five cents; summoning each witness, one dollar; executing every mesne process, one dollar; returning non est on any writ, original or judicial, or return of mela bona, one dollar; summoning jury on special verdict, three dollars; calling grand or petit jury, fifty cents; serving notice, rule of citation one dollar; summoning jury of inquest, or to try the right of property, and drawing and returning report, four dollars; taking recognizance of prisoner and returning same, two dollars; boarding prisoner by day one dollar; trial or confession in criminal case, two dollars; trial or confession in capital case, five dollars; executing sentence of death, including expense of performing the same, twenty-five dollars; every sheriff shall be allowed for safe keeping, supporting live stock, and other property seized under legal process, such fees as the court shall deem reasonable, to be taxed as other costs; for commission, for receiving and paying over money on execution, when property has been sold, eight per cent. on the first two hundred dollars; six per cent. on the next three hundred dollars; four per cent. on all sums above five hundred dollars, and one half such compensation when the money is paid without levy, and three fourths of such commission when levy has been made, but no sale, and such commission shall be paid as other costs.

Serving warrants in criminal cases, one dollar; serving summons or notice, fifty cents; summoning witnesses, fifty cents; summoning jury to try the right of property, swearing and taking verdict, two dollars and fifty cents; summoning jury before a justice, one dollar and fifty cents; serving execution, fifty cents; taking any bond required by law, one dollar; attachment, one dollar; receiving and keeping property, such compensation as the justice may deem reasonable, and for all collection to be paid as other costs. The same fees for services in the Miner's court.

SEC. 8. Justice of the Peace :

Issuing summons or subpoena, fifty cents; issuing precept for jury, fifty cents; issuing original attachment, one dollar; issuing writ of forcible entry and detainer, one dollar and fifty cents; writ of restitution or re-restitution, one dollar and fifty cents; criminal warrant or warrant of commitment, one dollar and fifty cents; an attachment in the process of cause, fifty cents; taking any bond required by law, one dollar; administering oath, (each person sworn) ten cents; swearing jury, fifty cents; taking verdict, fifty cents; entering judgment, one dollar; docketing cause, twenty-five cents; affidavit, when certified, or affidavit on appeal, fifty cents; taking acknowledgment of any instrument, one dollar; certifying depositions, fifty cents; writing depositions, transcript copies, or entering any matter on docket, per folio, twenty cents; all services in posting any estray, one dollar and fifty cents; recog

nizance in criminal cases, seventy-five cents; taking testimony, per folio, twenty cents; every warrant, writ, or process, not otherwise expressed, fifty cents; solemnizing marriage, including recorder's fees, five dollars.

SEC. 9. Notaries Public:

Taking acknowledgment of deeds or other writing, one dollar; traveling, when required, per mile, twenty cents; all other services, same fees as allowed to clerks for similar services.

SEC. 10. Recorders:

Recording all instruments of writing, per folio, twenty cents; indexing same, twenty cents; recording plat of survey, per course, ten cents; recording marriage certificates, one dollar; each certificate and seal one dollar.

SEC. 11. Judges of the County Court:

Each member in attendance at court to be paid by the county, per day, five dollars.

Jurors and Witnesses:

Each juror, per case, in any court, to be paid by party claming jury, before cause is tried, and taxed as other costs, one dollar; each witness in any court, per day, two dollars; going to and returning from any place of holding court, per mile, ten cents. SEC. 13. The term folio, whenever used in this act, shall be deemed to mean one hundred words, and any figure shall be counted as one word, and all fractions shall be counted as one figure.

SEC. 14. Each clerk shall keep a fee book, and enter therein all fees to officers, witnesses or other in his court, and all officers shall keep posted up in their office a list of fees allowed them by this act; and on failing to do so, shall be subject to a fine of twenty dollars, to be collected by action of debt, to the use of the Territory.

SEC. 15. Any clerk, judge or justice of the peace may issue fee bills, and they shall have all the force and effect of any execution.

SEC. 16. Any party who may have paid any fees, may have them taxed as other costs, and on producing his voucher, have them paid back to him.

SEC. 18. All fees due any officer or other person, shall be deemed due when the services are performed, and such officer, witness or juror, except in criminal cases, may refuse to act until his fees are paid or secured; all fees for services for any individual or corporation, all services for the benefit of the county, shall be paid out of the county treasury, and all fees for services per formed for the Territory shall be paid out of the Territorial treasury.

