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CHAPTER XXXVIII.

FEES AND SALARIES.

An Act entitled an act establishing the fees and compensa

tion of sheriffs.

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Be it enacted by the Legislative Assembly of the Territory of

New Mexico:

SECTION 1. The sheriff shall be allowed the following fees and compensation, to wit: for serving every citation or summons, one dollar, for every writ of capias or attachment for each defendant one dollar, for taking and returning every bond required by law one dollar and fifty cents, for levying every execution and return of same one dollar and tifty cents, for making, executing and delivering every sheriff's deed, to be paid by the purchaser, three dollars, for every return of non est inventus on summons, citation or execution, fifty cents, for attending any court four dollars per day, attendance on district court to be paid by the territory in the manner now provided by law, attendance upon the courts of the justice of the peace in criminal cases to be paid by the county upon the certificate of attendance by such justice of the peace, for calling each ac tion, party or jury fifteen cents, for calling each witness five cents, for serving and returning each writ, in a criininal case, for each defendant one dollar, for comunitting any person to jail in any case, une dollar; for feeding prisoners confined in jail, seventy-five cents per day for eacli prisoner so confined, to be paid by the county where confined, except in cases where prisoners are sent from one county to another for safe keeping, change of venue or otherwise the county from wliere such prisoner or prisoners are sent shall pay the sheriff of the county where confined, also for any additional expense he may be to in transporting said prisoner or prisoners from one county to another, the mileage being the same for each prisoner, guard and sheriff, as this act provides in other cases; for executing every death warrant, one hundred dollars, to be paid by the territory.

ries.

summons are

Mileage.

SEC. 2. For coinmissions for receiving or paying monies of executions, on executions, where lands or goods or chattels have been levied upon, advertised and sold, four per cent. on the first five hundred dollars and two per cent. on all sums above that, also the actual expense incurred by taking care of any goods or chattels so levied upon, between the day of levy and sale, and one-half of said commissions, when the money has been paid without making a levy or sale.

Sec. 3. The party at whose application any civil writ, Pay in advance. subpæna or other processes, except executions, is issued, shall pay in advance if so demanded by the sheriff, the fees

1 allowed by this act for such services.

SEC. 4. The sheriff shall receive ten dollars for sum- Summoning ju. moning each grand jury, and ten dollars for summoning each petit jury, to be paid by the territory as now provided by law.

SEC. 5. When processes, orders, or directed to the sheriff to be served beyond the county seat / of his county, he shall be paid twelve and a half cents for each mile traveled going and returning. In criminal cases the territorial auditor is authorized to audit and the territorial treasurer directed to pay the mileage in cases bronglit by the territory; when any sheriff is required to perform any duty, for thie doing of which no compensation is provided by law, the judge of the district court, wherein the said duty is perforined, may order a just compensation to be paid to such sheriff for his services by the party for which such duty was performed.

SEC. 6. The sheriff of each county shall provide the Province applies jail of his county with all the necessary things, as wood, coal, lights, kitchen furniture, irons, &c., and also, when necessary, clothing for persons contined therein, for which he shall be paid by the county upon his certifying to the correctness of the expenditure and for whom or what expended, except in cases of prisoners transferred from one county to another, then the county from where such prisoner was transferred shall pay for clothing and feed of such prisoners

Sec. 7. They shall be paid the regular rates of mile- Seuring papers age herein provided by this act, by their respective counties in all cases where they, upon a warrant issued from any of the justices of the peace of the county for the arrest of

any person or persons, being charged with any crime even though the arrest be made in another county than the one of which he is sheriff, also shall pay mileage for guard and prisoner. He shall also be allowed and paid by the county two dollars a day for each guard each day actual

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penitentiary.

ly employed in assisting with such prisoner, but shall have not more than one guard unless there are more than three prisoners; for every two additional prisoners he shall be entitled to one guard; he shall also be entitled to one dollar and fifty cents for feeding each prisoner while conducting him from one point to another.

SEC. 8. They shall be paid twelve and a half cents per mile for each mile traveled in conducting each prisoner to the territorial penitentiary, also one dollar a day for feeding each of said prisoners. They also shall be paid twelve and one-half cents a mile for each guard necessary in safely conducting prisoners to the said penitentiary for each mile traveled going and coming.

