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have notice of the contracts and debts of her husband, as fully as if a party thereto. (1869, c. 56, § 4.)

* 5. Desertion, etc., by husband or wife-proceedings to debar guilty party from interest in property of the other. Whenever a married man shall be deserted by his wife, or a married woman shall be deserted by her husband, for the space of one year, or whenever he or she would, for any cause, be entitled to a divorce from such husband or wife under the laws of this state, he or she may bring an action in the district court of the proper county, asking for a decree which shall debar him or her so deserting or furnishing grounds for a divorce, from any right or estate, by the curtesy or in dower, or otherwise, as the case may be, in or to his or her lands, and which will give such husband or wife, full authority to aliene, sell and convey, and dispose of his or her lands, without the interference of or signature of the husband or wife so deserting, or being guilty of acts which would entitle the person bringing such action to a divorce; and the court may grant such decree whenever it shall appear just or expedient; and thereupon the husband or wife shall have full control of his or her real estate, with power to convey the same without the husband or wife joining in the conveyance, and as fully as if he or she were unmarried; or the court may, by such decree, make such limitations on the power to convey such real estate as may seem meet and proper in the premises. A certified copy of such decree may be recorded in the deed records in the office of the register of deeds of any county wherever such lands, or any part thereof, may be situated. (Id. § 5, as amended 1874, c. 66, § 1.)

22 M. 348.

* 6. Ante-nuptial contracts-husband's liability for wife's torts. Nothing in this act shall be construed to affect ante-nuptial contracts or settlements, nor to exempt a husband from liabilities for torts committed by his wife. (Id. § 6.)

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1. Allowance of fees. For the services mentioned in this chapter, the fees hereinafter described are allowed:

FEES OF CLERKS OF DISTRICT COURTS.

§ 2. Schedule of fees. For issuing and sealing every writ, summons, subpoena or process, fifty cents.

Certified copy of such writ, when required, ten cents per folio, and twentyfive cents for certificate.

Entering the return of every writ and filing such writ, ten cents per folio. Entering an appearance, retraxit, discontinuance, non-suit, or default, twenty

cents.

Entering every rule, order or motion, in term, ten cents for each folio.

Certified copies of rules or orders, ten cents for each folio, and twenty-five cents for the certificate.

Every report upon an assessment of damages or other matter referred to him, seventy-five cents, and ten cents per folio for such report when it exceeds five folios.

Every certificate, twenty-five cents.

Calling and swearing grand jury, fifty cents.

Calling and swearing petit jury in civil causes, fifty cents.

Swearing jurors in criminal causes, ten cents for each oath administered.

Swearing each witness on trial, ten cents.

Swearing officers to take charge of jury, ten cents.

Entering or taking a recognizance, fifty cents.

Entering a cause in a calendar for the court, and making a copy thereof for

the bar, twenty cents.

Receiving and entering a verdict, twenty-five cents.

Entering an action without process, fifty cents.

Certified copy of the minutes of a trial, when required, ten cents per folio. Entering a final judgment, when the same does not exceed three folios, fifty cents, and ten cents for each additional folio.

Copy of judgment to be attached to judgment-roll, ten cents for each folio. Entering satisfaction of judgment, twenty cents for each judgment debtor. Drawing a special jury, seventy-five cents.

Filing every paper, five cents.

Copies and exemplifications of records and pleadings, ten cents for each folio.

Searching the records or files in his office, if a copy is not required, twenty cents for the records or files of each year.

Administering oaths not otherwise provided for herein, twenty-five cents. Recording credentials of ordination of ministers, and giving a certificate seventy-five cents.

Recording certificate of solemnization of marriage, fifty cents.

Filing and docketing transcripts of judgment from another county, or from justice court, when but one judgment debtor, twenty-five cents, and ten cents for each additional judgment debtor.

Entering an appeal or transcript from justice court, fifty cents.

Entering a surrender of bail, twenty-five cents.

Issuing commission to take deposition, one dollar.

Issuing venire facias, one dollar.

Certificate of juror's and witness' attendance at court, fifteen cents.

Entering forfeiture of recognizance, twenty-five cents.

Entering discharge of bail, twenty-five cents.

