ther shall the clerk tax any fee in the bill of cofts for entering more than one attorney, although cofts fhall be adjudged against the adverfe party. a

FOR all public fervices of the clerk, viz. entering and iffuing copies of orders for appointing furveyors of high ways, appointing conftables, grand juries, taking a lift of tithables, entering guardians accounts, and all matters relating thereto; binding out poor orphans, and appointing guardians, entering the levy and copies thereof, and of the lift of tithables for the collector, and for entering and iffuing the orders, except againft guardians, where they shall ftand out in contempt (to be charged to fuch guardian) and iffuing the orders for recommending theriffs and juftices, and for procelfioning, and all other public fervices for which no particular fee is allowed, to be levied annually by the juftices of the county,

Dols. Cts.

25 0

V. AND where a motion or fuit fhall be inftituted against any perfon or In fuits or motions s perfons for money due to the public, in the name of, or by the perfon authori- gainst public debtors. fed by law fo to do, and judgment fhall be recovered against him, her, or them, the clerk of the court wherein fuch motion or fuit fhall be inftituted, fhall and is hereby required to charge all the fees accruing thereon, to the perfon or perfons against whom fuch judgment fhall be obtained.

VI. NO county court clerk fhall charge any fee for making up a complete In what cafes county record, unless it be in caufes where the title or bounds of lands are determined, urt clerks may charge fets for making up or where he is to tranfmit the transcript of the record of any caule to the office of a fuperior court upon appeals, writs of error, fuperfedeas, habeas corpus, or

certiorari.

complete records.

VII. AND to the end all perfons chargeable with any of the fees aforefaid, Fee bills to be produced may certainly know for what the fame are charged, Be it further enacted, That none of the fees herein before mentioned, fhall be payable by any perion whatfoever, until there fhall be produced, or ready to be produced unto the perfon owing or chargeable with the fame, a bill or account in writing containing the particulars of fuch fees, figned by the clerk or officer to whom fuch fees fhall be due, or by whom the fame fhall be chargeable refpectively; in which faid bill or account, fhall be expreffed in words at length, and in the fame manner as the fees aforefaid are allowed by this act, every fee for which any money or tobacco is or shall be demanded.

To the Sheriff or Serjeant,

(as the cale may be.)

For an arreft, bond, and return,

For returning a capias, non eft inventus,

For ferving a feire facias,

For ferving any perfon with an order of court, and making return thereof,

For pillorying any perfon,

For putting into the stocks,

For ducking any perfon,

For putting in prifon and releasement,

For ferving a fubpana in chancery,

For ferving a fummons upon a petition for debt, detinue, assumpfit, or

trover,

For ferving a Subpæna for a witnefs in any caufe in court, except

fummoned in court,

For fummoning an appraifer, auditor, viewer, or witnefs to any deed,
will, or writing, if required to be fummoned, but not elfe,
For fummoning and impannelling a jury, in every cause wherein a
jury fhall be fworn,

For coming to and attending the district court with the venire, and
return of the venire facias, the fame as is allowed to a venire man,
(to be paid by the public) and for attending the district with stolen
goods where there is no venire, the fame

For fummoning the justices of the county and attending a court for
the examination of a criminal (to be paid by the public,)
For removing of every criminal from the county jail to a district jail,
for every mile,

(a)

-1790:

For executing every condemned perfon, and all fees incident (to be
paid as aforefaid,)

218 IN THE SEVENTEENTH YEAR OF THE COMMONWEALTH:

For removing a debtor by babeas corpus from the county jail to a
diftrict jail, for every mile,

For fummoning a jury upon any inquifition, furvey, writ of dower,
or partition, if the jury appear,

And if the jury do not appear,

For making a return of a writ of dower, partition, or in the nature
of an ad quod damnum,

For every day's attendance upon a jury in the country after they are
fworn, or attendance upon a furveyor, when ordered by the court,
For ferving a writ of habere facias feifinam, or habere facias poffeffionem,
For ferving an attachment upon the body,

For ferving a writ of diftringas iffuing from a judgment in detinue
when the specific thing fhall be taken,

For ferving a declaration in ejectment, if against one tenant,
And if against more tenants than one, for ferving the declaration on
every other tenant,

I 5
O 63

For whipping a fervant, to be paid by the owner, and repaid by the
fervant,

42

For whipping a free person by order of court (to be paid by fuch per-
fon) the fame,

No fees to be charged to the defendants in prefentments, if acquitted.

For whipping a flave by order of court, to be paid by the county,
and repaid by the public,

For taking a bond or bonds to the creditor under the act, intituled,
"An act for reducing into one, the feveral acts concerning executions,
"and for the relief of infolvent debtors." a

For proceeding to fell on any execution on behalf of the common-
wealth, or of any individual, if the property be actually fold, or
the debt paid, the commiffion of five per centum on the first three
hundred dollars, or ten thousand pounds of tobacco, and two per
centum on all fums above that, and one half of fuch commiffion
where he fhall have proceeded to fale, and the defendant fhall have
replevied, and no other commiffion, fee, or reward, fhall be allowed
upon any execution, except for the expenfe of removing and keep-
ing the property taken.

For ferving an attachment, or for making diftrefs upon the goods ex-
ceeding ten dollars, if fold, the fame fee as for ferving an execution,
where the goods do not exceed that value, or are not fold,
For every garnifhee fummoned on fuch attachment,
For executing any writ of diftringas or attachment on a decree in chan-
cery, the fame fee or commiffions upon the amount of the value of
the goods and chattels recovered, or money mentioned in fuch de-
cree as is by law allowed for ferving any other execution.
For ferving and returning a general or diftrict court writ, fummons
or order, where the fame is not comprehended in any of the fore-
going articles,

For making a proclamation as the law directs, in proving of wills or
proceeding to outlawry,

For felling a fervant at publie outcry by order of court, and all fees
incident,

For keeping and providing for a debtor in jail, each day,
For ferving a juftice's warrant,

For fummoning a witness before a juflice,

For all public fervices of the fheriff, to wit, attending the courts of
claims, impannelling grand juries, publishing writs for electing de-
legates or fenators, and attendance, ferving all public orders of
court (except againft guardians where they fhall ftand out in con-
tempt, to be charged to fuch guardian) and all other public and
county fervices, to be levied annually by the juftices on the county, 25 c
VIII. AND when any perfon or perfons prefented by the grand jury, or
profecuted by the overfeers of the poor, fhall be difcharged of fuch prefent.
ment or profecution, the clerk, attorney for the commonwealth, and sheriff, shali
(c) 1788, ch. 77, fec. 4. (b) 1791, ch 3, fec. 7