Ordinance, 14 January 1843–B, as Published in the Wasp

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An ordinance regulating the fees, and compensation of the several officers, and persons therein mentioned.
Sec. 1. Be it ordained by the City Council of the City of , that the salaries, fees, and compensation of the several officers and persons hereinafter mentioned, are established as follows; to wit:
THE CITY COUNCIL.
The Mayor, shall be allowed a salary per annum $500,00
The Vice mayor, or president pro tem, presiding in the absence of the Mayor, per day 3,00
The alderman and councillor’s, each for every day’s attendance, 2,00
The recorder, as secretary of the council, per annum, 100,00
The recorder shall, in addition to his salary, be allowed to claim the following fees, to wit:
For copies or exemplification of records or ordinances, for every seventy-two words, 12 1-2
For recording each marriage. 50
Affixing corporation seal, and certificate therewith, 50
The treasurer shall be allowed two per cent on all monies or funds paid out by him, as full compensation for his services. The salaries and compensation aforesaid shall be due semi-anually, and, on the certificate of the recorder, (except in his own case, then on the certificate of the President of the council) shall be paid out of any monies in the treasury not otherwise appropriated.
THE MUNICIPAL COURT.
Sec. 2. The chief justice shall be allowed, per day, 3,00
The associate justice’s shall each be allowed, per day, 2,50
The clerk of the Municipal court shall be entitled to the following fees, to wit:
For each warrant, summons, subpoena, and other process not herein specified, and sealing the same, 50
Filing papers on appeals from the Mayor or alderman’s court, taking appeal bond and issuing , 50
Docketing each suit, 12 1-2
Entering each order or rule of court for continuance, default, discontinuence, retraxit, &c. 25
For each dedimas or commission to take depositions, 50
Calling and swearing each jury, 12 1-2
Administering each oath, 6 1-4
Swearing person to affidavit 12 1-2
For each to summon jury 25
Receiving and entering verdict of jury 12 1-2
Entering each decree or final judgment 25
Issuing writ of , , or 50
Entering on record 25
Issuing 25
Entering marshall’s return of the same 12 1-2
For each certificate and seal, other than the process of court 25
Taking bond in cases of appeal to the circuit court 50
For each license under seal granted by ordinance 50
For each certificate of magistracy under seal 25
The unsuccessful party in any suit before the Municipal court shall be taxed a docket fee of three dollars, to be collected with the costs of suit, and paid over, in proportionate sums, to the justices sitting on said suit, as compensation, or part compensation for their services; and the deficit, if any, in the compensation of the justices, shall be paid semiannually, on the certificate of the clerk, out of any monies in the treasury not otherwise appropriated
MAYOR AND ALDERMAN’S FEES
Sec. 3. For taking each complaint in writing under oath 25
For each warrant, summons, or subpoena 25
For each venire or jury warrant 25
Swearing jury in each case 25
Entering verdict of jury 12 1-2
Administering each oath 6 1-4
Issuing dedimus to take depositions 25
Taking each deposition when required for each 100 words 12 1-2
Entering security on docket 25
to be served on security 25
Notification to each referee 25
Entering award of refere[e]s 25
Each order or judgment and entering the same 25
Docketing each suit 12 1-2
For each precept on 50
Issuing process of and taking bond and security 75
On trial, per day 2,00
Entering appeal to the Municipal or circuit court 25
For each transcript of judgment and proceedings 25
For each execution, or 25
Taking the acknowledgment of a deed or other indenture 25
For each marriage ceremony perform ed 1,00
For certificate of the same 25
For each continuance of a case 12 1-2
MARSHALL AND CONSTABLE’S FEES.
Sec. 4. For serving a warrant or summons on each person named therein 25
Serving each subpoena 12 1-2
Serving and returning each execution 50
Serving and returning jury warrant in each case 50
Serving each mittimus 25
Eeach day’s attendance on the city council or municipal court when required 2,00
Each day’s attendance on the Mayor’s or alderman’s court when required 1,00
Advertising property for sale 25
Commission on all sales not exceeding ten dollars, ten per centum; and on all sales exceedin[g] that sum, six per centum.
