SEC. 71. That if an appeal is allowed ten days before the next term of the District Court, the justice's return must be made at least five days before that term, all such cases must be tried when reached unless continued for cause.

SEC. 72. That if the appeal be not allowed on the day on which judgment is renewed, written notice must be served upon the appellee or his agent, at least five days before the term of the court to which the cause is returnable, provided there be five days intervening, or the suit, on motion of the appellee, shall be continued at the cost of the appellant.

SEC. 73. That such notice may be served like the original notice, and if the appellee or his agent have no place of residence in the county, it may be served by being left with the justice.

SEC. 74. That an appeal brings up a cause for trial on the merits, and for no other purpose; all errors, irregularities, and illegalities are therefore to be disregarded under such circumstances, if the cause might have been prosecuted in the District Court.

SEC. 75. That no new demand or set off can be introduced into a case after it comes into the District Court, unless by mutual

consent.

SEC. 76. The appellant must pay the costs of the appeal unless he obtain a more favorable judgment than that from which he appealed.

SEC. 77. That any judgment in the District Court against the appellant shall be entered up against him and his sureties jointly. If an appeal is taken for delay, the District Court shall award such damages, not exceeding twenty per cent. on the amount of the judgment below as may seem right.

WRITS OF ERROR.

SEC. 78. That any person aggrieved by an erroneous decision in matter of law or other illegality in the proceedings of a justice of the Peace, may remove the same, or so much thereof as is necessary, into the District Court for correction, by writ of error.

SEC. 79. That the basis of the proceeding is an affidavit filed in the office of the clerk of the District Court, setting forth the errors complained of, the clerk shall thereupon issue the writ, commanding the justice to certify the record and proceedings so far as they relate to the facts stated in the affidavit.

SEC. 80. That a copy of the affidavit shall accompany the writ, and be served upon the justice who makes the required return, within five days.

SEC. 81. That all proceedings in a justice's court, subsequent to judgment, may be stayed by a recognizance entered into, like that required in cases of appeals, and on which recognizance judgment shall be entered against the principal and surety in like manner and in like circumstances. The district court may compel an amended return, when the first is not full and complete.

SEC. 82. That the District Court may render a final judgment, or it may remand the cause to the justice for a new trial, or such further proceedings as shall be deemed proper, and may prescribe the notice necessary to bring the parties again before the justice.

SEC. 83. That if the District Court render a final judgment, reversing the judgment of the justice of the peace, after such judgment has been collected in whole or in part, it may award restitution with interest and issue execution accordingly, or it may remand the cause to the justice for this purpose.

SEC. 84. That every justice of the peace, upon the expiration of his term of office, must deposit with his successor his official dockets as well as those of his predecessors, which may be in his custody, there to be kept as public records.

SEC. 82. That if his office become vacant by death, removal from the precinct, or otherwise, before his successor is elected, the said docket and papers shall be deposited with the clerk of the District Court, to be by him delivered to the successor of the justice of the peace, when elected and qualified.

SEC. 86. That the justice with whom the docket of his predecessors is thus deposited, may issue execution on, or give a transcript of any judgment there entered, in the same manner and with like effect, as the justice who rendered judgment might have done. SEC. 87. That when two or more justices are equally entitled to be deemed the successor in office of any justice as aforesaid, the clerk of the county shall determine by lot which is the successor, and shall certify accordingly; such certificate shall be in duplicate, one copy of which shall be filed in the clerk's office, the other to the said successor.

SEC. 88. That in case of sickness, other disability, or necessary absence of a justice at a time fixed for a trial of a cause or other proceedings, any other justice of the precinct may, at his request attend and transact the business for him, without any transfer of the suit to another officer; the entries shall be made in the docket of the justice at whose office the business is transacted, and the same effect shall be given to the proceedings as though no such exchange of official service had taken place.

SEC. 89. That no process can issue from a justice's court into another county, except when specially authorized.

SEC. 90. That the constable is the proper executing officer of a justice's court, but the sheriff may perform any of the duties required of the constable. The powers and duties of the sheriff in relation to the business of the District Court, so far as the same are applicable and not modified by statute, devolve upon the constable in relation to the justice's court.

SEC. 91. That the justice may be regarded as his own clerk, and performs the duties of both judge and clerk.

SEC. 92. That when the term of office of a justice for any cause, expires, his successor may issue execution, or renew an execution in the same manner and under the same circumstances as the former justice might have done if his term of office had not expired.

Approved December 2, 1859.

CHAPTER XXVIII.

AN ACT

To provide for the Payment of certain Officers, and Regulating their Fees.

SEC. 1. Be it enacted by the General Assembly of the Provisional Government of the Territory of Jefferson, the Governor approving:-That the following fees shall be allowed to officers and others, hereinafter named:

To the district attorney, for judgment in civil cases, five dollars; all collections for Territory or county, ten per cent.; drawing indictments, if found for misdemeanors, five dollars; indictment for felony, ten dollars; conviction in capital cases, twenty-five dollars; all other matters, such fees as shall be deemed reasonable by the court. The above fees shall be taxed as costs in the case, but no fee shall be allowed for indictment where the same is quashed.

