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record of the

make return thereof, or to pay the amount of such fee
bill, except his own fees, it shall and may be lawful for
any party interested in such fee bill, to obtain a rule of
court against such sheriff, or other officer, and proceed
against him by attachment, and recover the same, accor
ding to the rules and practice of the court where such
costs may
have accrued.

SEC, 10. Whenever any clerk of any circuit court of Contents of a this state, shall be required to certify the records of the supreme court. Proceedings below to the supreme court, such record shall only contain the declaration, writ or summons, plea, demurrer, rejoinder, or other pleadings in the suit, together with the judgment of the court below given thereupon, unless such clerk shall be especially directed by the court, or the counsel for either party, to insert in the body of such record such other pleadings or papers as the court or parties may deem material to the matter in controversy; and if any such clerk shall insert in such record, others than those aforesaid, or such as he may be especially instructed to insert, he shall not be entitled to receive any fee for such paper or pleading as aforesaid.

SEC. 11. Any person who has heretofore been, or who Where sheriffs is at this time the sheriff of any county in this state, and lected fee bills in whose hands the clerks of their respective counties, how to proceed. have, agreeably to the statute of this state in such cases

have not col

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furniture for

the supreme

and circuit
courts.

made and provided, put their fees for collection, and which fees the sheriffs, as aforesaid, have not collected, are hereby fully authorized to go on and make such collections, as if they had done so in strict conformity with the law; together with all fees which may be due to them for services as sheriffs rendered: Provided, that the division of no county shall, in any instance, interfere with such collections.

SEC. 12. The clerks of the circuit and county commisStationery and sioners' courts, shall provide all the necessary books for their respective offices; and a safe press or presses, with locks and keys for the safe keeping of the archives of their respective offices; and the county commissioners' courts shall make allowances for the same, and for articles of stationery necessary for their respective courts, out of the county treasury, from time to time; and the clerk of the supreme court shall also procure the necessary books, stationery, and presses for the safe deposit of the archives of his office which shall be certified by the said court to the auditor of public accounts, who shall draw a warrant or warrants on the state treasury for the amount of the same.

SEC. 13. It shall be the duty of the county commis

sioners' court, in each county, as soon as the same shall be practicable, to cause a suitable room or rooms to be provided, at the court house in their respective counties, for the offices of the clerks of the circuit courts, and county commissioners' courts; and when the same shall be so provided, the clerks shall keep their offices at the place. so provided.

tion.

SEC. 14. In all cases on judgments, on which execu-Cost bills to go tion may, or shall hereafter issue, from any court of re- with the execucord, the clerk of the court from which the same shall issue, shall, at the time of issuing thereof, make out under his signature, and deliver to the sheriff or coroner, as the case may be, with the execution, a detailed bill of the costs in the said suit, from its commencement to its termination, in order that the party paying the same, may certainly know with and for what he is chargeable; which said bill, the said officer to whose hands the execution may so corne, shall deliver to the party against whom the execution may be; and upon his replevying or paying the same, together with his certificate thereon, that the same was so replevied or paid by the said person.

omission.

SEC. 15. Should any officer, concerned in issuing or executing any execution, hereafter to be issued as afore- Penalty for said, fail in the duty enjoined on him, in the preceding section hereof, he shall forfeit and pay to the party injured, the sum of fifty dollars with costs, to be recovered in any court of record in this state, and no imparlance or delay shall be allowed therein.

in their offices

SEC. 16. The clerks of the several courts aforesaid, judges of probate, and justices of the peace respective-Clerks to set up ly, shall be required to set up in some conspicuous place their fees as alin each of their offices, and there continually keep a lowed by law. fair and complete table of their fees, allowed by this act; and if any such officer shall fail to comply with the provisions of this section, within three months after this act shall take effect, or shall, at any time thereafter, for ten days together, not have such table continually kept up as aforesaid, he shall forfeit and pay for every such neglect, the sum of ten dollars, to be recovered before any justice of the peace of the proper county, to the use of any person or persons, who may inform and sue for the

same.

SEC. 17. All laws and parts of laws, which may have heretofore required the clerks of the supreme and circuit courts to make up complete records, except in cases where the title to lands shall come in question, and in capital criminal cases; or where such clerks shall be directed by one of the parties concerned, to make the same.

Acts repealed.

lowed to collect

their fees.

shall be, and they are hereby repealed; and if in any cause, where the clerk is not required by law, either party shall require a complete record, the party so requir ing it, shall pay the cost of the same.

The clerks of the several circuit courts of this state, Old clerks al- heretofore appointed by the late circuit judges, may in all things proceed to collect their fees by fee bill, in the manner provided in this act for other clerks; and may, for that purpose, examine any fee book or record, in any of said courts; and all other acts and parts of acts coming within the purview of, or repugnant to this act, be, Acts repealed. and the same are hereby repealed: Provided, that nothing in this act contained, shall be so construed as to prevent the recovery of salaries, fees, and compensation, which are now due and payable, or which may become so before this act takes effect, in the manner prescribed by the several acts hereby altered and repealed: Provided, also, that the act, entitled "An act concerning public officers, and the payment of money out of the state treasury," approved, January 25, 1826, be and the same is hereby repealed. The 1st, 2d, 3d, and. 4th sections of this act, to take effect from and after its passage, the remainder thereof, on the first day of June next. APPROVED, Feb. 19, 1827.