Mileage when serving a warrant, sum mons, or subpeona, from the justice’s or clerk’s office to the residence of the defendant, juror, or witness, per mile 5
Mileage when serving a mittimus, from the office of the justice’s or clerk to the jail, per mile 6 7-4
For guarding jail, or other similar services, for every twenty-four hours 1,00
JUROR’S FEES.
Sec. 5. To each juror sworn in a case before the Mayor or alderman 25
To each juror sworn in a case before the municipal court 25
To each juror atttending a coroner’s inquest 25
WITNESSE’S FEES.
Sec. 6 Each witness attending the Mayor’s alderman or municipal court, or at tending for the purpose of having his deposition taken, in each case. 50
ARBITRATOR’S FEES.
Sec. 7. To each arbitrator for every day he shall be necessarily employed in performing the duties of his appointment, where the award is to be made the judgment of the municipal court 1,50
To each arbitrator or referee, for each day he shall be necessarily employed in making up his award in cases before the Mayor or alderman 1,00
CORONERS FEES.
Sec. 8. For holding an inquest over a dead body when required by law, 5,00
For summoning a jury 75
For burial expences, &c. 10,00
All of which fees shall be certified by the coroner, and paid out of the city treasury, when the same cannot be collected out of the estate of the deceased.— And whenever the coroner shall be required by law to perform any of the duties appertaining to the office of marshall, he shall be entitled to the like fees and compensation.
REGISTER’S FEES.
Sec. 9. For recording all deeds, mortgages and other instruments of writing, for every 100 words 75
For copies of the same, when requested, for every 100 words 12 1-2
For every search of record 12 1-2
Official certificate under seal 37 1-2
NOTARY PUBLIC’S FEES.
Sec. 10. For Noting a bond, promissory note, or bill of exchange for protest 25
For protesting and recording the same 50
For noting without protest 25
For notice to endorsers &c. each 25
For affixing the seal notarial 25
For each certificate 25
For taking acknowledgment of deed or other indenture 25
ASSESSOR AND COLLECTORS FEES.
Sec. 11. The assessors and collector’s shall be allowed for ever day they are necessarily employed in the business of their appointment 2,00
THE CITY WATCH.
Sec. 12. The city watch shall be allowed for services in guarding the for every day 1,50
Sec. 13. The fees of the several officers and persons aforesaid, where not otherwise designated or provided for, shall be due, and if demanded, paid by the party claiming said services, upon the rendition of said services.
Sec. 14. The Mayor, alderman, and clerk of the municipal court, shall keep an exact account of all costs that may accrue in the progress of each and every suit in their respective courts, specifying the particulars of each charge, and upon the rendition of judgment, shall charge the unsuccessful party with the costs of suit.
Sec. 15. When execution shall issue against the unsuccessful party, for the recovery of the judgment rendered, a bill of the costs as aforesaid shall be included in such execution, and if said costs are not recovered from the unsuccessful party by execution as aforesaid, it shall and may be lawful, and it is hereby made the duty of the Mayor, alderman, or clerk, as aforesaid, to issue a fee bill against the successful party for all costs that remain unsatisfied; which fee bill shall contain the particulars for which fees are charged; be directed to the marshall; and shall have all the force of an execution.
Sec. 16. There shall be clerk of the Mayor’s court who shall be appointed from time to time by the Mayor, as he shall deem expedient, whose compensation of services shall be the usual perquisites of the Mayor’s office as set forth in the third section of this ordinance, excepting the compensation “on trial per day $2.00” and “each marriage ceremony performed 1,00.”
Sec. 17. This ordinance to take effect and be in force, from and after its passage.—
Passed January 14th 1843.
JOSEPH SMITH, Mayor.