SEC. 2. Clerks of county courts; every order not otherwise expressed, of one folio or less, twenty-five cents; all over one folio, for each folio, twenty cents; taking and filing contractor's bond, one dollar, reading and filing petition, complaint, remonstrance or objection, plea or report and order thereon, one dollar; certifying appointment of road reviewers, under seal, including copy of same, one dollar; same not under seal, fifty cents, certifying any matter under seal, fifty cents; certifying any matter without seal, thirty cents; taking and filing any bond, official or other

wise, one dollar; entering appointment of any officer, fifty cents; making poll book, per page, twenty-five cents; all matters incorporating any town, ten dollars and fifty cents; all matters in relation to organizing townships, ten dollars; taking acknowledgment of any instrument, one dollar; every original writ, one dollar and fifty cents; every subpoena or mesne process, one dollar; filing every paper, ten cents; entering every issue made, twenty-five cents; administering every oath, ten cents; entering decision on same, fifty cents; copies of records or transcripts or other matter, for each folio, twenty cents; making out in copying tax list or book, for each folio fifteen cents; taking receipts and filing the same, twenty-five cents; filing and recording each certificate of strays, including appraisements, whether such certificate contains a greater or less number of estrays, one dollar and fifty cents; for sending a certified list of estrays to the printer, for each estray, twenty-five cents; all services for individuals or incorporations, or done on the application of either, shall be paid by them, and all services done for the Territory, or a county, shall be paid by the Territory or county.

SEC. 3. The claim of the county court for probable business: Appointment of executor, or guardian, and certifying the same, one dollar; granting letters testementary of administration, one dollar and fifty cents; taking bond in any case, and approving the same, one dollar; taking probate of will, entering and certifying the same, one dollar and fifty cents; certificate under seal, or otherwise, fifty cents; every order, motion, or will entered, twenty-five cents; every settlement or other matter entered, of record, if one folio or less, twenty-five cents; every additional folio, twenty cents; filing every paper ten cents; administering oath, ten cents; taking acknowledgment of any instrument, fifty cents; every original writ, one dollar and fifty cents; every subpoena, fifty cents; docketing every case, twenty cents; every issue joined, twenty cents; entering appearance of each party, twenty cents; precept for jury, fifty cents; serving jury twenty-five cents; taking and entering verdict, twenty-five cents; entering judgment, seventyfive cents; issuing execution, one dollar and fifty cents; entering demand against estate, twenty cents; every order allowing or disallowing the same, twenty-five cents; order classifying claim, twenty-five cents; trial without jury, seventy-five cents; entering and finding of court, fifty cents; commissioner to take depositions, one dollar; every order, or rule, not herein specified, twenty-five cents; copying any rules, orders or other writing, per folio, twenty cents. The above fees to be taxed against the estate concerning which the services are performed, except in cases of litigation, then always against the losing party, unless otherwise ordered by the

court.

SEC. 4. Clerks of the Supreme Court:

Issuing any writ, original, two dollars; issuing subpoena, one dollar; taking bond, one dollar and fifty cents; filing every paper, twenty-five cents; administering every oath, twenty-five cents; filing assignment of errors or joinder, fifty cents; for recording or copying any opinion, brief, abstract, or other matter, per folio, twenty cents; retaxing cost if required, per folio, twenty cents; for all other services done, the same fees as are allowed to clerks of the district court for similar services.

SEC. 5. Clerks of District Courts:

Filing every paper, ten cents; issuing every original writ, two dollars; entering appearance, twenty-five cents; taking and entering recognizance, one dollar; taking every bond not otherwise specified, one dollar; entering every order, motion, rule, application, settlement, report, plea, or other matters, of one folio, or less, fifty cents; for each additional folio, twenty cents; every continuance, one dollar; every subpoena, one dollar; commission to take depositions, one dollar and fifty cents; certificates and seal, one dollar; administering each oath, twenty-five cents; judgments, or discontinuances of any issue, one dollar; precept for jury, one dollar and fifty cents; swearing and entering jury, one dollar; taking and entering verdict, one dollar; delivering copy of special jury to each party, when required, one dollar; trial by the court, one dollar; trial by jury, one dollar; entering appeal from justice of the peace, one dollar; entering appeal to the Supreme Court, one dollar; recognizance on appeal, one dollar; affidavit, one dollar; writ of certiorari, one dollar; bond of certiorari, one dollar and fifty cents; entering satisfaction of record, fifty cents; taking acknowledgment of sheriff's deed, one dollar; entering and certifying same, one dollar; taking acknowledgment of any instrument, one dollar; scire facias, two dollars; copying any matter, per folio, twenty cents; every verdict return by grand jury, two dollars; venire for grand jury, two dollars; swearing and entering grand jury, one dollar and fifty cents; every issue in chancery directed, fifty cents; interlocutory decree, two dollars; entering final decree, two folios or less, ten dollars; all over ten folios, per folio, twenty-five cents; writ of injunction, two dollars; process of sequestration, two dollars; all fees specified in this section, shall be applicable as well in civil as in criminal business, and also in chancery.

SEC. 6. Sheriff's fees:

Serving every original writ for each defendant, two dollars; taking and returning every bond, two dollars; serving scire facias, injunction or other writ, two dollars; serving execution, two dollars; calling action, twenty-five cents; writing sheriff's deed, when required four dollars; calling each party or witness, twenty