Entering a declaration to become a citizen of the United States, fifty cents.

A certified copy of such declaration under the seal of the court, fifty cents.

Entering the final admission of an alien to the rights of citizenship, fifty cents.

A certified copy thereof, under the seal of the court, fifty cents.
Making docket entries of judgments, twenty cents for each judgment debtor.
Admission of attorneys, one dollar.

Taxing costs, fifty cents.

Certified copy of marriage record, fifty cents.

Certified transcript of docket entry, fifty cents.

Attendance on court, for each day of actual session, three dollars.

For all other services required by law to be performed by such clerk, respectively, such fees as compare favorably with the rates herein prescribed, and as may be established by general rule or order of the court: provided, that the fees of clerks of the district court, in actions for the foreclosure of mortgages on real estate, where no trial is had, shall not exceed the sum of four dollars for all services required to be performed by said clerks in such actions. (As amended 1877, c. 120, § 5, and 1878, c. 50, § 1.)

See next section.

*§ 3. Limitation of Laws 1877, c. 120. The provisions of this act shall not affect the salary of any county officer whose salary is now provided for by a special law for such county, fixing his salary, nor to the salary, fees or clerk hire of the county auditor or county treasurer of the county of Dodge, but such officers shall be entitled to receive only such salary, fees and clerk hire as is now by law provided; nor to the counties of Ramsey and Hennepin, nor Kandiyohi. (1877, c. 120, § 6, as amended 1878, c. 50, § 2.)

CLERKS OF DISTRICT COURT IN HENNEPIN AND RAMSEY COUNTIES.

*§ 4. Schedule of fees-deposit by plaintiff, etc. The fees and compensation of the clerks of the district court and court of common pleas of said counties, shall be as follows:

For entering a discontinuance, nonsuit or default, ten cents.

Entering every return on writ or order, ten cents for each folio.

For certified copies of orders, the same fees as for entering such orders. Every report upon an assessment of damages or matter referred to him, ten cents for each folio.

Every certificate, twenty-five cents, but not to be allowed for certifying any paper to be a copy, for the copying of which he shall be paid.

Calling and swearing a jury, fifty cents.

Swearing each witness on trial, ten cents.

And swearing officer to take charge of jury, ten cents.

Entering every recognizance, fifty cents.

Entering every cause in calendar for court, and making a copy thereof for the bar, ten cents.

Receiving and entering a verdict, twenty cents.

Entering every cause or suit in register, twenty-five cents.

Certified copy of the minutes of a trial, when requested, ten cents per folio.

Entering every final judgment, thirty cents, and ten cents for each folio exceeding three.

For indexing case in register, ten cents.

For copy of judgment to be attached to judgment-roll, ten cents for each folio.

Entering satisfaction of a judgment, ten cents for each judgment debtor. Drawing a special jury in cause, fifty cents.

For a writ or subpoena, when issued by a clerk on request, and sealing the same, twenty-five cents.

Copies and exemplifications of records and of pleadings, ten cents for each folio.

Searching the records or files in his office, if a copy is not required, twentyfive cents.

For administering oaths not otherwise provided for herein, twenty-five cents.

Recording credentials of ordination of ministers, and giving certificate of the same, one dollar.

Entering appeal from justice court, twenty-five cents.

Entering a surrender of bail, fifteen cents.

Issuing a commission to take deposition, fifty cents.
Issuing a venire facias, fifty cents.

Certificate of jurors' or witnesses' attendance at court, to be paid from county treasury, each five cents.

Entering forfeiture of recognizance, fifteen cents.

Entering discharge of bail, fifteen cents.

For entering a declaration to become a citizen of the United States, twentyfive cents.

For a certified copy of such declaration, under the seal of the court, twentyfive cents.

For entering the final admission of an alien to the rights of citizenship, twenty-five cents.

For a certified copy thereof, under the seal of the court, twenty-five cents. For making docket entries of judgment, ten cents for each judgment debtor. For filing and docketing transcript of judgment from another county, or from justice court, when but one judgment debtor, thirty cents, and twenty cents for each additional judgment debtor, in addition to the fees for entering the case.

For docketing and entering the return of and filing execution, twenty-five cents.