, Recorder. [p. [4]]
An ordinance regulating the fees, and compensation of the several officers, and persons therein mentioned.
Sec. 1. Be it ordained by the City Council of the City of , that the salaries, fees, and compensation of the several officers and persons hereinafter mentioned, are established as follows; to wit:
THE CITY COUNCIL.
The Mayor, shall be allowed a salary per annum $500,00
The Vice mayor, or president pro tem, presiding in the absence of the Mayor, per day 3,00
The alderman and councillor’s, each for every day’s attendance, 2,00
The recorder, as secretary of the council, per annum, 100,00
The recorder shall, in addition to his salary, be allowed to claim the following fees, to wit:
For copies or exemplification of records or ordinances, for every seventy-two words, 12 1-2
For recording each marriage. 50
Affixing corporation seal, and certificate therewith, 50
The treasurer shall be allowed two per cent on all monies or funds paid out by him, as full compensation for his services. The salaries and compensation aforesaid shall be due semi-anually, and, on the certificate of the recorder, (except in his own case, then on the certificate of the President of the council) shall be paid out of any monies in the treasury not otherwise appropriated.
THE MUNICIPAL COURT.
Sec. 2. The chief justice shall be allowed, per day, 3,00
The associate justice’s shall each be allowed, per day, 2,50
The clerk of the Municipal court shall be entitled to the following fees, to wit:
For each warrant, summons, subpoena, and other process not herein specified, and sealing the same, 50
Filing papers on appeals from the Mayor or alderman’s court, taking appeal bond and issuing , 50
Docketing each suit, 12 1-2
Entering each order or rule of court for continuance, default, discontinuence, retraxit, &c. 25
For each dedimas or commission to take depositions, 50
Calling and swearing each jury, 12 1-2
Administering each oath, 6 1-4
Swearing person to affidavit 12 1-2
For each to summon jury 25
Receiving and entering verdict of jury 12 1-2
Entering each decree or final judgment 25
Issuing writ of , , or 50
Entering on record 25
Issuing 25
Entering marshall’s return of the same 12 1-2
For each certificate and seal, other than the process of court 25
Taking bond in cases of appeal to the circuit court 50
For each license under seal granted by ordinance 50
For each certificate of magistracy under seal 25
The unsuccessful party in any suit before the Municipal court shall be taxed a docket fee of three dollars, to be collected with the costs of suit, and paid over, in proportionate sums, to the justices sitting on said suit, as compensation, or part compensation for their services; and the deficit, if any, in the compensation of the justices, shall be paid semiannually, on the certificate of the clerk, out of any monies in the treasury not otherwise appropriated
MAYOR AND ALDERMAN’S FEES
Sec. 3. For taking each complaint in writing under oath 25
For each warrant, summons, or subpoena 25
For each venire or jury warrant 25
Swearing jury in each case 25
Entering verdict of jury 12 1-2
Administering each oath 6 1-4
Issuing dedimus to take depositions 25
Taking each deposition when required for each 100 words 12 1-2
Entering security on docket 25
to be served on security 25
Notification to each referee 25
Entering award of referees 25
Each order or judgment and entering the same 25
Docketing each suit 12 1-2
For each precept on 50
Issuing process of and taking bond and security 75
On trial, per day 2,00
Entering appeal to the Municipal or circuit court 25
For each transcript of judgment and proceedings 25
For each execution, or 25
Taking the acknowledgment of a deed or other indenture 25
For each marriage ceremony perform ed 1,00
For certificate of the same 25
For each continuance of a case 12 1-2
MARSHALL AND CONSTABLE’S FEES.
Sec. 4. For serving a warrant or summons on each person named therein 25
Serving each subpoena 12 1-2
Serving and returning each execution 50
Serving and returning jury warrant in each case 50
Serving each mittimus 25
Eeach day’s attendance on the city council or municipal court when required 2,00
Each day’s attendance on the Mayor’s or alderman’s court when required 1,00
Advertising property for sale 25
Commission on all sales not exceeding ten dollars, ten per centum; and on all sales exceeding that sum, six per centum.
