Entering a satisfaction of judgment, twenty-five cents. Taking recognizance, certifying oath or affidavit, and making return to an appeal, including travel, two dollars. For a search warrant, twenty-five cents. For every affidavit or other paper drawn by the justice, for which no other allowance is made by law, per folio, fifteen cents. For a commitment to jail, twenty-five cents. For an order to bring up prisoner, twenty-five cents. For an order to discharge prisoner, issued to jailor, twenty-five cents. Discharging a prisoner, after a hearing on motion to discharge, fifteen cents. For an execution, twenty-five cents. For every other writ not herein enumerated, twenty-five cents. Taxing costs, fifteen cents. For marrying, and making return thereof, one dollar and fifty cents, and such other sum as may be allowed by the party making the application. Holding an inquisition, in cases of forcible entry and detainer, in addition to other fees, one dollar. Taking and certifying the acknowledgment of a deed, for each grantor named therein, twenty-five cents. For travelling to perform any duty, when not otherwise provided for, and such travel is necessary, going and returning, per mile, ten cents. (As amended 1867, c. 89, § 1.) PROVISIONS IN RELATION TO FEES IN JUSTICES' COURTS. § 18. (SEC. 16.) Costs to prevailing party. In all civil actions, unless otherwise provided, the party in whose favor judgment is given shall recover costs. 10 M. 175 (220); 12 M. 216; 16 M. 329. § 19. (SEC. 17.) Justice may tax costs without notice. At the time of entering a judgment for costs, in any case, the justice may proceed to tax the costs; and no notice of such taxing need be given to the party against whom judgment is rendered. § 20. (SEC. 18.) Fees for travel of witnesses. The justice shall allow no fees for the travel of witnesses, unless the same is proved by the oath of some person qualified to testify in the action. 16 M. 329. § 21. (SEC. 19.) Fees for travel in serving subpoena. No fees shall be allowed for travel in serving a subpoena, unless the same is charged by a constable or sheriff, or is proved by the oath of the person who served the same. § 22. (SEC. 20.) Fees of only two witnesses to same fact. The attendance of only two witnesses to each particular fact before a justice of the peace shall be taxed in the bill of cost. § 23. (SEC. 21.) Fees for copies not allowed, unless used. Nor fees for copies or exemplifications of documents or papers, or for depositions, shall be allowed, unless such copies of depositions were used upon the trial. § 24. (SEC. 22.) Items of disbursements to be specified, etc. No allowance for disbursements, except to officers, shall be allowed, unless the items are particuarly specified, and proved to the justice, and the same were, in the opinion of he justice, necessary, and reasonable in amount. § 25. (SEC. 23.) Justice to hear evidence as to charges. The justice shall hear any evidence which may be offered to him, to prove that any charge is unreasonable, or that the service has not been rendered. FEES OF REGISTER OF DEEDS. § 26. (SEC. 24.) Schedule of fees. For entering or recording any deed or other instrument, ten cents for each folio, to be paid when the same is left for record. For every certificate, ten cents. For copies of any records or papers, when required, ten cents for each folio. For translations for record and recording any deed or other paper coming from a foreign country, in any other than the English language, twenty-five cents per folio. Every entry of a discharge of mortgage, ten cents. Filing every other paper, and making an entry thereof when necessary, ten cents. Searching for every such paper, on request, five cents for every paper examined. Searching the record, ten cents. For an abstract of title, twenty-five cents for every transfer, and twenty-five cents for his certificate. (As amended 1877, c. 120, § 4.) See ante, § 3. REGISTERS OF DEEDS IN RAMSEY AND HENNEPIN COUNTIES. *§ 27. Schedule of fees. The fees and compensation of the register of deeds of said counties shall be as follows: For entering, indexing and recording any deed or other instrument, ten cents for each folio, to be paid when the same is left for record. For every certificate, fifteen cents. For copies of any records or papers, when required, ten cents for each folio. For recording any deed or other paper in any other than the English lan guage, twenty cents for each folio. Every entry of a discharge of mortgage in the margin of the record, ten cents Filing every instrument, and making an entry thereof when necessary, ten cents. Searching for every such paper on request, five cents for every paper examined. Searching the records, ten cents: Provided, the compensation to the register of deeds of Ramsey county until and including December thirty-first, eighteen hundred and seventy-nine, for recording instruments or making copies of papers or records, shall be twelve and one-half cents per folio. (Sp. Laws 1876, c. 207, § 4, as amended by Sp. Laws 1878, c. 82, § 1.) FEES OF REFEREES. § 28. (SEC. 25.) In general-agreement for other compensation. The fees of referees are five dollars to each, for every day spent in the business of the reference; but the parties may