Page:United States Statutes at Large Volume 76A.djvu/160

–64– -64^1) for each return, $ 1; (2) for mileage going one way in attempting to serve or execute any process, order, judgment, or decree of the court, for each mile traveled one way, 10 cents. § 347. Fees of magistrates' courts in civil actions (a) At the time of commencing a civil action in a magistrate's court, the plaintiff shall deposit a fee of $5. An intervener therein shall deposit at the time of appearance a fee of $3. (b) The fees deposited under this section are full compensation for all services of the magistrate's court in the action, including the services of the magistrate and constable in filing of the complaint, service of process, and execution, except fees for furnishing copies of papers or records. § 348. Other fees of magistrates (a) In addition to the fees prescribed by section 347 of this title, magistrates shall collect the following fees: (1) administering oath upon an affidavit or other paper with certificate of oath, 25 cents; (2) appeal, with proceedings taking bond, making and forwarding transcript of record, $1; (3) each certificate not otherwise provided for, 25 cents; (4) writing and certifying deposition, including the administration of oath to the witness, 65 cents per page of 250 words or fraction thereof for services of the reporter, and 25 cents per page for supervision and certification thereof by the magistrate; (5) certified copies of a record of proceeding of which a person is entitled to receive a copy, 65 cents per page of 250 words or fraction thereof, and 30 cents per page for carbon copies. (b) Upon receiving payment of fees allowed to him by law, a magistrate shall render to the person or persons so paying an Itemized account thereof. § 349. Fees on appeals from magistrates* courts to district court An appeal taken from a judgment rendered in a magistrate's court in a civil action is not effectual for any purpose unless, at the time of filing the notice of appeal, the appellant pays to the magistrate, in addition to the fee payable to the magistrate on appeal, a docket fee of $5 for filing the appeal and for placing the action on the calendar in the district court. Upon transmitting the papers on appeal, the magistrate shall transmit to the clerk of the district court the sum thus deposited for filing the appeal in the district court and for placing the action on the calendar. A notice of appeal may not be filed untu the fees are paid as required by this section. § 350. Jury fee A party who demands a trial by jury in a civil action in the district court shall accompany the demand with a deposit of $10 as a jury fee. Unless the deposit is made, the case shall be tried without (he intervention of a jury. § 351. Fees fixed by rules of court If it appears that services are required of clerks of court, marshals, magistrates, constables, or officers of a court, other than those for which specific fees are provided in this chapter, the district court shall by general rules provide for a scale of fees for those services proportionate to the fees provided in this chapter for similar services.

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