Page:1862 Territory of Dakota Session Laws.pdf/322

CHAP. XLI.] for drawing and certifying an affidavit, or for giving a certificate not attached to any other paper or document, twenty-five cents; for fixing his official certificate to any paper, whether the certificate be under seal or not, thirty-five cents; for making out a copy or transcript of any public papers or records under his control for the use of a private individual or company, or recording articles of incorporation, ten cents for every one hundred words.

. 3. The clerk of the supreme court may take the following fees, as the whole compensation, and where they are payable by a party to a suit, they may (except in criminal cases) be required in advance. If not so paid in advance the clerk may at any time after judgment, issue a fee-bill, which shall have the force of a special execution against the party adjudged to pay costs: upon the filing each appeal, three dollars; upon entering each judgment where the cause has been decided upon its merits, two dollars; upon each continuance of a cause, one dollar; upon issuing each execution, one dollar and twenty-five cents; entering satisfaction of judgment, fifty cents; upon issuing each writ, rule, or order to be served upon any person not in court, twenty-five cents; for copying an opinion to be transmitted to the district court in case of a reversal of judgment, ten cents for every one hundred words, to be paid by the party against whom costs are adjudged.

. 4. In criminal cases the clerk shall charge no fees against the county or territory, except that where judgment is reversed he is entitled to the legal fees for a copy of the decision, to be paid from the county treasury. As against the accused he is entitled to the same compensation as is allowed in civil cases.

. 5. The clerk of the district court must, in addition to the fees elsewhere authorized, charge and collect the following: on the filing of an appeal or the commencement of an original suit, two dollars and fifty cents; additional amount