agree, in writing, upon any other rate of compensation, and thereupon such rate shall be allowed. FEES OF APPRAISERS, COMMISSIONERS, AND OTHERS. § 29 (SEC. 26.) Per diem and mileage. All appraisers of estates of deceased persons, appraisers of property taken on writ of attachment or replevin, persons appointed under a legal process or order for assigning dower, or making a partition of real estate, sheriff's aids in criminal cases, and all other private persons performing any other like service required by law, or in the execution of legal process, where no express provision is made for compensation therefor, shall be entitled to one dollar for each day for their services, and five cents a mile for travel in going and returning. FEES OF JURORS. $30. (SEC. 27.) Grand and petit jurors—before coroners, justices, etc. Each grand and petit juror shall be entitled to two dollars for each day's attendance upon any district court, and ten cents for each mile travelled in going to and returning from the said court, the distance to be computed by the usual travelled route, and paid out of the county treasury of the county in which the service was rendered. The clerk of the district court shall deliver to each juror a certificate for the number of days' attendance, and miles travelled, for which he is entitled to receive compensation. Each juror sworn before any coroner, on any inquest taken by him, is entitled to one dollar for each day's attendance on such inquest. Each juror sworn in any action pending in a justice court, or before any sheriff on a writ of inquiry, is entitled to fifty cents, to be paid in the first instance by the party requiring such juror. Provided, that the certificate of the clerk for services rendered as such juror, in the district court, or by the coroner, shall be filed with the county auditor, who shall issue his warrant on the treasurer of his county for the amount due, which certificate shall be a proper and sufficient voucher for the issuance of said warrant: provided further, that the provisions of this act in relation to the amount allowed jurors in the district court shall not apply to the county of Ramsey. (As amended 1870, c. 80, § 1.) FEES OF PRINTER. $31. (SEC. 28.) Rate per folio-term defined. For publishing any notice, or any order citation, summons, or any other proceeding or advertisement, required by law to be published in any newspaper, not more than seventy-five cents per folio for the first insertion, and thirty-five cents per folio for each insertion after the first; and for the purpose of computing the same, a folio is hereby declared to be equal to the space occupied by two hundred and fifty ems of solid matter of the kind of type used. (As amended 1869, c. 80, § 1.) FEES OF COURT COMMISSIONERS. *$ 32. Schedule of fees. Court commissioners, for services mentioned in this act, shall be allowed the following fees: For examining any petition, complaint, affidavit, or other paper wherein an order is required, one dollar. For making and entering an order on the same, fifty cents. For taking bail, or approving sureties on any bond or recognizance, fifty cents. For hearing and deciding on the return of a writ of habeas corpus, three dollars for each day necessarily occupied in the hearing of the same. For all other services rendered by them, the same fees as allowed by law to other officers for similar services. (1868, c. 97, § 1.) GENERAL PROVISIONS. § 33. (SEC. 29.) Officers to set up table of fees-penalty for neglect. Every officer whose fees are herein fixed, shall publish and set up in his office, fair tables of his fees, according to this chapter, in some conspicuous place, for the inspection of all persons who have business in such office, upon pain of forfeiting, for each day the same shall not be put up through such officer's neglect, a sum not exceeding two dollars, which may be recovered by a civil action, in the name of any person, before any justice of the peace of the same county. 6 M. 155 (235). § 34. (SEC. 30.) Taking of illegal fees forbidden. No judge, justice, sheriff, or other officer whatever, or other person to whom any fees or compensation is allowed by law for any service, shall take or receive any other greater fee or reward for such service than is allowed by the laws of this state. 14 M. 487; 15 M. 324. §35. (SEC. 31.) No fees for services not actually performed. No fee or compensationL allowed by law shall be demanded or received by any officer or person, for any service, unless such service was actually rendered by him, except in the case of prospective costs hereinafter specified. $36. (SEC. 32.) Penalty for violation of two last sections. A violation of either of the last two sections is a misdemeanor; and the person guilty thereof shall be liable to the party aggrieved for treble the damages sustained by him. $37. (SEC. 33.) Fees not to be taxed for services not rendered. No fees shall be taxed for services as having been rendered by any clerk, sheriff, or other officer, in the progress of a cause, unless such service was actually rendered, except when otherwise expressly provided. § 38. (SEC. 34.) Taxation of prospective costs. In entering any judgment or decree, no prospective costs shall be taxed or included