Page:1889 Territory of Dakota Session Laws.djvu/86

Rh ATTORNEY FEES.

CHAPTER 16.

LIMITATION IN NOTES, BONDS, MORTGAGES, ETC.

AN ACT to Declare certain Provisions for Auorney's Fee Void. and to Provide a Reasonable Attorney's Fee in such cases.

Be it Enacted by the Legislative Assembly of the Territory of Dakota:

§ 1. .| That any provision contained in апу note, bond, mortgage or other evidence of debt for the payment of an attorney fee in case of default in. payment ог of proceedings had to collect such note, bond or evidence of debt or to foreclose such mortgage is hereby declared to be against public policy and void.

§ 3. .| In all actions commenced and prosecuted to judgment in the district court for the foreclosure of any chattel or real estate mortgage the plaintiff in such action shall be allowed an attorney's fee as follows: On the first one hundred dollars or under of such judgment, ten dollars, and three per cent on each dollar of judgment in excess of one hundred dollars, and not exceeding five hundred dollars; Provided, That the attorney fee in no such case shall exceed the sum of twenty-five dollars, unless the court shall by order allow an additional sum, when issue has been joined in such action, and provided further, that if the plaintiff shall fail to recover in such action, the defendant in such action shall be allowed an attorney fee not exceeding twenty-five dollars.

§ 3. .] In all cases of foreclosure of chattel or real estate mortgages by advertisement and sale, if such foreclosure be made by an attorney at law who is а resident of this territory and admitted to practice law in the courts of this territory, there shall be allowed an attorney fee as follows: For foreclosing a chattel mortgage by advertisement and sale, five dollars, and no more; for foreclosing a mortgage on real estate by advertisement and sale, ten dollars and no more.