Sec. 9. All acts or parts of acts in conflict herewith are hereby repealed.

SEC. 10. This act to take effect and be in force from and after its passage and approval.

Filed by the governor Feb. 24, 1887.

CHAPTER XXXIX.

FEES AND SALARIES.

An Act fixing the salary of chief and associate justices of the supreme court of the territory of New Mexico, and

for other purposes.

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Salaries of jus

tices.

Be it enacted by the Legislative Assembly of the Territory

of New Mexico:

SECTION 1. That from and after the passage of this act, the chief justice and each one of the associate justices of the supreme court of the territory of New Mexico shall receive out of the territorial funds of the territory of New Mexico the sum of eighteen hundred dollars each per annum, in full compensation for all services rended the territory for their services, as such chief and associate justices, said sum of of eighteen hundred dollars to be paid proportionately, every two months, out of the territorial funds, to be audited by the auditor of the territory, by issuing warrants against the treasurer of said territory.

SEC. 2. It shall be the duty of said treasurer, and he is hereby ordered to pay said warrants out of the territorial funds not otherwise appropriated.

Sec. 3. That all acts and parts of acts in conflict herewith are hereby repealed.

Sec. 4. This act shall be in force and effect from and after its passage.

Approved February 24, 1887.

CHAPTER XL.

FEES AND SALARIES.

An Act to amend sections 1268, 1269, 1270 and 1271 of the

compiled laws of New Mexico, to read as follows:

ing district court.

Be it enacted by the Legislative Assembly of the Territory

of New Mexico:

SECTION 1. That witnesses shall be allowed fees for Fees for attend services in all cases, as follows: for attending any district court, referee, clerk or cow mission within the county where the witness resides, for each day ($1.00) one dollar. For attendance as aforesaid out of the county ($2.00) two dollars, for each day. For each mile of travel in going to and returning from the place of trial, six cents.

Sec. 2. When any person shall be summoned as such Justice's courk. witness to give evidence beyond or without his proper precinct, before any justice of the peace within his county, he shall receive ($0.50) fifty cents for each day's necessary attendance; and shall also receive for each mile of travel in going to and returning from the place of trial, five cents.

SEC. 3. That in no case in any of the courts of this territory shall any fees for witnesses be taxed to exceed four witnesses on each side unless under the direction of the court and in the court's discretion the same may be necessary.

Sec. 4. This act shall be in force and effect from and after its passage:

Filed by the Governor February 24, 1887.

CHAPTER XLI.

FEES AND SALARIES.

An Act fixing the salary of the territorial librarian, and for

other purposes.

Salary of territo-
rial librarian.

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Appropriation
for filling up
law library.

Be it enacted

by the Legislative Assembly of the Territory of New Mexico:

SECTION 1. That the salary of the territorial librarian is hereby fixed at the sum of fifty dollars per month, payable monthly, from and after the first day of March, A. D. 1887, and no person shall be qualified io be appointed to, or to hold said office, unless he be able to speak, read and write both the English and Spanish languages fluently.

Sec. 2. That there be, and hereby is appropriated the sum of five thousand dollars to be paid out of any moneys in the territorial treasury not otherwise appropriated, on the certificate of the chief justice of this territory, for the purpose of filling up as far as possible, the law portion of the territorial library, said moneys hereby appropriated to to be expended by such person as may be designated by the said chief justice, and subject to his approval, in purchasing volumes and sets of the various law reports of the United States courts, and superior, supreme and appellate courts of the various states and territories, together with the digest and statutes, and indexes thereof and connected therewith, and also such of the reports of the courts of foreign countries as may be, in the judgment of said chief justice, of utility in this territory, and also such law periodicals and legal publications as the said chief justice may

direct. Appropriation Sec. 3. That there be, and hereby is appropriated REH reports, ac the sum of fifteen hundred dollars annually, for the period

of two years, commencing on the first day of January, A. D. 1888, to be expended in the same manner, and under the same directions as is provided in the next preceding section of this act, for the purpose of filling up and completing imperfect sets of law reports, and purchasing such

for purchasing

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