therein, except for docketing the same, unless the party demanding such judgment or decree shall require the costs of an execution or transcript of the judgment to be taxed and included therein, in which case the same shall be so taxed and included. (As amended 1877, c. 33, § 1.) $39. (SEC. 35.) Fees for copies of papers may be taxed, when. The legal fees paid for certified copies of the depositions of witnesses filed in any clerk's office, and of any documents or papers recorded or filed in any public office, necessarily used on the trial of a cause, or on the assessment of damages, shall be allowed in the taxation of costs. $ 40. (SEC. 36.) Attorney not entitled to witness fees. No attorney or counsel in any cause shall be allowed any fee for attending as a witness in such cause. $ 41. (SEC. 37.) Officer to give account of fees, if required-penalty for failure. Every officer, upon receiving any fees for any official duty or service, shall, if required by the person paying the same, make out in writing, and deliver to such person, a particular account of such fees, specifying for what they respectively accrued, and shall receipt the same; and if he refuses or neglects to do so, he shall be liable to the party paying the same for three times the amount so paid. $42. (SEC. 38.) Officers performing same services, entitled to same fees. When a fee is allowed to one officer, the same fees shall be allowed to other officers for the performance of the same services, when such officers are by law authorized to perform such services. § 43. (SEC 39.) Allowance to witness for state in criminal case. When any person shall attend a court of record as a witness in behalf of the state of Minnesota, upon request of the public prosecutor, or upon a subpoena, or by virtue of a recognizance for that purpose, and it appears that such person has come from any other state or territory of the United States, or from any foreign country, or that such person is poor, the court may, by order on its minutes, direct the county treasurer of the county in which the court shall be sitting, to pay to such witness such sum of money as shall seem reasonable for expenses. § 44. (SEC. 40.) Fees of prosecution paid out of county treasury, when. When any prosecution, instituted in the name of this state, for breaking any law thereof, fails, or when the defendant proves insolvent or escapes, or is unable to pay the fees, when convicted, the fees shall be paid out of the county treasury, unless otherwise ordered by the court. § 45. (SEC. 41.) Witnesses to attend without prepayment of fees, when. The attorney general, or county attorney in each county, is authorized to issue subpoenas, and compel the attendance of witnesses, on behalf of the state or county, without paying or tendering fees in advance; and, in criminal cases, the witnesses for the defendant shall also be compelled to attend without payment or tender of fees in advance; and any witness failing or neglecting to attend, after being served with a subpoena, may be proceeded against, and shall be liable, in the same manner as provided by law in other cases where fees have been paid or tendered. § 46. (SEC. 42.) Same-payment of witnesses for state. The clerk of any court at which any witness has attended on behalf of the state, in a civil action, shall give to such witness a certificate of travel and attendance, which shall entitle him to receive the amount from the treasurer of the county where the action arises. § 1. Petit jury defined. A petit jury is a body of twelve men impannelled and sworn, in a district court, to try and determine, by a true and unanimous verdict, any question or issue of fact, in any civil or criminal action or proceeding, according to law and the evidence as given them in court. § 2. Number of jurors to be drawn for each general term. A number of petit jurors, not less than twenty-four, shall be drawn for each general term of the district court, and no greater number shall be drawn unless the court otherwise orders, but in no case shall more than thirty-six petit jurors be drawn. § 3. Qualifications and disabilities. The qualifications and disabilities of petit jurors shall be the same as those prescribed by law for grand jurors. § 4. How drawn and summoned. The petit jurors shall be drawn and summoned at the same time and in the same manner as is by law prescribed for the drawing and summoning of grand jurors. § 5. Judge may order larger number to be drawn, when. The judge of the district court may, at least thirty days before the time for holding a general term of said court, order a number of petit jurors greater than twenty-four, and not exceeding thirty-six, to be drawn and summoned for such term; and upon such order being made and entered upon record in the office of the clerk of the court in the county where such term is to be held, such clerk shall draw and issue a venire for the number of jurors mentioned in such order. § 6. Ballots, how prepared and deposited. At the opening of the court the clerk shall prepare separate ballots containing the names of the persons summoned as petit jurors, which shall be folded as nearly alike as possible, and so that the name cannot be seen, and be deposited in a sufficient box. |