In force Janu- AN ACT in addition to an act regulating the Salaries, Fees, and Compensation of the several officers and persons therein. mentioned.

ary 23, 1829.

Fees may be collected by constables.

SEC. 1. Be it enacted by the people of the state of Illinois, represented in the General Assembly, That hereafter it shall be lawful for the clerks of the respective courts of this state, who are authorized to issue fee bills, to place the same in the hands of any constable of the proper county for collection; and the constable receiving the same shall be liable to the several remedies for any default set forth in the act to which this is an addition, therein provided.

SEC. 2. The following fees shall be allowed to the Fees of judges judges of probate, in addition to the fees now allowed by law, viz:

probate.

For administering oath to each witness,
Swearing any person to an affidavit,
Issuing order for writ of certiorari,

Cents.

64

121

25

Examining petition and application for writ of certiorari,

Issuing injunction, ne exeat, or any special writ,
Issuing subpena, attachment, or other process,
under seal,

Entering each decree, order, or judgment, ex-
cept orders allowing claims for or against an
estate,
Recording appraisement, sale bill, and all other

exhibits and writings required to be record-
ed, (wills and codicils excepted,) for every
'hundred words, figures inclusive,

Filing each paper belonging to the settlement of any estate,

Issuing letters of guardianship and recording

same,

Taking bond of guardian,

Taking any bonds not before specified,

Revoking letters testamentary, administration,

or guardianship,

Swearing each jury,

Writing indenture, to be paid by master,

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And for the collection of the fees aforesaid, the judge of probate may issue fee bills, directed to the sheriff or to any constable of the county, who is hereby authorized to collect the same as in other cases.

May issue his fee bill.

Clerks of coun

SEC. 3. And hereafter the clerks of the courts of county commissioners shall not charge any fees for issuing ty com. writs of election, comparing election returns, issuing notices to supervisors of roads, issuing certificates of allowances made to individuals by the court, or for any other services rendered the county; but the courts shall allow their respective clerks such reasonable compensation as they may think right, as an ex officio fee, not exceeding twenty dollars per annum, exclusive of a reasonable allowance per day, for their attendance on the courts in term time: and so much of the sixth section of the act to which this is an amendment, as authorizes the county commissioners' courts to allow their clerks a compensation per day, for their services rendered the county, is hereby repealed.

The following fees shall be allowed to the recorders: Recorder's Cents. fees.

For recording all deeds, mortgages, and other instruments of writing, for every one hundred words,

For entering every tract of land, over five, in each deed or conveyance,

15

64.

Sheriff's com

vies.

SEC. 4. So much of the sixth section of the acts, regu

mission on le-lating salaries, fees, and compensation of the several officers and persons therein mentioned, passed on the nineteenth day of February, 1827, as allows any commission to sheriffs for offering real or personal estate for sale, where the execution shall be settled by the parties, replevied, or stopped by injunction, or where the property shall not be actually sold, is hereby repealed; and in all such cases the sheriff shall be allowed fifty cents for levying, and six and one fourth cents a mile for going to, and returning from the place of sale.

Clerk's, &c. fee

or acknowledg

SEC. 5. Clerks of the supreme, circuit, and county for taking proof commissioners' courts, and notaries public, shall be alment of deed. lowed a fee of twenty-five cents for taking the proof or acknowledgment of any deed or conveyance, and affixing his official seal.

Certificate of magistracy.

Acknowledgment of deed.

SEC. 6. Clerks of county commissioners' courts shall be allowed twenty-five cents for every certificate of magistracy, with the official seal annexed.

SEC. 7. Every officer authorized by law to take proofs or acknowledgments of deeds, is allowed a fee of twenty-five cents, for each deed proved or acknowledged before him.

This act is to be in force from and after its passage.
APPROVED, January 23, 1829,

FERRIES.

In force Feb. AN ACT to provide for the establishment of Ferries, Toll 12, 1827. Bridges and Turnpike Roads.

SEC. 1. Be it enacted by the people of the state of Illinois, represented in the General assembly, That whenever it shall County com- be considered necessary to establish a ferry or toll bridge establish ferties across any lake, river, creek, or any other water course and toll bridges. within the limits or upon the borders of this state, or to

missioners may

turnpike or causeway any public road or highway, it shall be the duty of the county commissioners' court of the proper county, on due application being made by any qualified person or persons, to establish and confirm the same by a special order, to be made for that purpose, under such regulations, restrictions, and forfeitures as are hereinafter directed and pointed out: Provided, that no

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