to testify in a civil action unless his fees and mileage have been tendered him, or he shall not have demanded the same; and provided further, that no person shall be obliged to testify in a civil action unless his fees have been tendered him, if he shall demand the same, for mileage and one day's attendance; for each subsequent day's attendance the witness is entitled to demand, in advance, his fees from the party in whose favor he has been subpenaed, and in case of refusal, is exonerated from further attendance; witness fees, in civil cases, shall be taxed as disbursement costs against the defeated party, upon proof, by affidavit, that the disbursements have actually been made; costs shall not be allowed for more than two witnesses to the same fact or series of facts, nor shall a party plaintiff or defendant be allowed any fees for attendance as a witness in his own behalf. This provision shall be held to apply to courts of justices of the peace, as well as to all other courts and judicial proceedings. For criminal cases, no witness fees shall be allowed.

See sec. 2043.

Fees for mileage or attendance of the opposite party's witnesses cannot be taxed, and judgment therefor entered against the losing party, when such witnesses have not been subpenaed in the case according to law, or sworn or examined, although present in

2001. Jurors.

court at the request of the successful party. (Hawley, C. J., dissenting.) Meagher v. Van Zandt, 18 Nev. 230-236 (2 P. 57).

Cited, Philips v. Eureka Co., 19 Nev. 349 (11 P. 32).

SEC. 9. Fees shall be allowed to jurors [in counties polling 450 votes or less] as follows: For each day, to be paid in civil cases by the party in whose favor the verdict is rendered, but to be recoverable as costs from the losing party, three dollars; excepting in justice's courts, when the fee shall be two dollars. If, in any trial in a civil action, before any court, the jury be from any cause discharged without finding a verdict, the fees of such jury shall be

paid by the plaintiff, but may be recovered back as costs if he afterward obtain judgment; until they are paid, no further proceedings shall be had in the action. No person shall receive any fees for serving as a juror on a coroner's inquest. No fees shall be allowed to grand or trial jurors in criminal cases.

See sec. 2043.

trial of a criminal case, and they reside within five miles of the court house. Thornburg v. Hermann, 1 Nev. 473.

NOTE-See sec. 2476, as amended, Stats. 1909, 321. The act of 1871, 56, relating to the fees of jurors and requiring the auditor to draw his warrant on the treasurer therefor upon the certificate of the clerk showing the amount due, is peremptory, and admits the exercise of no discretion on the part of the auditor. Gillette v. Sharp, 7 Nev. 245.

Jurors are entitled to compensation for the time they are in attendance on the court, whether impaneled for the trial of causes or not, except when they are impaneled in the

2002. County auditors.

A juror's claim for fees on the certificate of the clerk should be audited like any other demand against the county. Idem.

The county from which a criminal cause is transferred is properly chargeable for one day's attendance of each juror present on the first day of the trial of the case. Washoe Co. v. Humboldt Co., 14 Nev. 123.

SEC. 10. The fees of county auditors [in counties polling 800 votes or less] shall be as follows: For filing treasurer's receipts and issuing licenses, to be paid by the party, fifty cents; the county auditor shall receive for all services rendered by him in the discharge of the duties imposed on him by law, other than those especially enumerated, for each folio, thirty cents; for filing and indorsing each paper, twenty-five cents, except the property schedule rendered him by the assessor, for which he shall receive no fees. [Sec. 11 (judges and clerks of election) superseded, sec. 1620.]

2003. Justices of the peace.

SEC. 12. Justices of the peace [in counties polling 800 votes or less] shall be allowed the following fees for their services: For filing each paper, twenty-five cents; for issuing any writ or paper, by which suit is commenced, one dollar; for entering cause in docket, fifty cents; for subpena to each witness, twenty-five cents; for administering oath or affirmation, twenty-five cents; certifying to the same, twenty-five cents; for issuing writ of attachment or arrest, or order for the delivery of property, two dollars; for entering any final judgment, per folio, for the first folio, one dollar; for each additional folio, fifty cents; for taking and approving any bond or undertaking, required by law to be taken or approved by him, one dollar; for issuing a venire, one dollar; for taking deposition, per folio, twenty-five cents; for issuing commissions to take testimony, one dollar; for copy of any judgment, order, docket, proceeding or paper in his office, per folio, twenty-five cents; for entering satisfaction of judgment, fifty cents; for issuing execution, one dollar; for taking acknowledgments of deeds or other instruments, including certificates, for the first name, one dollar; for each subsequent name, twenty-five cents; for issuing supersedeas to an execution, one dollar; for making up and transmitting transcript and paper on appeal, two dollars; for issuing search warrant, one dollar; for celebrating marriage and returning certificate to the recorder, five dollars; for issuing writ of restitution, one dollar; for all services and proceedings in a criminal action, the same fees as are allowed in civil cases, but in no case shall there be a charge against the county exceeding in any one case the sum of ten dollars; provided, that in preliminary examinations in criminal cases, the justice of the peace, sitting as a committing magistrate, shall be allowed, in addition to other fees allowed by law, fifty cents for the first folio, and twenty-five cents for each additional folio; for taking bail after commitment in criminal cases, to be collected from the defendant, one dollar; for entering any cause without process, one dollar; for entering judgment by confession, as in the district court, three dol

lars; for each motion, exception, rule, order, default, dismissal, discontinuance or nonsuit, and for filing each paper required to be filed, twentyfive cents. As superseded, Stats. 1867, 101; 1895, 20.

The act of 1867, 101, in so far as it relates to counties polling over 800 votes, is repealed by secs. 41 and 42 of the following act, but it is amended by act of 1895, 20, which latter act is given here.

The above section does not apply to Ormsby, Humboldt, Elko, nor Eureka Counties, see Stats. 1885, 129; 1887, 76.

Secs. 13 and 14 identical with secs. 14 and 15 of following act.

2004. Notaries public.

SEC. 15. The fees of notaries public [in counties polling 800 votes or less] shall be as follows: For drawing and copying every protest for the nonpayment of a promissory note, or for the nonpayment or nonacceptance of a bill of exchange, draft or check, two dollars; for drawing and serving every notice of nonpayment of a promissory note, of the nonpayment or nonacceptance of a bill of exchange, order, draft, or check, one dollar; for drawing an affidavit, deposition, or other paper, for which provision is not herein made, for each folio, thirty cents; for taking an acknowledgment, or proof of a deed, or other instrument, to include the seal and the writing of the certificate, for the first signature, one dollar, and for each additional signature, fifty cents; for administering an oath or affirmation, twenty-five cents; for every certificate, to include writing the same, and the seal, fifty cents.

[Secs. 16-29, inclusive, are superseded by secs. 17, et seq., of the following act.] Where it is necessary to have a survey of the premises where the crime was committed, in order to properly present the case to the jury, the county commissioners are

authorized to allow a reasonable compensation for such survey. Washoe Co. v. Humboldt Co., 14 Nev. 123.

An Act to regulate fees and compensation for official and other services in the State of Nevada, and to repeal all other acts in relation thereto.

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SECTION 1. The several officers and persons named in this act may demand and receive for their services rendered in discharging the duties imposed upon them by law, the fees and compensation hereafter specified.

Cited, State ex rel. Love v. Elko Co., 21 Nev. 21 (23 P. 935).

This act contains but one general subject in conflict with Const. art. 4, sec. 17, (sec. and matter connected therewith, and is not 274, ante).

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