Page:1862 Territory of Dakota Session Laws.pdf/326

CHAP. XLI.] cases where the prosecution fails, or where the money cannot be made from the person liable to pay the same, the facts being certified to by the clerk, as far as his knowledge extends, and sworn to by the sheriff, shall be allowed and paid out of the county treasury.

. 14. For a view of each body, and for taking and returning inquest, five dollars; each subpna, warrant, or venire, twenty-five cents. The above fees are to be paid from the county treasury where they cannot be obtained from the estate of the deceased. For all other services, the same fees as are allowed to sheriffs in similar cases.

. 15. For serving any notice or process, on each person named therein, twenty-five cents; copy thereof when required, ten cents; for serving an attachment or writ of replevin, fifty cents; travelling fees, going and returning, per mile, five cents; summoning a jury (including mileage), fifty cents; attending same on trial, twenty-five cents; serving execution (besides mileage), fifty cents; advertising and selling property (besides mileage), fifty cents; advertising without selling, twenty-five cents; notifying plaintiff of the time of such sale, besides mileage, unless he waive such notice, twenty cents; return of execution when no levy is made, five cents; on taking bond in any case, twenty-five cents; on all sums collected on execution and paid over, four per cent.; serving subpna (besides mileage), fifteen cents; posting up each notice required by law (besides mileage), fifteen cents; commitment to prison (besides mileage), twenty-five cents.

. 16. The fees of constables for services in criminal cases where the prosecution fails or when the money cannot be made from the person liable to pay the same, the facts being certified by the justice and sworn to by the constable, shall be allowed and paid out of the county treasury.