SEC. 19. Judge of the Miners' Court:

For entering every cause on docket, two dollars and fifty cents; rendering judgment, two dollars and fifty cents; venire for jury, one dollar; all other services rendered, the same fees as are allowed to justices of the peace.

Approved December 7th, 1859.

CHAPTER XXIX.

AN ACT

To give legality to Decisions of Miners' Courts, and Meetings for other Purposes.

SEC. 1. Be it enacted by the General Assembly of the Provisional Government of the Territory of Jefferson, the Governor approving:-That the rules, laws and regulations heretofore established by the miners and inhabitants of the gold region of this Territory, and the decisions of their various courts and meetings made in pursuance thereof, and not inconsistent therewith, are hereby legalized and declared valid.

SEC. 2.

That all sales, transfers and alienations heretofore made by the miners and others, of claims for mining, and lots for building purposes, in accordance with the regulations in the various mining districts and precincts in which they are situated, are hereby declared legal and valid.

SEC. 3. The provisions of this act shall not be so construed as to apply to any action, conveyance or decision had after the passage of this act.

Approved December 7th, 1859.

CHAPTER XXX.
AN ACT

To provide a Docket Fee in District and Supreme Courts.

SEC. 1. Be it enacted by the General Assembly of the Provisional Government of the Territory of Jefferson, the Governor approving:-That the judges of the district court shall receive a docket fee of five dollars in each case, to be taxed as other costs.

SEC. 2. There shall be allowed a fee of ten dollars in each case, in the supreme court, to be divided equally among the judges.

SEC. 3. All fees so collected shall be charged to the judge so receiving them, and the Territory credited for the amount thus received.

Approved December 7th, 1859.

CHAPTER XXXI.

AN ACT

Regulating Fees in certain cases.

SEC. 1. Be it enacted by the General Assembly of the Provisional Government of the Territory of Jefferson, the Governor approving:-Every person or company, filing with any county recorder a charter under the general incorporation law of this Territory, shall pay to the recorder of said county a fee of fifteen dollars-twelve dollars and fifty cents to be paid into the county treasury as revenue, and two dollars and fifty cents to the recorder. Approved December 7th, 1859.

CHAPTER XXXII.

AN ACT

Authorizing Officers to use Private seals.

SEC. 1. Be it enacted by the General Assembly of the Provisional Government of the Terrritory of Jefferson, the Governor approving:-That all officers and persons required by law to keep a seal, and attest their official acts therewith, are authorized to adopt or use a scrawl or private seal in the attestation of their official acts, until such seals as are required by law can be procured, and the same is hereby declared legal and valid.

Approved December 7th, 1859.

CHAPTER XXXIII.

AN ACT

Further defining the Powers and Jurisdiction of Courts in the Territory.

SEC. 1. Be it enacted by the General Assembly of the Provisional Government of the Territory of Jefferson, the Governor approving:-That courts of law and equity, established by the provisional legislature of the Territory of Jefferson, shall not have or exercise any power or jurisdiction to hear or determine any case, or suit, or render a judgment, or issue any execution for the enforcement of the same, except the cause of action or suit originated within the limits of Jefferson Territory, unless when the cause of action upon which suit is commenced, was entered into in whole or in part, without the limits of the Territory, to be consummated in the Territory, and some portion of the contract actually executed or ptrformed in pursuance of said agreement, by one of the parties, in good faith in the limits of the Territory.

SEC. 2. That all actions brought or commenced in the courts of this Territory upon any instrument whatever, showing that it was executed within the limits of this Territory, shall be dismissed by the court in which suit is commenced upon such instrument, unless the plaintiff can show it comes within the exceptions in the first. section of this act.

SEC. 3. It shall be the duty of the court of this Territory to require proof of the party denying jurisdiction of the court, showing that the court has no jurisdiction of the action or suit where the instrument sued upon is silent as to its place of execution. Approved December 25th, A. D. 1859.

CHAPTER XXXIV.

AN ACT

To authorize the Formation of Military Companies.

SEC. 1. Be it enacted by the General Assembly of the Provisional Government of the Territory of Jefferson, the Governor approving:-The acting Militia of this Territory shall consist of