Mileage when serving a warrant, sum mons, or subpeona, from the justice’s or clerk’s office to the residence of the defendant, juror, or witness, per mile 5
Mileage when serving a mittimus, from the office of the justice’s or clerk to the jail, per mile 6 7-4
For guarding jail, or other similar services, for every twenty-four hours 1,00
JUROR’S FEES.
Sec. 5. To each juror sworn in a case before the Mayor or alderman 25
To each juror sworn in a case before the municipal court 25
To each juror atttending a coroner’s inquest 25
WITNESSE’S FEES.
Sec. 6 Each witness attending the Mayor’s alderman or municipal court, or at tending for the purpose of having his deposition taken, in each case. 50
ARBITRATOR’S FEES.
Sec. 7. To each arbitrator for every day he shall be necessarily employed in performing the duties of his appointment, where the award is to be made the judgment of the municipal court 1,50
To each arbitrator or referee, for each day he shall be necessarily employed in making up his award in cases before the Mayor or alderman 1,00
CORONERS FEES.
Sec. 8. For holding an inquest over a dead body when required by law, 5,00
For summoning a jury 75
For burial expences, &c. 10,00
All of which fees shall be certified by the coroner, and paid out of the city treasury, when the same cannot be collected out of the estate of the deceased.— And whenever the coroner shall be required by law to perform any of the duties appertaining to the office of marshall, he shall be entitled to the like fees and compensation.
REGISTER’S FEES.
Sec. 9. For recording all deeds, mortgages and other instruments of writing, for every 100 words 75
For copies of the same, when requested, for every 100 words 12 1-2
For every search of record 12 1-2
Official certificate under seal 37 1-2
NOTARY PUBLIC’S FEES.
Sec. 10. For Noting a bond, promissory note, or bill of exchange for protest 25
For protesting and recording the same 50
For noting without protest 25
For notice to endorsers &c. each 25
For affixing the seal notarial 25
For each certificate 25
For taking acknowledgment of deed or other indenture 25
ASSESSOR AND COLLECTORS FEES.
Sec. 11. The assessors and collector’s shall be allowed for ever day they are necessarily employed in the business of their appointment 2,00
THE CITY WATCH.
Sec. 12. The city watch shall be allowed for services in guarding the for every day 1,50
Sec. 13. The fees of the several officers and persons aforesaid, where not otherwise designated or provided for, shall be due, and if demanded, paid by the party claiming said services, upon the rendition of said services.
Sec. 14. The Mayor, alderman, and clerk of the municipal court, shall keep an exact account of all costs that may accrue in the progress of each and every suit in their respective courts, specifying the particulars of each charge, and upon the rendition of judgment, shall charge the unsuccessful party with the costs of suit.
Sec. 15. When execution shall issue against the unsuccessful party, for the recovery of the judgment rendered, a bill of the costs as aforesaid shall be included in such execution, and if said costs are not recovered from the unsuccessful party by execution as aforesaid, it shall and may be lawful, and it is hereby made the duty of the Mayor, alderman, or clerk, as aforesaid, to issue a fee bill against the successful party for all costs that remain unsatisfied; which fee bill shall contain the particulars for which fees are charged; be directed to the marshall; and shall have all the force of an execution.
Sec. 16. There shall be clerk of the Mayor’s court who shall be appointed from time to time by the Mayor, as he shall deem expedient, whose compensation of services shall be the usual perquisites of the Mayor’s office as set forth in the third section of this ordinance, excepting the compensation “on trial per day $2.00” and “each marriage ceremony performed 1,00.”
Sec. 17. This ordinance to take effect and be in force, from and after its passage.—
Passed January 14th 1843.
JOSEPH SMITH, Mayor.
, Recorder. [p. [4]]
Page [4]