For certified copy or transcript of judgment, fifty cents.

For filing papers, five cents each.

For granting license of maarriage, with the seal affixed thereto, administering the oath to the applicant therefor, recording the certificate of marriage, and filing the necessary papers, one dollar and fifty cents.

Taxing costs, twenty-five cents.

Attendance at court, three dollars per day; when more than one session of court shall be held at the same time, requiring the attendance of the clerk by deputy at one or more of such sessions, such per diem shall also be allowed for such necessary deputy or deputies.

And no civil action, proceeding or appeal shall be entered in the clerk's office of the said district or common pleas court, until the plaintiff, relator or appellant, desiring such entry, shall deposit with said clerk the sum of one dollar as security for the clerk's fees in such action, proceeding or appeal, and out of which the said clerk shall satisfy the fees due from such party as they accrue; and whenever said sum is exhausted, but not before, the said clerk shall require, as a condition of further entries for said party, an additional deposit of one dollar for the purpose and application aforesaid, and the same amount, in the same condition, for the same purpose and application, whenever such exhaustion occurs; and any balance remaining after the termination of the action, proceeding or appeal, shall be returned to the party depositing the same, or to his attorney in the proceeding. This provision shall not apply in cases where the cities of Minneapolis and Saint Paul, or the counties of Hennepin and Ramsey are interested, or the state of Minnesota, or to cases when applications are made for judgment for taxes or assessments. And the per diem compensa

tion mentioned herein shall be in full of all compensation, fees or allowances in suits or proceedings when either of said counties, or any city or town thereof, or the state, is interested; but in all such cases, and in cases of special assessments and tax judgments, the fees shall be charged and taxed as now provided by law, and shall be collected and paid into the treasury of the town, city or county entitled thereto. (Sp. Laws 1876, c. 207, § 5.)

FEES OF THE CLERK OF THE SUPREME COURT.

$5 (SEC. 3.) Schedule of fees. For drawing a writ of error, or other process issued under the seal of the court, one dollar.

Affixing the seal to any process of the court, twenty-five cents.

Filing papers, ten cents for each paper.

Reading and filing any petition relating to any proceeding in court, ten

cents.

Entering the appearance or default of appellant or plaintiff, or of defendant or respondent, fifteen cents.

Entering every rule or order, fifteen cents for each folio.

A certified copy of every such rule or order, and of all papers, pleadings and proceedings filed with him, ten cents for each folio.

Entering a decree or sentence, ten cents for each folio.

Entering a judgment or order, fifteen cents for every judgment debtor; ten cents for each folio more than two.

Engrossing a remittitur to be sent to a district court, ten cents for each folio.
Every certificate, twenty-five cents.

Taxing costs, fifty cents.

Entering satisfaction of record, fifteen cents.

Taking security, fifty cents.

Entering each cause in the calendar, and making copy for the bar, ten cents.

Searching records and files in his office, twenty cents for the records or files of each year.

For services required by law or the rules of the court, not herein provided for, such fees as the court direct.

Admission of attorneys, two dollars.

FEES OF COMMISSIONERS TO TAKE TESTIMONY

§ 6. (SEC. 4.) To have same fees as justices. The person to whom any commission issues to take testimony in any action shall receive the same fees as allowed to justices of the peace for the same services.

FEES OF JUDGES OF PROBATE.

NOTE.-By section 5 of this chapter of the General Statutes, the fees of judges of probate for their various official acts were regulated. By Laws 1875, c. 37, it is provided that, in lieu of such fees, a gross sum shall be paid into the county treasury on account of each estate administered in the probate court, and the judge is made a salaried officer. See these provisions, ante, o. 7, §§ 5-9.

FEES OF EXECUTORS AND ADMINISTRATORS.

§ 7. (SEC. 6.) Per diem and disbursements-additional allowance. For actual service two dollars per day, and their actual and necessary disbursements for the benefit of the same; but the probate court may allow executors and administrators, in cases of unusual difficulty or responsibility, such further sum as the judge deems reasonable. (As amended 1868, c. 66, § 1.)

FEES OF WITNESSES.

§ 8. (SEC. 7.) In courts of record—in justices' courts—mileage-experts. For attend

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